Letter of the Ministry of Economic Development of Russia dated November 7, 2018 N 32363-VA/D23i “On the application of the provisions Federal Law dated July 13, 2015 N 218-FZ and Federal Law dated August 3, 2018 N 340-FZ regarding cadastral registration And state registration rights to individual housing construction projects and garden houses"

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

ABOUT APPLICATION

CADASTRAL REGISTRATION AND STATE REGISTRATION OF RIGHTS

FOR INDIVIDUAL HOUSING CONSTRUCTION SITES

AND GARDEN HOUSES

On August 4, 2018, Federal Law No. 340-FZ of August 3, 2018 “On Amendments to the Town Planning Code” came into force Russian Federation and separate legislative acts Russian Federation" (hereinafter referred to as Federal Law No. 340-FZ), which introduced a notification procedure for the construction of individual housing construction projects (hereinafter referred to as individual housing construction projects) to replace the previously existing permitting procedure, and also amended certain provisions of Federal Law dated July 13, 2015 No. 218 -FZ "On State Registration of Real Estate" (hereinafter - Federal Law N 218-FZ).

In addition, from January 1, 2019, the Federal Law of July 29, 2017 N 217-FZ “On the conduct of gardening and vegetable gardening by citizens for own needs and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as Federal Law No. 217-FZ), which, in particular:

Federal Law No. 66-FZ of April 15, 1998 “On gardening, gardening and dacha non-profit associations of citizens” (hereinafter referred to as Federal Law No. 66-FZ) is declared invalid;

the concepts “dacha plot of land” and “residential building” are excluded from the legislation;

the concept of “garden house” is introduced (clause 2 of article 3

a garden house can be recognized as a residential building, a residential building can be recognized as a garden house in the manner prescribed by the Government of the Russian Federation (Part 3 of Article 23 of Federal Law No. 217-FZ);

types of permitted use land plots“garden plot of land”, “for gardening”, “for gardening”, “dacha plot of land”, “for dacha farming” and “for country house construction"contained in the One state register real estate (hereinafter - USRN) and (or) indicated in title or other documents are considered equivalent; land plots in respect of which such types of permitted use are established are garden land plots (Part 7 of Article 54 of Federal Law No. 217-FZ);

buildings located on garden plots of land, information about which was entered into the Unified State Register of Real Estate before the date of entry into force of Federal Law N 217-FZ with the purpose of “residential”, “residential building”, are recognized residential buildings(Part 10 of Article 54 of Federal Law No. 217-FZ).

From the date of entry into force of Federal Law N 340-FZ (August 4, 2018) as a result of changes in the Town Planning Code of the Russian Federation (hereinafter referred to as the Town Planning Code), the concepts of “individual housing construction object”, “residential building”, “individual residential building” are applied in the same meaning, unless otherwise provided by federal laws and regulations of the Russian Federation (clause 39 of Article 1 of the Town Planning Code).

In accordance with the amendments made by Federal Law N 340-FZ to Federal Law N 218-FZ, state cadastral registration of created individual housing construction objects, garden houses and state registration of rights to them must be carried out simultaneously on the basis of an application from a state authority or local government authority authorized for issuing construction permits. The application by the specified authorities is submitted to in electronic format, the application must be accompanied by:

notification of the completion of construction or reconstruction of an individual housing construction project or garden house;

a technical plan submitted by the developer along with a notification of the completion of construction or reconstruction of an individual housing construction project or a garden house to the state authority, local government authority authorized to issue construction permits;

agreement on determining shares in the common law shared ownership for a constructed or reconstructed individual housing construction project or garden house, concluded between the legal holders of the land plot, if the land plot on which the individual housing construction project or garden house is built or reconstructed belongs to two or more citizens on the right of common shared ownership or is leased with a plurality of persons on the side tenant.

The notice of completion of construction or reconstruction of an individual housing construction project or garden house must also include information about payment state duty for state registration of the right to the created real estate object (part 16 of article 55 of the Town Planning Code).

The developer has the right to independently contact the rights registration authority in the event of failure by the state authority or local government authority authorized to issue construction permits to fulfill the above obligation. In this case, the developer submits only an application to the rights registration authority; the rights registration authority requests other documents from the state authority or local government authorized to issue construction permits (Part 1.2 of Article 19 of Federal Law No. 218-FZ).

information that the notification about the completion of construction or reconstruction of an individual housing construction project or a garden house, about the state cadastral registration and (or) state registration of rights of which an application has been submitted, was not sent (or returned without consideration and is considered not sent) by the developer to the government authority or body local governments authorized to issue construction permits (clause 59).

In this regard, we believe it is necessary to pay attention to the following.

Regarding residential buildings and residential buildings created or being created on garden or dacha land plots.

In this case, it is also not necessary to send a notice of planned construction, provided for in Article 51.1 of the Town Planning Code (as amended by Federal Law N 340-FZ), nor to obtain permission to put the facility into operation (parts 3 - 4 of Article 16

5. At the same time, if there is a permit for the construction of an individual housing construction project, the developer notifies the executive authority or local government body that issued the permit for the construction of an individual housing construction project about the completion of construction or reconstruction of the individual housing construction project, in accordance with Part 16 of Article 55 of the Town Planning Code (Part 4 of Article 16 Federal Law N 340-FZ).

IN in this case consideration of the notice of completion of construction or reconstruction of an individual housing construction project is carried out according to the rules provided for in parts 18 - 21 of Article 55 of the Town Planning Code (as amended by Federal Law N 340-FZ). Sending a notice of non-compliance of a constructed or reconstructed individual housing construction project with the requirements of the legislation on urban planning activities is allowed only if the individual housing construction project does not comply with the requirements of the permit for the construction of the individual housing construction project.

To the notification of completion of construction, the developer must attach, among other documents, a technical plan for creating of this object Individual housing construction.

In these cases, information about the individual housing construction object, with the exception of information about the location of the individual housing construction object on the land plot and its area, is indicated in the technical plan based on:

or building permits and project documentation such an object (if any);

or a construction permit and a declaration on the property provided for in Part 11 of Article 24 of Federal Law N 218-FZ (as amended by Federal Law N 340-FZ) (in the event that project documentation was not prepared).

When considering documents submitted by a state authority or local government authorized to issue construction permits with an application for state cadastral registration and state registration of rights to the created individual housing construction object or at the request of the rights registration authority (Part 1.2 of Article 19 of Federal Law N 218-FZ ), it is not allowed to suspend such registration and registration actions due to the lack of notification of the planned construction (reconstruction) of an individual housing construction project, since in this case a construction permit is used when preparing a technical plan.

Also, if an application for state cadastral registration and state registration of rights was submitted by the owner of the land plot before the entry into force of Federal Law N 340-FZ, such an application and the documents attached to it, including in the case of suspension of registration and registration actions, must be considered according to the rules of Federal Law N 218-FZ, which were in force before the entry into force of Federal Law N 340-FZ.

6. If the construction (reconstruction) of an individual housing construction project on a land plot intended for individual housing construction or for running a personal subsidiary plot, within the boundaries of a populated area, began before receiving a construction permit in the prescribed manner and before the entry into force of Federal Law No. 340- Federal Law, the owner of such a land plot has the right, before March 1, 2019, to send to the federal executive body, the executive body of the constituent entity of the Russian Federation or the local government authorized to issue construction permits the provisions provided for in Part 1 of Article 51.1 of the Town Planning Code (as amended by Federal Law N 340- Federal Law) notification of planned construction or reconstruction on the corresponding land plot of an individual housing construction project (Part 5 of Article 16 of Federal Law N 340-FZ).

Consideration of such a notification is carried out in the manner prescribed by Article 51.1 of the Town Planning Code; upon completion of construction, the owner of the land plot sends a notification of the completion of construction or reconstruction provided for in Part 16 of Article 55 of the Town Planning Code, and consideration of such a notice is carried out in the manner established by parts 17 - 21 of Article 55 of the Town Planning Code. code. In this case, obtaining a construction permit and permission to put the facility into operation is not required.

Thus, in relation to Part 5 of Article 16 of Federal Law N 340-FZ, it should be noted that this norm allows for state cadastral registration and state registration of rights to residential buildings, the construction of which began (including started and completed) before the date of entry into force of the specified Law, without a construction permit (despite the requirements of Article 51 of the Town Planning Code as amended, in force until August 4, 2018), subject to submission before March 1, 2019 year of the corresponding notification to the authorized body. At the same time, the totality of these facts (lack of a building permit, start of construction without a building permit, lack of permission to put the facility into operation) is not in itself a basis for suspending state cadastral registration and state registration of rights to a residential building, subject to compliance with the requirements stipulated and the Town Planning Code (as amended by Law N 340-FZ).

7. Regarding the preparation of a technical plan for an individual housing construction project or a garden house, the construction of which is not completed.

9. Regarding the forms of notifications required for the construction or reconstruction of an individual housing construction project or a garden house.

Other news

in case of loss of a breadwinner - section IV of the Law,

Citizens who for some reason do not have the right to a pension in connection with labor and other socially useful activities are provided with a social pension (Section VIII of the Law). Such a pension may be assigned in appropriate cases instead of a labor pension (at the request of the person applying for it).

Article 4. The right to a pension of citizens of other union republics, foreign citizens and stateless persons

Citizens of other union republics, foreign citizens and stateless persons living in the Russian Federation have the right to receive a pension on the same basis as citizens of the Russian Federation, unless otherwise provided by law or agreement.

Article 5. Right to choose a pension

Citizens who are simultaneously entitled to various state pensions are assigned and paid one of them, at their choice.

The right to receive two pensions is granted:

a) citizens who became disabled as a result of war trauma (Law), participants of the Great Patriotic War(subparagraphs “a” - “g” and the Federal Law “On Veterans”) who became disabled due to a general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their unlawful actions). They may be entitled to an old-age pension (or for long service) and a disability pension;

b) widows of military personnel who died in the war with Finland, the Great Patriotic War, and the war with Japan, who did not remarry. They may be entitled to an old-age pension (or a disability pension, long service pension, social pension) and a survivor's pension - for the deceased husband.

c) parents of military personnel who served in conscription, died (died) during military service or died as a result of a military injury after dismissal from military service (except for cases where the death of military personnel occurred as a result of their unlawful actions).

They may be entitled to an old-age pension (disability pension, long service pension, social pension) and a survivor's pension (Law). In this case, a survivor's pension is established for each of the parents of the deceased (deceased) serviceman.

Article 6. Applying for a pension

Citizens can apply for a pension at any time after the right to it arises, without any limitation to any period and regardless of the nature of their occupation at the time of application.

Article 7. Calculation and increase of pensions in connection with the growth of wages in the country

In connection with the growth of wages in the country, pensions are subject to calculation and increase by applying the individual pensioner coefficient, subject to the following conditions:

a) the individual coefficient of a pensioner is determined by multiplying the pension amount as a percentage, based on the length of work experience, by the ratio of the average monthly earnings for the specified period from which the pension is calculated to the average monthly wages in the country over the same period.

The ratio of the average monthly earnings of a pensioner to the average monthly salary in the country is established by dividing the average monthly earnings of a pensioner for the corresponding period by the average monthly salary in the country for the same period.

When determining the individual coefficient of a pensioner, the ratio of the average monthly earnings of a pensioner to the average monthly salary in the country is taken into account in an amount not exceeding 1.2, regardless of the basis for assigning a pension, with the exception of cases of determining the individual coefficient of a pensioner for persons living in regions of the Far North or in areas equated to regions Far North.

When determining the individual coefficient of a pensioner for persons living in regions of the Far North or in areas equated to regions of the Far North, in which decisions of government bodies of the USSR or federal bodies State authorities have established regional coefficients for wages, the ratio of the average monthly earnings of a pensioner to the average monthly wage in the country is taken into account in the following amounts:

not more than 1.4 - for persons living in the specified areas and localities in which a regional coefficient of up to 1.5 has been established for the wages of employees;

not more than 1.7 - for persons living in the specified regions and localities in which a regional coefficient of 1.5 to 1.8 is established for the wages of employees;

not more than 1.9 - for persons living in the specified areas and localities in which a regional coefficient of 1.8 or higher is established for the wages of employees.

Moreover, if different regional wage coefficients are established, when determining the individual coefficient of a pensioner, the wage coefficient in force in a given region or locality for workers and employees in non-production industries is taken into account.

For persons whose pension is assigned in accordance with part one of Article 14 of the Law, when leaving the regions of the Far North and localities equated to the regions of the Far North for a new permanent place of residence, the amount of the pension is retained, calculated using the corresponding ratio of the pensioner’s average monthly earnings to the average monthly salary in the country specified in paragraph four of this paragraph.

For pensioners, with the exception of persons specified in paragraph nine of this paragraph, when leaving the regions of the Far North and areas equated to the regions of the Far North for a new permanent place of residence, pensions are calculated using the individual pensioner coefficient, determined taking into account the ratio of the pensioner’s average monthly earnings to average monthly salary in the country, not exceeding 1.2.

b) when determining the individual coefficient of a pensioner in accordance with this article, calendar periods of work, military and equivalent service provided for by paragraph "g" of Article 92 of the Law are taken into account, as well as periods included in seniority on the basis of paragraphs “a” and “e” of Article 92 of the Law. In this case, part two of Article 16 of the Law does not apply.

The amount of a disability pension due to a general illness with full work experience (part two of Article 29 of the Law) cannot exceed the amount of the old-age pension assigned with a full work experience (Law) of equal or greater duration;

c) the increase in assigned pensions in connection with the growth of wages in the country is carried out four times a year from February 1, May 1, August 1 and November 1.

To increase the pension, the pensioner’s individual coefficient is applied to the average monthly salary in the country for the period from January 1 to March 31, if the increase is made from May 1; from April 1 to June 30, if the increase is made from August 1; from July 1 to September 30, if the increase is made from November 1; from October 1 to December 31 of the previous year, if the increase is made from February 1 of the following year.

The amount of a newly assigned or recalculated pension is determined in the same manner on the grounds established by the Law;

d) the amount of the pension calculated in accordance with this article, in all cases cannot be less than the corresponding minimum amount of the pension established by the Law;

e) the amount of pension calculated in accordance with this article, limited by the maximum amount, established by Law, is not subject to;

f) the minimum amount of old-age pension (Article 17 of the Law) and, accordingly, the minimum amounts of other types of pensions are increased within the time limits provided for in paragraph “c” of this article, while the new minimum pension is determined by multiplying the current minimum pension by the growth index of the average monthly wage in the country for the corresponding quarter. However, in all cases, the minimum amount of old-age pension cannot be lower than the amount provided for in Article 17 of the Law;

h) for a pensioner performing paid work, the calculation and increase of pension in accordance with this article is carried out from the 1st day of the month following the one in which the pensioner stopped performing said work.

The average monthly salary in the country for the periods specified in paragraph "c" of this article is approved by the Government of the Russian Federation upon the proposal of the State Committee of the Russian Federation on Statistics no later than January 15, April 15, July 15 and October 15 of the corresponding year.

In cases where the amount of the pension calculated in accordance with this article does not reach the amount provided for by other provisions of the Law, the pensioner has the right to choose to calculate the pension without using an individual coefficient.

An increase in pensions calculated according to the provisions of the Law without applying an individual coefficient is carried out within the time limits provided for in paragraph “c” of this article, by indexation in accordance with the growth of the average monthly salary in the country.

Article 8. Funds for payment of pensions

Financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund of the Russian Federation at the expense of insurance contributions from employers, citizens and allocations from federal budget. When introducing amendments and additions to this Law that require an increase in expenses for the payment of pensions, the relevant federal law determines the source financial security additional expenses.

c) visually impaired people of group I: men - upon reaching 50 years of age and with a total work experience of at least 15 years and women - upon reaching 40 years of age and with a total work experience of at least 10 years;

d) citizens with pituitary dwarfism (midgets) and disproportionate dwarfs: men - upon reaching 45 years of age and with a total work experience of at least 20 years, women - upon reaching 40 years of age and with a total work experience of at least 15 years.

Article 12. Pension in connection with special conditions labor

A pension due to special working conditions is established:

a) for men - upon reaching 50 years of age and women - upon reaching 45 years of age, if they respectively worked for at least 10 years and 7 years 6 months in underground work, in work with hazardous working conditions and in hot shops and their total work experience is not less than 20 and 15 years old.

Citizens who have at least half of their work experience in underground work, in work with hazardous working conditions and in hot shops, are granted a pension with a reduction in the age provided for in Article 10 of the Law by one year for each full year of such work for men and women;

b) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked respectively in jobs with difficult working conditions for at least 12 years 6 months and 10 years and have a total length of service specified in Article 10 of the Law.

Citizens who have less than half of their work experience in jobs with difficult working conditions are granted a pension with a reduction in the age provided for in Article 10 of the Law, by one year for every two years and six months of such work for men and for every two years of such work for women;

c) women - upon reaching 50 years of age, if they have worked as tractor drivers in agriculture, other sectors of the national economy, as well as drivers of construction, road and loading and unloading machines for at least 15 years and have the total work experience specified in Article 10 of the Law;

d) women - upon reaching 50 years of age, if they have worked for at least 20 years in the textile industry in work with increased intensity and severity.

e) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they worked respectively for at least 12 years 6 months and 10 years as locomotive crew workers and employees individual categories who directly organize transportation and ensure traffic safety on railway transport and the metro (according to the list of professions and positions), as well as truck drivers directly in technological process in mines, mines, open-pit mines and ore quarries for the removal of coal, shale, ore, rock and have the general work experience specified in Article 10 of the Law;

f) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they worked respectively for at least 12 years 6 months and 10 years in expeditions, parties, detachments at sites and in teams directly on field geological exploration, prospecting, topographic - geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have the total length of service specified in Article 10 of the Law.

In this case, the period of work directly in the field from six months to a year is taken into account for the year of work, less than six months - according to its actual duration, and for seasonal work - in accordance with Article 94 of this Law;

g) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they worked respectively for at least 12 years 6 months and 10 years as workers, foremen (including senior ones) directly in logging and rafting, including servicing mechanisms and equipment (according to the list of professions, positions and industries), and have a total length of service specified in Article 10 of the Law;

h) for men - upon reaching 55 years of age, for women - upon reaching 50 years of age, if they have worked for at least 20 and 15 years, respectively, as machine operators (docker-mechanizers) of complex crews for loading and unloading operations in ports and have a total length of service indicated in Article 10 of the Law;

i) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they worked respectively for at least 12 years 6 months and 10 years as a crew member on vessels of the sea, river fleet and fishing industry fleet (except for port vessels constantly operating in the water area port, service and auxiliary, traveling, suburban and intracity traffic) and have the total length of service specified in Article 10 of the Law;

j) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked as drivers of buses, trolleybuses, trams on regular city passenger routes for at least 20 and 15 years, respectively, and have a total work experience specified in Article 10 of the Law ;

k) for men and women - upon reaching 40 years of age, if they have constantly worked as rescuers in professional emergency rescue services, professional emergency rescue units (according to the list of positions and specialties approved by the Government of the Russian Federation) for at least 15 years and participated in the liquidation emergency situations;

l) for men - upon reaching 55 years of age, for women - upon reaching 50 years of age, if they were employed in work with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment (according to the list of jobs and professions approved by the Government of the Russian Federation) , respectively, at least 15 and 10 years and have a total work experience specified in Article 10 of the Law.

n) for men and women - upon reaching 50 years of age, if they have worked for at least 25 years in positions of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation (fire protection of the Ministry of Internal Affairs, fire and emergency services of the Ministry of Internal Affairs), provided for in the list of operational positions State Fire Service of the Ministry of Internal Affairs of the Russian Federation, approved by the Minister of Internal Affairs of the Russian Federation.

Lists of relevant jobs (professions and positions), taking into account the fulfillment of which the pension is established at a reduced retirement age, are approved in the manner determined by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.

Article 13. Summation of work with various special working conditions

Labor activities with special working conditions are summarized in the following order:

for the work listed in paragraph "b" - the work specified in paragraphs "d", "f", "g" and "i";

for the work listed in paragraph “i” - the work specified in paragraphs “b”, “d”, “f”, “g”;

Article 14. Pension in connection with work in the Far North

A pension in connection with work in the Far North is established: for men - upon reaching 55 years of age and for women - upon reaching 50 years of age, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equated to the regions of the Far North, and have a total work experience of at least 25 and 20 years, respectively.

For citizens who worked both in the regions of the Far North and in areas equated to the regions of the Far North, a pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is counted as nine months of work in the regions of the Far North.

Citizens who have worked in the Far North for at least 7 years and 6 months are granted a pension with a reduction in the age provided for in Article 10 of the Law by four months for each full calendar year of work in these areas. When working in areas equated to regions of the Far North, as well as in these areas and regions of the Far North, the rule established by part two of this article is applied.

The work activity specified in Article 12 of the Law is equated to work in the Far North.

The list of regions of the Far North and areas equated to regions of the Far North is approved by the Government of the Russian Federation.

Article 15. Pension for incomplete total work experience

Citizens who have reached the retirement age specified in Article 10 of the Law and do not have full total work experience for the purpose of a pension provided for in the same article are granted a pension for incomplete work experience, if it is at least five years.

Article 16. Amount of pension

The pension is set at 55 percent of earnings (Section VII of the Law) and, in addition, one percent of earnings for each full year of total work experience exceeding that required for the pension (Article 10 and Law).

When assigning a pension in accordance with the Law, an increase in its size by one percent of earnings is also made for each full year of special work experience in excess of what is necessary to establish the pension.

The amount of the pension calculated in the above manner cannot exceed 75 percent of earnings.

Article 17. Minimum pension amount

The minimum pension amount for a total length of service equal to that required for a full pension is established not lower than the amount established by federal law.

Article 18. Maximum pension amount

The maximum amount of a pension for a total length of service equal to that required for the assignment of a full pension is set at the level of three minimum pension amounts (part one of Article 17 of the Law), and pensions assigned in connection with underground work, work in hazardous working conditions and in hot shops ( paragraph "a" of Article 12 of the Law) - three and a half sizes.

The size of the pension (part one of this article) increases by one percent for each full year of total work experience in excess of that required for granting a pension, but not more than by 20 percent.

Article 19. Amount of pension in case of incomplete total work experience

The size of the pension for incomplete total work experience is determined in proportion to the existing length of service, based on the full pension established for the length of service for men of 25 years and women of 20 years (Law).

The pension is calculated in proportion to the length of service available as follows: the corresponding full pension is determined; this pension is divided by the number of months of required service; the amount received is multiplied by the number of months of actual experience (in this experience, a period over 15 days is rounded up to a full month, and a period up to 15 days inclusive is not taken into account).

The size of the pension in case of incomplete total work experience cannot be lower than the social pension (clause “b” of Article 114 of the Law).

Article 20. The period for which the pension is established

The pension is granted for life.

Article 21. Pension supplements

The following supplements are established for the pension:

a) to care for a pensioner if he is a disabled person of group I or needs constant outside care (assistance, supervision) upon the conclusion of a medical institution or has reached the age of 80 years;

b) for disabled dependents (Articles 50 - 53 of the Law), if they themselves do not receive any pension. The allowance for disabled dependents is paid to non-working pensioners;

c) participants of the Great Patriotic War (subparagraphs “a” - “g” and “i” of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law “On Veterans”) who do not receive a disability pension at the same time as an old-age pension.

The amount of the allowance for caring for a pensioner, if he is a disabled person of group I or has reached the age of 80 years, is equal to the amount of the social pension specified in paragraph “a” of Article 114 of the Law.

The amount of the allowance for caring for a pensioner, if he has not reached the age of 80 and needs constant outside care (assistance, supervision) upon the conclusion of a medical institution, as well as the allowance for each disabled dependent of the pensioner is equal to the amount of the social pension specified in paragraph "b" of the article 114 of the Law, and for a disabled dependent - a disabled person of group III - specified in paragraph "c" of this article.

The allowance for participants of the Great Patriotic War specified in paragraph "c" of part one of this article is established in the following amounts:

a) those who have reached the age of 80 years or are disabled people of groups I and II - two minimum old-age pensions (part one of Article 17 of the Law);

b) the rest of the participants in the Great Patriotic War - one minimum old-age pension (part one of Article 17 of the Law).

Article 22. Payment of pensions to working pensioners

For work after the granting of a pension, a bonus is established in the amount of 10 percent of the pension for each year worked (12 full months work), but not more than three years of work. Such a bonus is established for work after the entry into force of the Law for those citizens who, while continuing to work, had the right to a pension, but did not receive it. Taking into account this bonus, the total amount of the pension is not limited.

The pension established for the unemployed ahead of schedule is not paid to working pensioners. After such citizens reach retirement age, at which they acquire the right to a pension on a general, preferential basis or in connection with special working conditions, their pension is paid in accordance with part one of this article.

III. Disability pension

Article 23. Disability and its groups

Disability is considered to be a health disorder of a person with a persistent disorder of body functions, leading to complete or significant loss of professional ability to work or significant difficulties in life. Depending on their degree, three disability groups are distinguished.

Citizens who have completely lost the ability to perform regular professional work in normal conditions, disability of group I is established if they need constant outside care (assistance, supervision), and group II if they do not need such care.

Citizens who have partially lost the ability to perform regular professional work are assigned disability group III.

Article 24. Determination of disability, its group, cause and time of onset

Disability, its group, cause, and, if necessary, the time of onset, are determined by medical and labor expert commissions (VTEK), acting on the basis of a regulation approved in the manner determined by the Government of the Russian Federation.

Article 25. Period for which disability is established

Disability of group I is established for two years, for groups II and III - for one year.

The re-examination period is not established: for men over 60 years old and women over 55 years old, disabled people with irreversible anatomical defects, other disabled people - according to the list of diseases approved in the manner determined by the Government of the Russian Federation.

Article 27. Pension on the grounds provided for military personnel

A pension on the basis provided for military personnel (including partisans of the Great Patriotic and Civil Wars, as well as young boys, sons (pupils) of regiments), is assigned upon the onset of disability due to a military injury (Law) or illness received during military service (Law).

On an equal basis with military personnel, pensions are assigned to commanding and rank-and-file personnel of internal affairs bodies. In this case, disability resulting from a wound, concussion, injury received while performing official duties in the internal affairs bodies is equated to disability due to military trauma, and disability resulting from other reasons that occurred during the period of service in these bodies is considered to be disability. due to an illness acquired during military service.

Article 28. Time of onset of disability

Article 26 of the Law is established regardless of when the disability began (before labor activity(study) during the period of work (study), or after its termination, etc.), but on the grounds specified in Article 27 of the Law, if the disability occurred during military service or no later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during military service.

Article 29. Conditions determining the right to a pension on a general basis (Law)

A disability pension due to work injury and occupational disease (Article 39 of the Law) is assigned regardless of the length of total work experience.

A disability pension due to a general illness (Law) for citizens who become disabled before the age of 20 is also assigned regardless of the length of their total work experience. In other cases, to assign a disability pension due to a general illness, the following length of service is required at the time of the onset of disability: for citizens under the age of 23 - at least one year, and for those aged 23 and older - one year, increasing by four months for each full year of age, starting from 23 years of age, but not more than 15 years of age.

When transferring from a disability pension due to a work injury, occupational disease, military injury or illness received during military service, to a disability pension due to a general illness, the required length of service is determined by age at the time of the initial determination of disability. This rule applies if the break in disability does not exceed five years.

Article 30. Pension for incomplete total work experience

Citizens who are disabled in groups I and II due to a general illness and do not have full work experience to qualify for a pension (Law) are granted a pension for incomplete total work experience.

Article 31. Amount of pension (except for disability pension due to military injury)

The pension (except for the disability pension due to military injury) is established in the following amounts: for disabled people of groups I and II - 75 percent, group III - 30 percent of earnings.

In cases where the pension cannot be calculated from earnings, it is set at a fixed amount equal to the minimum pension amount (Law).

Article 32. Minimum pension amount

The disability pension of groups I and II is set at the level minimum size old age pension (part one of Article 17 of the Law), and disability pension of group III - at the level of 2/3 of the minimum amount of this pension.

Article 33. Maximum pension amount

The maximum amount of disability pension for groups I and II is set at the level of the maximum amount of old-age pension (part one of Article 18 of the Law), and disability pension for group III is set at the minimum amount of this pension (part one of Article 17 of the Law).

The size of the disability pension of groups I and II (part one of this article) increases by one percent for each full year of total work experience in excess of that required for an old-age pension with full length of service, but not more than by 20 percent.

Article 34. Amount of pension in case of incomplete total work experience

The disability pension of groups I and II for incomplete total work experience is determined on the basis of the full disability pension in the manner established by Article 19 of the Law. Its size cannot be lower than the social pension (clause “b” of Article 114 of the Law).

Article 35. Conditions determining the right to a pension on the grounds provided for military personnel (Law)

A disability pension due to a military injury (Law) or illness received during military service (Law) is assigned regardless of the length of total length of service, including military service.

On an equal basis with military personnel who have become disabled as a result of a military injury, the pension is established:

citizens from among workers and employees of the relevant categories whose disability occurred due to injury, concussion, injury or illness received in the area of military operations, in front-line areas railways, on the construction of defensive lines, naval bases and airfields, and equal in pension benefits to military personnel in accordance with special decisions of the USSR Government;

citizens who have become disabled due to wounds, contusions, injuries or illnesses received during their stay in destruction battalions, platoons and people's defense units;

citizens called up for training and verification training and who have become disabled due to injury, concussion or injury received in the performance of official duties during the period of these training.

Article 36. Amount of disability pension due to military injury

A disability pension of groups I and II due to a military injury (Law) is assigned in the maximum amount established by part one of Article 18 of the Law, and a disability pension of group III due to the same reason is assigned in the amount of half the specified amount.

Article 37. Pension for migrants from other countries

Soviet citizens - immigrants from other countries who did not work in the Russian Federation or the USSR, are granted a pension:

a) for disability due to a work injury, occupational disease, military injury received during the Great Patriotic War in the fight against the armies of states that were at war with the USSR - regardless of the length of total work experience;

b) for disability due to a general illness - if there is a total length of service required by age at the time of termination of work (Law).

Article 38. Pension supplements

The allowances provided for in paragraphs “a”, “b” and “c” of part one of Article 21 of the Law are established for disability pensions of groups I and II.

A supplement provided for by the Law is established for the disability pension of group III.

Article 39. Disability due to work injury

The disability of a worker who performed the work specified in part one of Article 89 of the Law is considered to have occurred as a result of a work injury if the accident that caused damage to health occurred:

a) when performing work duties (including during business trips), as well as when performing any actions in the interests of the organization, even without instructions from the administration (collective farm board, etc.);

b) on the way to or from work;

c) on the territory of the organization or in another place of work during working hours (including established breaks), during the time necessary to put production tools, clothing, etc. in order. before starting or after finishing work;

d) near the organization or other place of work during working hours, including established breaks, if being there does not contradict the internal labor regulations.

In addition, a citizen’s disability is considered to have occurred as a result of a work injury if the accident that caused damage to health also occurred:

e) when undergoing industrial training (practice), or conducting educational experiments (experiments) during study;

e) when performing state duties, as well as assignments of Soviet or public organizations, whose activities do not contradict the Constitution of the Russian Federation;

g) when fulfilling a civic duty to save human life, protect property and law and order.

Article 40. Disability due to occupational disease

Disability is considered to have occurred as a result of an occupational disease if the disease that caused it is recognized as occupational. The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.

Article 41. Disability due to war injury

Disability of citizens who served in military service, including as cabin boys, sons (pupils) of regiments, is considered to have occurred as a result of military trauma if it is the result of a wound, concussion, injury received in the defense of the USSR, the Russian Federation or in the performance of other military service duties (official duties), or illness associated with being at the front.

Article 42. Disability due to a disease acquired during military service

Disability of citizens who served in military service, including as cabin boys, sons (pupils) of regiments, is considered to have occurred as a result of a disease acquired during military service, if it was the result of injury as a result of an accident not related to the performance of military service duties (official duties). duties), or an illness not related to being at the front.

Article 44. Determination of the cause of disability when it intensifies

If the disability increases due to another reason, the cause of disability is determined at the request of the disabled person.

Article 45. The period for which the pension is established

The pension is established for the period for which the disability is determined (Law).

Article 46. Changing the amount of pension when revising the disability group

When the disability group is revised, the pension in the new amount is paid from the day the disability group is changed. If disability is not established, then the pension is paid until the end of the month in which the re-examination was carried out, but no longer than until the day on which disability was established.

Article 47. Suspension and resumption of pension payments when the re-examination deadline is missed

If a citizen does not appear at the appointed time for re-examination at the VTEK, then the payment of the pension is suspended. It resumes from the day when the citizen is again recognized as disabled. If the deadline for re-examination is missed for a good reason and the VTEK establishes disability for the past time, the pension is paid from the day on which the citizen is recognized as disabled. If, during re-examination, a different disability group (higher or lower) is established, then the pension is paid for the specified time according to old group.

Article 48. Restoration of a previously assigned pension and its reappointment

A previously assigned disability pension due to a general illness is restored if no more than five years have passed from the date of termination of its payment due to the expiration of the period for which the disability was established. The restoration of a previously assigned disability pension due to other reasons is not limited by time.

If disability occurs again after a break, a disability pension can be assigned (at the request of the disabled person) on a general basis.

Article 49. Payment of pensions to working pensioners

Working pensioners are paid the full pension (without allowance for dependents).

IV. Survivor's pensions

Article 50. Circle of family members entitled to a pension

Disabled family members of the deceased who were dependent on him have the right to a pension (Law). Parents and widows (widowers) of citizens who died as a result of a military injury, one of the parents or spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who served in conscription and died (died) in during the period of military service or those who died as a result of a military injury after dismissal from military service (except for cases where the death of military personnel occurred as a result of their unlawful actions), a pension is assigned regardless of whether they were dependent on the deceased (dead).

Disabled family members are considered:

a) children, brothers, sisters and grandchildren under 18 years of age, or older than this age if they became disabled before reaching 18 years of age, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;

b) father, mother, spouse (wife, husband), if they have reached 60 or 55 years of age (men and women, respectively), or are disabled;

c) one of the parents or spouse, or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for children, brothers, sisters or grandchildren of the deceased breadwinner under 14 years of age and does not work;

d) grandfather and grandmother - in the absence of persons who are legally obliged to support them;

e) parents of deceased (deceased) military personnel who served in conscription, if they have reached 55 and 50 years of age (men and women, respectively) (Law).

The parents and spouse of the deceased, who were not dependent on him, have the right to a pension if they subsequently lost their source of livelihood.

Article 51. The right to a pension of students aged 18 years and older

Students, pupils aged 18 years and older, but not more than until they reach the age of 23 years, have the right to a pension in the event of the loss of a breadwinner until completion of full-time studies in educational institutions of all types and types, regardless of their organizational and legal forms, with the exception of educational institutions additional education.

Article 52. The right to a pension of a stepfather, stepmother, stepson and stepdaughter

The stepfather and stepmother have the right to a pension on the same basis as the father and mother, provided that they raised or supported the deceased stepson or stepdaughter for at least five years.

A stepson and stepdaughter have the right to a pension on the same basis as their own children.

Article 53. Dependency

Family members of the deceased are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Family members of the deceased, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a survivor's pension.

Dependency of children of deceased parents is assumed and does not require proof.

Article 54. Families of missing citizens

The families of missing citizens are equated to the families of the deceased if the unknown absence of the breadwinner is certified in the prescribed manner. At the same time, the families of military personnel who went missing during hostilities are equated to the families of those killed as a result of war trauma (Law).

Article 55. Retention of the right to a pension upon adoption

Minors entitled to a pension (Law) retain this right upon their adoption.

Article 56. Maintaining a pension upon entering into a new marriage

The pension assigned in the event of the loss of a breadwinner - a spouse - is retained upon entering into a new marriage.

Article 57. General grounds for pension provision

A pension is assigned on a general basis if the death of the breadwinner occurred as a result of a work injury, professional or general illness.

Article 58. Pension on the basis established for families of military personnel

A pension on the basis established for families of military personnel (including families of partisans of the Great Patriotic War and Civil Wars) is awarded if the death of the breadwinner occurred as a result of a military injury or illness received during military service.

On an equal basis with the families of military personnel, pensions are assigned to the families of commanding and rank-and-file personnel of internal affairs bodies. In this case, the death of a breadwinner that occurs as a result of a wound, concussion, or injury received while performing official duties in internal affairs bodies is equated to the death of a breadwinner as a result of a military injury, and the death of a breadwinner that occurs as a result of other reasons that occurred during the period of service in these bodies is - to the death of the breadwinner due to a disease acquired during military service.

Article 58-1. Pension on the basis established for the parents of deceased (deceased) military personnel who served in conscription

A pension on the grounds established for the parents of deceased (deceased) military personnel who served in conscription is assigned if the death occurred during military service or after dismissal from military service due to a military injury (except for cases where the death of military personnel occurred as a result of their illegal actions).

Article 59. Time of death of the breadwinner

A pension on the grounds specified in Article 57 of the Law is established regardless of when the death of the breadwinner occurred, and on the grounds specified in Article 58 of the Law, if the death of the breadwinner occurred during military service or no later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during military service.

Article 60. Conditions determining the right to a pension on a general basis (Law)

A pension for the loss of a breadwinner due to a work injury or occupational disease is assigned regardless of the length of the breadwinner’s work experience.

A pension for the loss of a breadwinner due to a general illness is established if the breadwinner on the day of death had the total length of service that would be necessary for him to receive a disability pension (Law).

Article 61. Pension in case of incomplete total work experience of the breadwinner

Families of citizens who have died as a result of a general illness and do not have a full length of service sufficient to qualify for a pension (Law) are awarded a pension if the breadwinner's total length of service is incomplete.

Article 62. Amount of pension in case of loss of a breadwinner (except for pension in case of loss of a breadwinner due to military injury and pension in case of loss of a breadwinner for parents of deceased (deceased) military personnel who served in conscription)

The survivor's pension (except for the survivor's pension due to military injury and the survivor's pension for the parents of deceased (deceased) military personnel who served in conscription) is established in the amount of 30 percent of the breadwinner's earnings for each disabled family member, and for each a child who has lost both parents and a deceased single mother - one and a half times the minimum old-age pension (part one of Article 17 of the Law).

Article 63. Minimum pension amount

The pension, including if the breadwinner’s total work experience is incomplete, cannot be lower than the social pension specified in paragraph “b” of Article 114 of the Law, per each disabled family member.

Article 64. Maximum pension amount

The maximum pension amount is set at the level of the minimum old-age pension (part one of Article 17 of the Law) for each disabled family member, with the exception of pensions for children who have lost both parents and a deceased single mother (Law), as well as pensions for the parents of the deceased (deceased) military personnel who served in conscription (Law).

Article 65. Amount of pension in case of incomplete total work experience

The size of the pension in case of incomplete total work experience of the breadwinner is determined (based on the full pension) in the manner established by Article 19 of the Law.

Article 66. Causes of death of the breadwinner

The death of a breadwinner is considered to have occurred as a result of a work injury, occupational disease, military injury, disease received during military service, or general illness, if it was a consequence of the reasons specified respectively in the Law.

Article 67. Conditions determining the right to a pension on the grounds provided for families of military personnel (Law)

A pension for the loss of a breadwinner due to a military injury or illness received during military service is assigned regardless of the length of the breadwinner’s total work experience, including military service.

On an equal basis with the families of military personnel who died as a result of a military injury, a pension is established for the families of citizens listed in Article 35 of the Law who died as a result of such an injury.

Article 68. Amount of pension upon the death of the breadwinner due to military injury

A pension for the loss of a breadwinner due to a military injury is awarded in the maximum amount established by Article 64 of the Law.

Article 68-1. The amount of pension in case of loss of a breadwinner to the parents of deceased (deceased) military personnel who served in conscription

A survivor's pension for the parents of deceased (deceased) military personnel who served in conscription (Law) is established for each parent in the amount of three minimum old-age pensions (part one of Article 17 of the Law).

Article 69. Pension to the families of deceased pensioners

For the families of deceased pensioners, a pension is assigned on a general basis, regardless of the length of the breadwinner’s total work experience.

The families of deceased pensioners who have become disabled as a result of a military injury are assigned a pension according to the rules established by the Law, regardless of the cause of death of the pensioner.

Families of deceased pensioners include those families whose breadwinner died while receiving a pension or no later than five years after the termination of pension payment.

Article 70. Pension supplements

The following allowances are established for the pension: for caring for a pensioner - on the terms and in the amounts provided for in Article 21 of the Law; disabled children and people with disabilities from childhood of groups I and II who have lost both parents, as well as the specified children of a deceased single mother - in the amount of the social pension provided for in paragraph "a" of Article 114 of the Law.

Article 71. The period for which the pension is established

The pension is established for the entire period during which a family member of the deceased is considered disabled (Law).

Article 72. The period from which the size of the pension changes and its payment stops

If the number of family members covered by the pension changes, the pension is revised according to the number of family members entitled to receive it.

The pension in the new amount is paid from the first day of the month following the one in which the circumstances leading to a change in the amount of the pension occurred. If circumstances arise that lead to termination of pension payment, pension payment is terminated from the same date.

Article 73. The procedure for paying pensions for the period when children are in full state support

Children who have lost both parents and a single mother who has died during the period of their full state support are paid 50 percent of the pension, and other children - 25 percent.

The social pension established for children who have lost their parents is paid in the same manner.

For the period that children are in children's institutions on full state support, the difference between the assigned pension and the one due for payment to children should be transferred to the accounts of these institutions.

Article 74. Allocation of pension share

At the request of any family member, his share of the pension is allocated and paid separately. In this case, the share of the pension for children who have lost both parents and a deceased single mother is determined in the amount established by Article 62 of the Law.

The share of the pension is allocated from the first day of the month following the one in which the application for the division of the pension was received.

Article 76. Payment of pensions to working pensioners

Working pensioners are paid the full pension.

V. Pensions for long service

Article 77. Activities, taking into account which a long-service pension is established in accordance with this Law

A pension for long service is established in connection with long-term underground work, other work with particularly harmful and difficult working conditions, as well as some other professional activities.

Article 78. Conditions determining the right to a pension of citizens employed in underground and open-pit mining

Citizens directly employed full-time in underground and open-pit mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines (according to the list of jobs and professions approved by the Government of the Russian Federation), have the right to a pension regardless of age if they worked in these jobs for at least 25 years, and workers in leading professions in these jobs - longwall miners, miners, jackhammer operators, mining machine operators, if they did not work in such jobs less than 20 years.

Article 78-1. Conditions determining the right to a pension for length of service in connection with work on vessels of the fishing industry fleet, sea and river fleet

Pension in connection with work on ships of the marine fleet of the fishing industry for the extraction, processing of fish and seafood, reception finished products in the field (regardless of the nature of the work performed), as well as in certain types for ships of the sea, river and fishing industry fleets is established for men with at least 25 years of service, for women - 20 years.

Article 78-2. Conditions determining the right to a long service pension in connection with work in professional emergency services, professional emergency rescue units

A pension in connection with work as a rescuer in professional emergency rescue services, professional emergency rescue units (according to the list of positions and specialties approved by the Government of the Russian Federation) can be established regardless of age with at least 15 years of service.

Article 79. Conditions determining the right to a pension in connection with work in civil aviation

Pensions in connection with work in flight and flight test personnel are established: for men with at least 25 years of service, for women - at least 20 years; when leaving flying work for health reasons - for men with at least 20 years of service, for women - at least 15 years.

A pension in connection with work in air traffic control is established: for men - upon reaching 55 years of age and with a total work experience of at least 25 years, of which at least 12 years and 6 months of work in direct control of aircraft flights; for women - upon reaching 50 years of age and with a total work experience of at least 20 years, of which at least 10 years of work in direct control of aircraft flights.

Pensions in connection with work in engineering and technical personnel for aircraft maintenance are established: for men - upon reaching 55 years of age and with a total work experience in civil aviation of at least 25 years, of which at least 20 years in direct maintenance of aircraft; for women - upon reaching 50 years of age and with a total work experience in civil aviation of at least 20 years, of which at least 15 years in direct aircraft maintenance.

Article 80. Conditions determining the right to a pension in connection with teaching activities in schools and other institutions for children

A pension in connection with teaching activities in schools and other institutions for children is established for at least 25 years of service.

Article 81. Conditions determining the right to a pension in connection with medical and other work to protect public health

A pension in connection with medical and other work to protect public health is established for at least 25 years of service in rural areas and urban settlements and at least 30 years in cities.

Article 82. Conditions determining the right to a pension in connection with creative work on stage, in theaters and other theatrical and entertainment organizations and groups

A pension in connection with creative work on stage in theaters and other theatrical and entertainment organizations and groups is established after 15, 20, 25 or 30 years of service, depending on its nature.

Article 83. Lists of works, taking into account which a pension is assigned, and rules for calculating length of service

Lists of relevant jobs (professions and positions), taking into account which a long-service pension is assigned, and in necessary cases and the rules for calculating length of service and assigning pensions are approved by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.

Article 84. Amount of pension

The pension (except for the pension for employees engaged in underground and open-pit mining) is set at 55 to 75 percent of earnings. With length of service equal to the required one, the pension amount is 55 percent of earnings; for each full year of service in excess of the required one, it increases by one percent of earnings. With length of service in flight and flight test personnel for men from 20 to 25 years and for women from 15 to 20 years (part one of Article 79 of the Law), the pension is reduced by 2 percent of earnings for each year (including incomplete) missing up to full service.

The pension for first class test pilots is increased by 10 percent. In all cases, the pension cannot exceed 75 percent of earnings. In this case, the restrictions established by Article 86 of the Law do not apply.

The pension for workers engaged in underground and open-pit mining (Law) is set at 75 percent of earnings.

Article 85. Minimum pension amount

The minimum pension amount is determined at the level of the minimum old-age pension (part one of Article 17 of the Law).

The size of the pension (part one of this article) increases by one percent for each full year of special work experience (length of service) in excess of that required for the assignment of a pension, but not more than by 20 percent.

Article 86. Maximum pension amount

The maximum pension amount is determined at the level of the general maximum old-age pension (part one of Article 18 of the Law), and for civil aviation flight personnel at the level of three and a half minimum old-age pension.

The maximum pension amount (part one of this article) increases by 1 percent for each full year of special work experience (length of service) in excess of that required for granting a pension, but not more than 20 percent.

Article 86-1. Pension supplements

A supplement for the long-service pension is established as provided for in paragraph “c” of part one of Article 21 of the Law.

Article 87. Payment of pensions to working pensioners

Pension (except for pensions for employees engaged in underground and open-pit mining, as well as pensions assigned in connection with teaching activities in schools and other institutions for children, and pensions assigned in connection with medical and other work to protect public health in rural areas and urban-type settlements) is paid subject to leaving the job (service) on the basis of which it was established. When performing other work, the pension is paid in the manner prescribed by part one of Article 22 of the Law.

A pension assigned to workers engaged in underground and open-pit mining, as well as a pension assigned in connection with teaching activities in schools and other institutions for children, and a pension assigned in connection with medical and other work to protect public health in rural areas and urban-type settlements (Article 78 of the Law) are paid in the manner prescribed by part one of Article 22 of the Law, regardless of the nature of the work.

VI. Work experience and its calculation

Article 88. Types of length of service, taking into account which pension provision is provided

Taking into account the total length of service, that is, the total duration of labor and other socially useful activities specified in this section of the Law, an old-age pension is established, and in appropriate cases, a disability pension and a survivor's pension.

Taking into account special work experience, that is, the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions (Law), work in the Far North (Law), as well as a long-service pension (Section V of the Law) .

Article 89. Work included in the total length of service.

The total length of service includes any work as a worker or employee (including hired work before the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in paramilitary security, in special communications agencies or in a mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.

The period of creative activity of members of creative unions of the USSR and union republics - writers, artists, composers, cinematographers, theater workers and others, as well as writers and artists who are not members of the corresponding creative unions, is equal to the work indicated above. The length of creative activity is calculated in the manner determined by the Government of the Russian Federation.

Article 90. Military service and other equivalent service included in the total length of service

Service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces former USSR, in internal affairs bodies, foreign intelligence bodies, counterintelligence bodies of the Russian Federation, ministries and departments of the Russian Federation, in which military service is provided for by law, former bodies state security Russian Federation, as well as state security and internal affairs bodies of the former USSR (including during the period when these bodies were called differently), stay in partisan detachments during the civil and Great Patriotic Wars are included in the total length of service along with the work listed in Article 89 of the Law.

Article 91. Study included in the total length of service

Preparing for professional activity- training in colleges, schools and courses for personnel training, advanced training and retraining, in secondary specialized and higher education educational institutions, stay in graduate school, doctoral studies, clinical residency is included in the total length of service along with the work listed in Article 89 of the Law.

Article 92. Other periods included in the total length of service

The following periods are included in the total length of service along with the work specified in Article 89 of the Law:

a) temporary disability that began during the period of work, and disability of groups I and II due to injury associated with production or an occupational disease;

b) care for a disabled person of group I, a disabled child, an elderly person, if he needs outside care based on the conclusion of a medical institution;

c) care of a non-working mother for each child up to three years of age and 70 days before his birth, but not more than 9 years in total;

d) residence of wives (husbands) of military personnel performing military service under a contract, together with their husbands (wives) in areas where they could not work in their specialty due to lack of employment opportunities;

e) residence abroad of wives (husbands) of employees of Soviet institutions and international organizations, but not more than 10 years in total;

f) stay in places of detention beyond the period prescribed during the review of the case;

g) payment of unemployment benefits, participation in paid public works and moving in the direction of the employment service to another area and employment.

Article 92-1. Other periods included in special work experience

When establishing an old-age pension in connection with special working conditions in accordance with Article 12 of the Law, the period of disability of groups I and II due to an injury associated with production or an occupational disease is equal to the work at which the specified injury or disease was received.

Article 93. Calculation of periods counted towards seniority

Periods counted as length of service are calculated according to their actual duration, with the exception of the cases listed in Article 94 of the Law and special rules for calculating length of service (Law).

Article 94. Preferential calculation of periods counted towards length of service

When calculating the length of service specified in the Law, the following periods of work (service) are calculated on a preferential basis:

a full navigation period on water transport, a full season in organizations of seasonal industries - for a year of work. The list of relevant seasonal work is approved in the manner determined by the Government of the Russian Federation.

in leper colonies and anti-plague institutions - double the amount;

V military units, headquarters and institutions that are part of the active army, in partisan detachments and formations during hostilities, as well as the time spent in treatment in medical institutions due to military trauma (Law) - triple the amount;

in Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - triple the amount;

during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy - at double the rate;

in regions of the Far North and areas equated to regions of the Far North - one and a half times;

military service upon conscription - double.

Citizens who are unreasonably attracted to criminal liability, unreasonably repressed and subsequently rehabilitated, the time of detention, stay in places of detention and exile is counted in the total length of service in triple the amount.

Article 95. Inclusion in the total length of service of the time spent in the occupied territory and in the city of Leningrad during its siege.

For citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached 16 years of age on the day of occupation or during its period, the entire period of their stay at the age of 16 years and older in the occupied territory of the USSR or other states is counted in their total work experience, as well as on the territories of states that were at war with the USSR, except when they are in specified period committed a crime.

For citizens who lived in Leningrad during the period of its siege (from September 8, 1941 to January 27, 1944), as well as for citizens who were prisoners of fascist concentration camps, the time spent respectively living in the besieged city of Leningrad and being in concentration camps during the Great Patriotic War is counted double the total length of service, except in cases where they committed a crime during the specified period,

Article 96. Proof of work experience

Work experience acquired before registration as an insured person in accordance with the Federal Law "On individual (personalized) registration in the state system pension insurance", is established on the basis of documents issued in the prescribed manner by the relevant state and municipal bodies and organizations.

The length of service acquired after registration as an insured person is established on the basis of information from individual (personalized) records.

Article 97. Proof of work experience by testimony

Work experience (except for work for individual citizens), specified in part one of Article 89 of the Law, can be established on the basis of the testimony of two or more witnesses if documents on work activity are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.). etc.) and it is impossible to restore them. In some cases, it is possible to establish work experience based on witness testimony in the event of loss of documents for other reasons (for example, due to careless storage, intentional destruction, etc.).

Article 98. Conditions for inclusion foreign citizens in work experience abroad

In the event that foreign citizens or stateless persons and their families require a certain total length of service to receive a pension, work abroad is included in such length of service if at least two-thirds of it is spent working in the USSR, unless otherwise provided by the contract.

VII. Calculation of pensions from earnings

Article 99. Calculation of pension from earnings and its establishment in fixed amounts

Pension in connection with labor and other socially useful activities (Law) is calculated according to established standards from average monthly earnings, except in cases where it is assigned in the appropriate maximum amount to citizens who have become disabled due to a military injury, to the families of citizens who died as a result of such injury (Article 36, Law), as well as children who have lost both parents, and children of a deceased single mother (Zakona).

For citizens whose pension cannot be calculated from earnings, it is established in fixed amounts equal to the minimum amounts of the corresponding pensions.

Article 100. Composition of earnings from which the pension is calculated

Earnings for calculating pensions include all types of payments (income) received in connection with the performance of work (official duties) provided for in Article 89 of the Law, for which insurance premiums V Pension Fund Russian Federation.

b) temporary disability benefits;

c) a scholarship paid for the period of study (Law).

Article 101. Assessment of the natural part of earnings

The natural part is assessed according to state retail prices the period in which wages were paid.

Article 102. Periods for which average monthly earnings are determined when assigning a pension

The average monthly earnings when granting a pension are determined (at the request of the person applying for the pension): for 24 last month work (service, except for compulsory military service) before applying for a pension or for any 60 consecutive months of work (service) throughout the entire working life before applying for a pension.

From the number of months for which the average monthly earnings are calculated are excluded (at the request of the person applying for a pension) incomplete months work in connection with its start or termination not from the first day of the month and months (including partial) of leave provided in connection with caring for a child under three years of age, as well as the time of work during which the citizen was disabled or received compensation damage caused by injury or other damage to health, cared for a disabled person of group I, a disabled child or an elderly person in need of outside care according to the conclusion of a medical institution. In this case, the excluded months are replaced by others immediately preceding or immediately following the selected period.

The average monthly earnings, determined by parts one and two of this article, for periods prior to registration as an insured person in accordance with the Federal Law "On individual (personalized) accounting in the state pension insurance system" is established on the basis of documents issued in the prescribed manner by the relevant state and municipal authorities bodies, organizations.

Average monthly earnings for periods after registration as an insured person are established on the basis of individual (personalized) accounting information.

Article 103. Procedure for calculating average monthly earnings

Average monthly earnings for the periods specified in Article 102 of the Law are calculated by dividing total amount earnings for 24 months of work (service) and 60 months of work (service) by 24 and 60, respectively.

If the work lasted less than 24 months, average monthly earnings are calculated by dividing the total amount of earnings for the months actually worked by the number of those months.

In cases where the period of work was less than one full calendar month, the pension is calculated based on the conditional monthly earnings. It is determined as follows: earnings for all time worked are divided by the number of days worked and the resulting amount is multiplied by the number of working days in a month, calculated on average for the year (21.2 - for a five-day working week; 25.4 - for a six-day working week) . In this case, the earnings from which the pension is calculated cannot exceed the sum of two tariff rates (salaries) of the given employee.

The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.

Article 104. Calculation of earnings of certain categories of workers

The earnings of persons working for individual citizens to serve them, accepted for calculating pensions, are limited to the amount of earnings of workers and employees of the corresponding profession and qualifications employed in government organizations and in public service organizations.

For members of creative unions of the USSR and union republics, and other creative workers (part two of Article 89 of the Law), pensions are calculated on the general basis established by this section of the Law. At the same time, their average monthly earnings are determined for the last two calendar years before applying for a pension or for any five consecutive calendar years throughout their entire working life before applying for a pension.

Article 105. Calculation of pensions for citizens displaced from other countries

Pensions for Soviet citizens - immigrants from other countries who did not work in the USSR, are calculated from the average monthly earnings of workers and employees of the corresponding profession and qualifications in the USSR at the time the pension was assigned.

Article 105-1. Calculation of pensions for citizens who worked abroad

The average monthly earnings of citizens who worked abroad are calculated on a general basis, with the exception of payment for work abroad. At the same time, for citizens sent to work in institutions and organizations of the former USSR and the Russian Federation abroad or in international organizations, their average monthly earnings, at their request, can be calculated in the manner provided for in Article 105

The pension is recalculated at the request of the pensioner from the earnings from which it was assigned (recalculated) earlier, or from earnings as in the case of a new pension assignment.

Article 107. Recalculation of pension due to increase in earnings

Each subsequent recalculation is made no earlier than 24 months after the previous recalculation.

Article 108. Calculation of pension in the event of the loss of a breadwinner-pensioner

For the families of deceased pensioners, the pension is calculated (at the request of the person applying for the pension) from the earnings from which it was calculated for the breadwinner, or from the earnings determined in accordance with this section of the Law.

Article 109. Calculation of pensions upon transition from one pension to another

When transferring from one pension to another, earnings are determined on the general basis established by this section of the Law. The pension on the new basis can also be calculated (at the request of the pensioner) from the earnings from which the previously paid pension was determined.

Article 110. Increase in pension

The pension amount calculated in accordance with this Law increases:

a) Heroes of the Soviet Union, Heroes of the Russian Federation and citizens awarded the Order of Glory of three degrees - 100 percent of the pension amount, but not less than 200 percent of the minimum old-age pension (part one of Article 17 of the Law), Heroes of Socialist Labor - 50 percent of the pension amount, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

b) champions of the Olympic Games - by 50 percent, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees - by 15 percent;

Part one of article 17

Law);

g) citizens (except for those specified in paragraph "e" of this article) who worked for at least six months during the Great Patriotic War (from June 22, 1941 to May 9, 1945), excluding the time of work in areas temporarily occupied by the enemy, or awarded orders and medals of the USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War - 50 percent of the minimum old-age pension (part one of Article 17 of the Law);

h) citizens awarded the badge “Resident of besieged Leningrad” (with the exception of citizens specified in paragraphs “f”, “g” of this article) - 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

i) citizens who were unreasonably repressed for political reasons and subsequently rehabilitated - 50 percent of the minimum old-age pension (part one of Article 17 of the Law).

j) disabled persons from childhood due to injury, concussion or injury associated with hostilities during the Great Patriotic War or their consequences, receiving an old-age pension, disability pension or loss of breadwinner - 100 percent of the minimum old-age pension (part first article 17 of the Law).

Article 111. Rules for calculating pension supplements.

Supplements to the pension, including the minimum and maximum, are accrued after its increase in accordance with Article 110 of the Law.

A pension with bonuses is not limited to a maximum amount.

If there are two or more non-working pensioners in a family, each disabled family member who is their common dependent is taken into account for calculating an allowance for only one of the pensioners, at their choice.

Article 112. Increasing the minimum and maximum amounts of labor pensions and social pensions for citizens living in areas where regional coefficients are established for wages

The minimum amounts of labor pensions and social pensions are determined for citizens living in areas where regional coefficients for the wages of workers and employees are established, using the corresponding coefficient for the entire period of their residence in these areas. In this case, if different coefficients are established, the coefficient valid in the given area for workers and employees of non-production industries is applied.

In the same order they are determined for the specified citizens maximum dimensions labor pensions.

Citizens to whom a pension was assigned in accordance with Article 14 of the Law in the regions of the Far North and localities equated to the regions of the Far North, when leaving these regions and localities for a new permanent place of residence, retain the amount of the pension determined when it was established taking into account the corresponding regional coefficient . Wherein size limit The regional coefficient, taking into account which, when these citizens leave the regions of the Far North and equivalent areas, the maximum amount of the specified pension is determined, is 1.5.

VIII. Social pensions

Article 113. Conditions determining the right to a social pension

The social pension is established for: disabled people of groups I and II, including disabled people since childhood, as well as disabled people of group III; disabled children; children under 18 years of age who have lost one or both parents; citizens who have reached 65 and 60 years of age (men and women, respectively).

Medical indications for which a child under the age of 18 is recognized as disabled are approved in the manner determined by the Government of the Russian Federation.

Article 114. Amounts of social pensions

The social pension is set in the following amounts:

a) disabled people of groups I and II since childhood, disabled people of group I, disabled children, as well as children who have lost both parents and a deceased single mother - in the amount of the minimum old-age pension (part one of Article 17 of the Law.

The day of applying for a pension is considered to be the day the application is submitted with all necessary documents. When sending an application and documents by mail, the day of application is considered the date of their dispatch.

In cases where not all documents necessary for granting a pension are attached to the application, the person applying for the pension is given an explanation of what additional documents he must submit. If they are submitted no later than three months from the date of receipt of the relevant clarification, the day of application is considered the day of filing the application.

The application for a pension is considered by the authority social protection population no later than 10 days after its receipt with all necessary documents or admission additional documents.

Article 119. Assignment of a pension before the day of application for it

The corresponding pension is assigned earlier than the day of application for it (Article 118 of the Law) in the following cases:

old-age pension and long-service pension - from the date of termination of work (service), if the application for it followed no later than a month from the date of leaving work;

disability pension - from the date of establishment of disability, if the application for it followed no later than 12 months from this date;

survivor's pension - from the date of death of the breadwinner, if the application for it followed no later than 12 months from the date of his death; when applying for a pension later, it is assigned one year earlier than the day on which the application followed.

In all cases, the pension is assigned no earlier than from the date the right to it arises.

Article 120. General rules pension payments

The pension is paid for the current month. Delivery and forwarding of pensions is carried out at the expense of the state.

Article 121. The period from which the size and type of pension changes.

The amount of the assigned pension changes: when the right to increase it arises - from the first day of the month following the one in which the pensioner applied for an increase in pension with all the necessary documents; upon the occurrence of circumstances entailing a reduction in the pension - from the first day of the month following the one in which the relevant circumstances occurred.

Transfer from one pension to another is made from the first day of the month following the one in which the corresponding application with all the necessary documents was submitted.

Article 122. Payment of pensions during the pensioner’s stay in state or municipal inpatient social service institutions

Pensioners, regardless of the basis for appointment and type of pension, living in state or municipal inpatient social service institutions are paid 25 percent of the assigned pension. During the period of temporary absence of a pensioner from these institutions, he is paid 75 percent of the assigned pension. In this case, the period of temporary absence of a pensioner is considered to be a calendar period from one to three months.

If a pensioner living in state or municipal stationary social service institutions (excluding periods of temporary absence of the pensioner in these institutions) has disabled family members who are dependent on him, then the pension is paid in the following order: for one family member - a quarter of the pension, for two family members - a third of the pension, for three or more family members - half the pension, for the pensioner himself - 25 percent of the pension.

The difference between the amount assigned and paid in accordance with parts one and two of this article of the pension is sent to the state or municipal stationary social service institutions where this pensioner lives. These funds are credited to the accounts of these institutions in excess of budgetary allocations and are used to strengthen their material and technical base and improve the living conditions of the elderly and disabled in them in the manner determined by the Government of the Russian Federation.

Article 123. Payment of pensions not received by a pensioner on time

Amounts of assigned pensions not received by the pensioner on time are paid for the entire past period, but no more than three years before applying for their receipt.

Pension amounts not received on time due to the fault of the authorities assigning or paying pensions are paid for the past without any time limit.

Article 124. Suspension of pension payment during imprisonment.

During the period of deprivation of liberty of a pensioner by a court verdict, the payment of the assigned pension is suspended.

Article 125. Payment of lost pension amounts due to the death of a pensioner

The pension amounts due to the pensioner and not received due to his death are paid to his heirs on a general basis.

To family members of the deceased who perform the funeral, these amounts are paid before accepting the inheritance.

X. Responsibility of the organization and citizens. Resolution of disputes on pension issues

Article 126. Responsibility for the accuracy of information contained in documents issued for the assignment and payment of pensions

The organization (citizen) is responsible for the accuracy of the information contained in the documents issued for the assignment and payment of a pension.

In cases where the information contained in the documents is incorrect and a pension was paid on their basis, the organization compensates the relevant social security body for the damage caused.

Article 127. Responsibilities of the organization and the pensioner. Their responsibility

The organization is obliged to inform the body paying the pension within five days about the hiring of a pensioner.

The pensioner is obliged to notify the body paying his pension of the occurrence of circumstances leading to a change in the amount of the pension or termination of its payment.

In case of failure to fulfill these obligations and payments in connection therewith excess amounts The pension organization and the pensioner compensate the relevant social protection body for the damage caused.

Article 128. Collection of pension amounts overpaid as a result of abuse by a pensioner

Amounts of pensions overpaid to a pensioner as a result of his abuse (submission of documents with deliberately incorrect information, concealment of changes in the composition of the family to which the survivor's pension is paid, etc.) may be withheld from the pension by decision of the body paying the pension. The amount of deductions on this basis should not exceed 20 percent of the pension due to the pensioner for payment, in addition to deductions on other grounds. In all cases of foreclosure of a pension in accordance with the law, the pensioner retains at least 50 percent of the pension due.

In case of termination of pension payment, the remaining debt is collected in court.

Article 129. Disputes regarding pension issues

Disputes regarding the assignment and payment of pensions, deductions from pensions, and recovery of overpaid pension amounts are resolved higher authority social protection of the population. If a citizen (organization) does not agree with the decision made by this body, the dispute is resolved in the manner established by the legislation on civil proceedings.

XI. The procedure for enacting the Law "On State Pensions in the Russian Federation"

Article 130. Time limit for entry into force of the Law

This Law is put into effect: in terms of pensions for disabled war veterans and other war participants (including civilians), families of fallen military personnel, citizens unreasonably repressed for political reasons and subsequently rehabilitated, minimum labor pensions, pensions for children orphans, participants in the liquidation of the consequences of the accident at Chernobyl nuclear power plant, social pensions, as well as in terms of norms not relating to the amount of pensions and the procedure for calculating pensions and earnings (Section VII of the Law) - from March 1, 1991; in the rest - from January 1, 1992, while until May 1, 1992, pensions are paid in an amount not exceeding the minimum old-age pension provided for in part one of Article 17 of the Law, not counting supplements to them.

Article 131. Recalculation of pensions according to pension file documents.

Citizens who, under the terms and conditions of this Law, have the right to a higher pension, the pension is assigned (recalculated) in accordance with the Law.

Recalculation of the pension is carried out according to the documents available in the pension file, based on the earnings from which the pension was calculated. The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.

If at the time of recalculation additional documents are submitted, in particular about earnings, that meet the requirements of the Law, then the recalculation of the pension is made taking into account such documents.

Article 132. Recalculation of pensions based on documents submitted after the Law came into force

When additional documents are submitted after the entry into force of this Law (on length of service, earnings, etc.), giving the right to a further increase in the previously assigned pension, the pension is recalculated again. In this case, the pension is recalculated from the date of entry into force of the Law, but no more than 12 months in advance (the month of submission of documents is excluded).

If the specified documents are submitted after July 1, 1993, the pension is recalculated on the general basis established by Article 121 of the Law.

Article 133. Maintaining the previously established pension amount

For citizens to whom a pension was assigned before the entry into force of this Law, who do not have the right to a higher pension under the terms and norms of the Law, it is retained in the previously established amount, but not lower than the minimum old-age pension established by this Law.

The pension established after the entry into force of this Law according to the conditions and norms of the previously effective legislation is paid in the same manner.

Article 133-1. Inclusion in the special work experience, taking into account which the old-age pension is established, the time of work that previously gave the right to a pension for preferential terms

The time of underground work performed before January 1, 1992, work with hazardous working conditions and in hot shops, as well as other work with difficult working conditions, giving the right to receive a pension on preferential terms before January 1, 1992, is counted in special work experience , taking into account which an old-age pension is assigned on a par with the work specified respectively in paragraphs “a” and “b” of Article 12 of this Law.

Article 134. Recalculation of previously assigned personal pensions

Since November 21, 1990, further assignment of personal pensions has been suspended on the territory of the Russian Federation.

Personal pensions assigned on the territory of the Russian Federation before November 21, 1990 are canceled from January 1, 1992. For citizens for whom such pensions were established before their cancellation, from January 1, 1992, pensions are established in accordance with current legislation on a basis common to all other citizens.

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Last week, with the help of our St. Petersburg expert, we talked about the new Federal Law No. 340-FZ of August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation.” The emphasis was placed on the fact that this latest regulatory act of the authorities will add “headaches” to both the SRO and the National Associations. Then we . Both publications aroused great interest in the professional community, and most importantly, many questions that continue to be received by the editors. A group of our volunteer experts from two capitals agreed to answer questions from site readers on the application of the new law. And today we begin publishing the answers of our experts.

QUESTION. In what period must SROs bring their documents into compliance with the norms of Federal Law No. 340-FZ?

ANSWER. Federal Law No. 340-FZ of August 3, 2018 is not defined transition period. This document came into force on the date of publication - August 4, 2018.

Considering that the norms of the Federal Law actually provide for amendments to the constituent and internal documents of the SRO, as well as amendments to the by-laws of the Russian Federation, it seems several possible options SRO actions:

A) making changes in one stage:

carrying out general meeting members of the SRO and the meeting of its permanent collegial body after the entry into force of all by-laws and the preparation of draft SRO documents taking into account their requirements;

b) making changes in two stages:

preparing and amending SRO documents taking into account the requirements of Federal Law No. 340-FZ;
preparation and modification of SRO documents taking into account the requirements of by-laws.

QUESTION. From what period does the SRO have the right to accept as members persons who carry out only the demolition of objects under contract agreements? capital construction?

ANSWER. In accordance with Part 1 of Article 55.6 of the Town Planning Code of the Russian Federation, members of a self-regulatory organization can be accepted entity(including a foreign legal entity) and individual entrepreneur provided that such legal entities and individual entrepreneurs comply with the requirements established by the self-regulatory organization for its members, and such persons pay full contributions to the compensation fund (compensation funds) of the self-regulatory organization, unless otherwise established by this article.

Federal Law No. 340-FZ instructs SROs to establish requirements for their members who carry out only the demolition of capital construction projects under contract agreements, as well as the amount of contribution to the compensation fund for securing contractual obligations in the form of a simple level of responsibility.

Based on the foregoing, the SRO has the right to accept as members legal entities or individual entrepreneurs who carry out only the demolition of capital construction projects under contract agreements, after the adoption and entry into force of the relevant internal documents of the SRO, which impose requirements on persons who carry out only the demolition of objects under contract agreements capital construction.

QUESTION. Is there a separate right to the demolition of capital construction projects that an SRO can provide to its members?

ANSWER. Almost the entire text of Article 55.8 of the Town Planning Code of the Russian Federation has been amended by Federal Law No. 340-FZ, starting with changing the name of the article itself. Now Article 55.8 is named as follows: “The right of a member of a self-regulatory organization to carry out engineering surveys, prepare design documentation, construction, reconstruction, major renovation, demolition capital construction projects."

Changes have also been made to Part 1 of Article 55.8 of the Town Planning Code of the Russian Federation:

"1. An individual entrepreneur or legal entity has the right to carry out engineering surveys, prepare design documentation, construction, reconstruction, major repairs , demolition capital construction projects under a contract for execution engineering surveys, preparation of project documentation, according to the contract construction contract, under a contract for demolition, concluded with the developer, technical customer, person responsible for the operation of the building, structure, or regional operator, provided that such an individual entrepreneur or such legal entity is a member of a respectively self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction , major repairs, demolition capital construction projects, unless otherwise established by this Code.”

At the same time, part 12 of article 55.16 of the Town Planning Code of the Russian Federation is supplemented with a new paragraph, which introduces a separate contribution to the compensation fund for damages:

“6) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out only the demolition of a capital construction project, not related to the construction or reconstruction of a capital construction project (simple level of responsibility of a member of a self-regulatory organization).”

Also in paragraph 1 the following words are added: “1) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out construction, reconstruction (including the demolition of a capital construction project, its parts during construction, reconstruction), major repairs of a capital construction project (hereinafter for the purposes of this part - construction), the cost of which under one contract does not exceed sixty million rubles (the first level of responsibility of a member of a self-regulatory organization).”

As can be seen from the amended paragraph 1, the demolition of a capital construction project is an integral part of the right to construct and reconstruct capital construction projects, if the person also carries out construction and/or reconstruction of capital construction projects.

Based on the above standards, for persons carrying out only the demolition of capital construction projects, the right under a contract for demolition concluded with a developer, technical customer, person responsible for the operation of a building, structure, or regional operator is an independent (separate) right that the SRO provides to your member.

FROM THE EDITOR. We will continue to publish responses from our volunteer experts in the near future. And from all readers we expect new questions regarding Federal Law No. 340-FZ.

Your ZaNoStroy.RF

What was signed about real estate on 08/03/18?

Alexey Mazurov

Four Federal Laws with numbers 339-FZ, 340-FZ, 341-FZ and 342-FZ, which introduced significant changes to all Federal Laws on real estate: Civil, Land, Town Planning Codes, Federal Law “On State Registration of Real Estate” and associated Federal Laws. Changes to many articles of the Federal Law, multi-page, so we will not burden the following with all sorts of numbers and letters of subparagraphs, we will indicate the essence.

1. 339-FZ and 340-FZ

Dedicated to unauthorized buildings.

Just three years ago, Article 222 was almost completely changed Civil Code on unauthorized constructions (Federal Law dated July 13, 2015 No. 258-FZ), and Federal Law dated August 3, 2018 No. 339-FZ and 340-FZ actually summarize the law enforcement practice on unauthorized constructions over the past three years, and also give it a new direction.

At the same time, the state continues to be inconsistent in its changes regarding unauthorized constructions, starting with the preservation of provisions on them in civil legislation.

Article 222 of the Civil Code on unauthorized constructions appeared long before the Town Planning Code, which, in fact, should contain provisions on the construction and demolition of any buildings, incl. unauthorized. Oddly enough, until now they were not there at all; 340-FZ introduced them into it. But 339-FZ again almost completely changed (not repealed) the provisions of civil legislation on unauthorized constructions.

The state, on the one hand, has different legislative changes and by numerous court decisions it denies the very right of unauthorized construction, the acquisition of rights to unauthorized buildings, their use, on the other hand, it retains provisions about them and the conditions for their legalization in the chapter of the Civil Code on the acquisition of property rights, with abundant use of land and urban planning terminology in it . This inconsistency has now led to the blurring of provisions on the same thing - on unauthorized buildings - under different Federal Laws, which will complicate not only their application, but also their search.

Of the specific provisions of 339-FZ and 340-FZ, we note the following:

The “approval” for construction, which was canceled in 2015, was returned to Article 222 of the Civil Code, the absence of which is a self-sufficient sign of unauthorized construction. With whom the agreement is being made - as before, it is not specified. The legislation provides for at least two dozen approvals for different buildings, in different places, at different stages of registration.
A building created in violation of the restrictions on the use of the land plot underneath it was declared not unauthorized, and therefore not subject to demolition, if “the owner of this object did not know and could not know about the effect of the specified restrictions in relation to the land plot owned by him.” Of course, this ignorance is subject to proof and it is unlikely to be confirmed if restrictions on development were provided for by an officially published regulatory act, for example, land use and development rules. Obviously, this innovation refers to restrictions or prohibitions on construction in different zones with special use territories (ZOUIT). Indeed, in practice, there are many disputes whether ZOOIT were established around specific objects, from what date, by the appropriate authority, etc. Now buildings in ZOUIT have a greater chance of not being demolished.
The powers of local governments to demolish unauthorized buildings out of court are limited. Now they do not have the right to demolish unauthorized buildings on land plots of private owners, “except in cases where the preservation of such buildings poses a threat to the life and health of citizens”; residential and garden houses; buildings, the rights to which are registered in Rosreestr. To demolish such unauthorized buildings you need judgment. Bodies of state land supervision, construction supervision, environmental supervision and other state supervision are ordered to report to the local government body at the location of the unauthorized construction about it, and the latter - behavior in connection with such a message, in particular, a ban on making changes to the rules of land use and development to legitimize unauthorized construction, to accept a decision to demolish an unauthorized structure or apply to court for the demolition of an unauthorized structure.
A procedure has been introduced for the seizure of land from unauthorized construction. It is allowed to provide “non-private”, incl. a previously seized land plot with unauthorized construction through an auction, and the responsibility for its demolition is assigned to the acquirer of such land plot.
The case regarding the dispute over the demolition of an unauthorized building “must be considered by the arbitration court of first instance within a period not exceeding one month from the date of receipt of the application in arbitration court, including the period for preparing the case for trial and making a decision on the case.” A similar provision has been introduced into the Code of Civil Procedure. And before them in last years courts in most cases made decisions on the demolition of unauthorized buildings. Now such decisions, given the workload of judges and their lack of time to study the circumstances of the cases, will make such a majority overwhelming.
It is stipulated that the body for registering rights to real estate, if its guilt is established by the court, compensates for losses caused to the owner of the building registered in the Unified State Register of Real Estate and subsequently recognized as unauthorized. This innovation seems especially important, since until now the so-called “legal examination of documents” carried out by the authorities for registering rights to real estate, which supposedly should confirm the legality of the creation of a building, incl. protecting it from demolition, in practice turned out to be of no importance, since the registration of buildings in Rosreestr did not interfere with decisions to demolish them as unauthorized, i.e. illegal, and attempts to recover significant amounts of damages from Rosreestr were unsuccessful in the courts.

Along with the provisions on unauthorized constructions, 340-FZ introduced fundamentally new provisions on individual residential and garden houses (hereinafter referred to as IHD), in particular:

New concept of individual housing construction. Now the height of individual housing construction can be up to twenty meters. It is not indicated that individual housing construction is intended for single-family residence, but it is established that individual housing construction is not intended to be divided into independent real estate objects. The area of individual housing construction in meters is not specified.

Individual housing construction is exempt from a construction permit, and therefore from the registration of the GPZU and the planning organization of the land plot, which was previously required. But at the same time, individual housing construction is made the subject of state construction supervision and it is possible that it will be recognized as unauthorized construction. Instead of permission to build individual housing construction, rules have been introduced for issuing notifications about planned and constructed individual housing construction, but with grounds for refusal.

2. 341-FZ

Introduced fundamentally new rules on public easements for the placement of linear objects on other people's land plots, incl. private owners, without their withdrawal from the current rights holders, if the linear facility is needed for the needs of the local population and will not lead to the impossibility and significant difficulty of the previous permitted use of the land plot, in particular:

The provisions of the chapter of the Land Code introduced by 341-FZ on public easements for linear objects are in many ways similar to the provisions of the chapter of the Land Code on the seizure of land plots for public needs for linear objects, introduced by the Federal Law of December 31, 2014 No. 499-FZ.
Public hearings on public easements have been cancelled.
A public easement on a land plot is considered established from the date of entering information about it into the Unified State Register of Real Estate on the basis of a decision authorized body on its establishment, and not from the date of the subsequent agreement on public easement between the owner of the land plot and the person placing a linear object on it under the terms of the public easement.
A public easement for a linear object on all land plots has become paid, the amount of payment and losses from such an easement to the owner of the land plot is subject to calculation.
A short deadline has been introduced for legal challenge public easement.
The right holder of the land plot has the right to submit a demand for the purchase of a land plot overly encumbered by a public easement to the owner of such an easement, and not to the body that established it.

The possibility of constructing linear facilities on the category of agricultural land without first transferring the agricultural land plot to another category of land, which was canceled in July 2016, has been restored.

Also, 341-FZ established that the provision of a land plot for the placement of only a linear object of state or municipal significance - not on the terms of a public easement, but on other rights - means its classification as industrial and other land special purpose, without making a decision on transfer or classification of such land plot to a certain category of land. The provisions on this are contained in Article 11 341-FZ and apply to all categories of land, except for the category of land of settlements and places where the placement of such linear objects is not allowed.

3. 342-FZ

Dedicated mainly to ZOUIT: security, sanitary, protective and other similar zones. But there are other significant innovations in 342-FZ that concern many.

Until now the provisions on different types ZOUIT were in dozens of regulations with weak generalization. 342-FZ introduced these generalizations.

Main innovations of 342-FZ:

The types of ZOUIT are comprehensively listed, and for the first time they include minimum distances to main gas pipelines.
In relation to all ZOUIT, a requirement has been introduced to consider them established from the date of entering their boundaries into the Unified State Register, but no later than 2022, the rules for entering the boundaries of ZOUIT into the Unified State Register and notifications about the establishment of ZOUIT to the right holders of land plots included in them are specified in detail.
New rules for compensation of losses to property rights holders in ZOUIT in connection with their establishment, incl. in cases of imposition of different types of ZOUIT on a land plot.

Also 342-FZ, outside of connection with ZOUIT:

Expanded the list of grounds for refusing to amend a construction permit.
He ordered that a list of all types of permitted use of land plots established in the rules of land use and development be included in the register of boundaries of the Unified State Register of Real Estate.

Assessing all these federal laws as a whole, we believe that they are more in line with the interests of various organs(officials), not private individuals. Some bills benefiting individuals were rejected.

In particular, there are still broad opportunities to recognize buildings as unauthorized, but the possibilities for constructing some objects on some land plots are not expanded, for example, individual housing construction on agricultural land plots peasant farms, which was allowed until 2003: recently the State Duma rejected another bill on this. Expanding the grounds for refusing to amend a building permit also cannot be recognized in the interests of private developers.

The 2014 government bill on the abolition of land categories with the transition to territorial planning was rejected, although in 2018 territorial planning documents were adopted almost everywhere in the country. Maintaining the division of land into categories significantly delays and increases the cost of many types of activities, incl. for which the state has issued licenses, in particular, subsoil use.

The cancellation of permits for the construction of individual housing construction was outweighed by a “notification”, which in essence is not a notification, but an application for permission to build individual housing construction, since grounds were introduced for the “authorized body” in response to such a notification to refuse the construction of individual housing construction with a report about this to the state construction supervision and state land supervision, those. to Rosreestr so that the registration of ownership of individual housing construction does not take place. They also suffered the recognition of individual housing construction as unauthorized construction in an expedited (one month) judicial procedure.

A public easement for the placement of a linear object as amended by 341-FZ means that network or other organizations that place linear objects (pipelines, cables, overhead lines) can quickly and unexpectedly for the owner of the land plot “come” to almost any land plot, and his the owner will have to give up his plans to use it or bargain/sue with the “networker”. At the same time, until now there have been very few court decisions on the demolition of linear objects as unauthorized buildings.

Behind linear object under the terms of a public easement, its protective zone inevitably follows, i.e. ZOOIT, which will further limit the use of its land plot, and losses from ZOUIT have to be proven.

cancelled/lost force Editorial from 27.11.2001

LAW OF THE RF dated November 20, 1990 N 340-I (as amended on November 27, 2001) “ON STATE PENSIONS IN THE RUSSIAN FEDERATION”

This Law establishes unified system Republican state pensions in the Russian Federation, ensures the stability of the achieved level of pension provision and its increase as the well-being of workers grows. The main criterion for differentiating the conditions and standards of pension provision is labor and its results.

The grounds for pension provision are: reaching the appropriate retirement age, the onset of disability, and for disabled family members of the breadwinner - his death; the basis for pension provision for certain categories of workers is the long-term performance of certain professional activities.

This Law establishes labor and social pensions.

In connection with labor and other socially useful activities counted in the total length of service (Articles 89, 90, 91, 92 of the Law), the following pensions are awarded:

for old age (by age) - Section II of the Law,

on disability - section III Law,

in case of loss of a breadwinner - section IV of the Law,

for length of service - Section V of the Law.

Citizens who, for any reason, do not have the right to a pension in connection with labor and other socially useful activities are provided with a social pension ( section VIII Law). Such a pension may be assigned in appropriate cases instead of a labor pension (at the request of the person applying for it).

Citizens who are simultaneously entitled to various state pensions are assigned and paid one of them, at their choice.

The right to receive two pensions is granted:

a) citizens who became disabled as a result of a military injury (Article 41 of the Law), participants in the Great Patriotic War (subparagraphs “a” - “g” and “i” of subparagraph 1, paragraph 1, Article 2 of the Federal Law “On Veterans”), who became disabled as a result of general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions). They may receive old-age pensions (or long service) and a disability pension;

B) widows of military personnel who died in the war with Finland, the Great Patriotic War, the war with Japan, who did not remarry. They may be entitled to an old-age pension (disability pension, long service pension, social pension) and a survivor's pension - for the deceased husband;

They may be entitled to an old-age pension (disability pension, long service pension, social pension) and a survivor's pension (Article 58.1 of the Law). In this case, a survivor's pension is established for each of the parents of the deceased (deceased) serviceman.

Citizens can apply for a pension at any time after the right to it arises, without any limitation to any period and regardless of the nature of their occupation at the time of application.

In connection with the growth of wages in the country, pensions are subject to calculation and increase by applying the individual pensioner coefficient, subject to the following conditions:

When determining the individual coefficient of a pensioner for persons living in regions of the Far North or in areas equated to regions of the Far North, in which decisions of government bodies of the USSR or federal government bodies established regional coefficients to wages, the ratio of the average monthly earnings of a pensioner to the average monthly wage in country is taken into account in the following amounts:

not more than 1.4 - for persons living in the specified areas and localities in which a regional coefficient of up to 1.5 has been established for the wages of employees;

not more than 1.7 - for persons living in the specified regions and localities in which a regional coefficient of 1.5 to 1.8 is established for the wages of employees;

not more than 1.9 - for persons living in the specified areas and localities in which a regional coefficient of 1.8 or higher is established for the wages of employees.

b) when determining the individual coefficient of a pensioner in accordance with this article, calendar periods of work, military and equivalent service are taken into account, provided for in articles 89, 90 and paragraph "g" of Article 92 of the Law, as well as periods included in the length of service on the basis of paragraphs "a" and "e" of Article 92 of the Law. In this case, part two of Article 16 of the Law does not apply.

The amount of a disability pension due to a general illness with full work experience (part two of Article 29 of the Law) cannot exceed the amount of the old-age pension assigned with full work experience (Article 10 of the Law) of equal or greater duration;

c) the increase in assigned pensions in connection with the growth of wages in the country is carried out four times a year - from February 1, May 1, August 1 and November 1.

To increase the pension, the pensioner's individual coefficient is applied to the average monthly salary in the country for the period from January 1 to March 31. if the increase is made from May 1; from April 1 to June 30, if the increase is made from August 1; from July 1 to September 30, if the increase is made from November 1; from October 1 to December 31 of the previous year, if the increase is made from February 1 of the following year.

The amount of a newly assigned or recalculated pension is determined in the same manner on the grounds established by the Law;

d) the amount of the pension calculated in accordance with this article, in all cases cannot be less than the corresponding minimum amount of the pension established by the Law;

e) the amount of the pension calculated in accordance with this article is not subject to limitation by the maximum amount established by the Law;

f) the minimum amount of old-age pension (Article 17 of the Law) and, accordingly, the minimum amounts of other types of pensions are increased within the time limits provided for in paragraph “c” of this article, while the new minimum amount of pension is determined by multiplying the current minimum amount of pension by the average monthly wage growth index in the country for the corresponding quarter. However, in all cases, the minimum amount of old-age pension cannot be lower than the amount provided for in Article 17 of the Law;

g) Lost force.

Financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund of the Russian Federation at the expense of insurance contributions from employers, citizens and allocations from the federal budget. When changes and additions are made to this Law that require an increase in expenses for the payment of pensions, the relevant federal law determines the source of financial support for additional expenses.

Payment of pensions provided for by this Law for military personnel and citizens equal to them in pension provision, their families, as well as social pensions is carried out from funds allocated to the Pension Fund of the Russian Federation from the federal budget.

Pensions paid in accordance with this Law are not subject to tax.

II. OLD AGE PENSIONS

The pension is established on a general basis:

for men - upon reaching 60 years of age and with a total work experience of at least 25 years;

for women - upon reaching 55 years of age and with a total work experience of at least 20 years.

Pensions on preferential terms are established for the following categories of citizens:

a) women who have given birth to five or more children and raised them until they are eight years old, as well as mothers of people with disabilities since childhood who have raised them until this age - upon reaching 50 years of age and with a total work experience of at least 15 years;

b) disabled people of the Patriotic War and other disabled people equal to them in relation to pension provision (Article 41 of the Law): for men - upon reaching 55 years of age and women - upon reaching 50 years of age and with the total length of service specified in Article 10 of the Law;

A pension due to special working conditions is established:

Citizens who have at least half of their work experience in jobs with difficult working conditions are granted a pension with a reduction in age provided for in Article 10 of the Law by one year for every two years and six months of such work for men and for every two years of such work for women;

c) women - upon reaching 50 years of age, if they have worked as tractor drivers in agriculture, other sectors of the national economy, as well as drivers of construction, road and loading and unloading machines for at least 15 years and have a total work experience specified in the article 10 Law;

d) women - upon reaching 50 years of age, if they have worked for at least 20 years in the textile industry in work with increased intensity and severity;

e) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they worked respectively for at least 12 years, 6 months and 10 years as locomotive crew workers and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and metro (according to the list of professions and positions), as well as truck drivers directly in the technological process in mines, mines, open-pit mines and ore quarries for the removal of coal, shale, ore, rock and have a total length of service specified in Article 10 of the Law;

f) for men - upon reaching 55 years of age, for women - upon reaching 50 years of age, if they worked respectively for at least 12 years 6 months and 10 years in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, prospecting, topographic- geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have the general work experience specified in Article 10 of the Law.

h) for men - upon reaching 55 years of age, for women - upon reaching 50 years of age, if they have worked for at least 20 and 15 years, respectively, as machine operators (dockers - machine operators) of complex crews for loading and unloading operations in ports and have a total length of service indicated in Article 10 of the Law;

Labor activity with special working conditions is summarized in the following order: to the work listed in paragraphs "b" - "j", the work specified in paragraph "a" is added to the work listed in paragraph "b", - the work specified in paragraphs " d", "f", "g" and "i" for the work listed in paragraph "c" - the work specified in all paragraphs, except for paragraph "d" for the work listed in paragraph "g" - the work specified at all points; for the work listed in paragraph "e" - the work specified in paragraphs "b", "f", "g" and "i" for the work listed in paragraph "e" - the work specified in paragraphs "b", “d”, “g” and “i” for the work listed in paragraph “g” - the work specified in paragraphs “b”, “d”, “f” and “i” for the work listed in paragraph “h” ", - the work specified in paragraphs "b", "c", "e", "e", "g", "i" and "j" to the work listed in paragraph "i", - the work specified in paragraphs “b”, “d”, “e”, “g” for the work listed in paragraph “j” - the work specified in paragraphs “b”, “c”, “e”, “f”, “g” , "z" and "i".

A pension in connection with work in the Far North is established: for men - upon reaching 55 years of age and for women - upon reaching 50 years of age, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equated to regions of the Far North , and have a total work experience of at least 25 and 20 years, respectively.

The work activity specified in Article 12 of the Law is equated to work in the Far North.

The list of regions of the Far North and localities equated to regions of the Far North is approved by the Government of the Russian Federation.

The pension is set at 55 percent of earnings (Section VII of the Law) and, in addition, one percent of earnings for each full year of total service in excess of that required for the pension (Sections 10, 11 and 12 of the Law).

When assigning a pension in accordance with Articles 12 and 14 of the Law, an increase in its size by one percent of earnings is also made for each full year of special work experience in excess of what is necessary to establish the pension.

The amount of the pension calculated in the above manner cannot exceed 75 percent of earnings.

The minimum pension amount for a total length of service equal to that required for a full pension is established not lower than the amount established by federal law.

The size of the pension in case of incomplete total work experience cannot be lower than the social pension (clause “b” of Article 114 of the Law).

The pension is granted for life.

The following supplements are established for the pension:

b) for disabled dependents (Articles 50 - 53 of the Law), if they themselves do not receive any pension. The allowance for disabled dependents is paid to non-working pensioners;

C) participants of the Great Patriotic War (subparagraphs “a” - “g” and “i” of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law “On Veterans”) who do not receive a disability pension at the same time as an old-age pension.

The allowance for participants of the Great Patriotic War specified in paragraph “c” of part one of this article is established in the following amounts:

a) those who have reached the age of 80 years or are disabled people of groups I and II - two minimum old-age pensions (part one of Article 17 of the Law);

b) the rest of the participants in the Great Patriotic War - one minimum old-age pension (part one of Article 17 of the Law).

For work after a pension has been assigned, a bonus is established in the amount of 10 percent of the pension for each year worked (12 full months of work), but not more than for three years of work. Such a bonus is established for work after the entry into force of the Law for those citizens who, while continuing to work, had the right to a pension, but did not receive it. Taking into account this bonus, the total amount of the pension is not limited.

III. DISABILITY PENSION

Citizens who have completely lost the ability to perform regular professional work under normal conditions are assigned disability group I if they need constant outside care (assistance, supervision), and group II disability if they do not need such care.

Citizens who have partially lost the ability to perform regular professional work are assigned disability group III.

Disability of group I is established for two years, for groups II and III - for one year. The re-examination period is not established: for men over 60 years old and women over 55 years old, disabled people with irreversible anatomical defects, other disabled people - according to the list of diseases approved in the manner determined by the Government of the Russian Federation.

A pension on a general basis is established upon the onset of disability due to the reasons specified in Articles 39, 40, 43 of the Law.

A pension on the basis provided for military personnel (including partisans of the Great Patriotic and Civil Wars, as well as young boys, sons (pupils) of regiments), is assigned upon the onset of disability due to a military injury (Article 41 of the Law) or a disease received during military service (Article 42 Law).

A pension on the grounds specified in Article 26 of the Law is established regardless of when the disability occurred (before the start of work (study), during the period of work (study) or after its termination, etc.), but on the grounds specified in Article 27 of the Law, if the disability occurred during military service or no later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during military service.

A disability pension due to work injury and occupational disease (Articles 39, 40 of the Law) is assigned regardless of the length of total work experience.

A disability pension due to a general illness (Article 43 of the Law) for citizens who become disabled before the age of 20 is also assigned regardless of the length of their total work experience. In other cases, to assign a disability pension due to a general illness, the following length of service is required at the time of the onset of disability: for citizens under the age of 23 - at least one year, and for those aged 23 and older - one year, increasing by four months for each full year of age, starting from 23 years of age, but not more than 15 years of age.

Citizens who are disabled in groups I and II due to a general illness and do not have full work experience to qualify for a pension (Article 29 of the Law) are granted a pension for incomplete total work experience.

In cases where the pension cannot be calculated from earnings, it is set at a fixed amount equal to the minimum pension (Article 32 of the Law).

The disability pension of groups I and II is set at the level of the minimum amount of old-age pension (part one of Article 17 of the Law), and the disability pension of group III is set at 2/3 of the minimum amount of this pension.

The size of the disability pension of groups I and II (part one of this article) increases by 1% for each full year of total work experience in excess of that required for an old-age pension with full length of service, but not more than by 20 percent.

A disability pension due to a military injury (Article 41 of the Law) or an illness received during military service (Article 42 of the Law) is assigned regardless of the length of the total length of service, including military service.

On an equal basis with military personnel who have become disabled as a result of a military injury, the pension is established:

citizens from among workers and employees of the relevant categories whose disability occurred in connection with a wound, concussion, injury or illness received in the area of military operations, on front-line sections of railways, on the construction of defensive lines, naval bases and airfields, and equivalent pension provision for military personnel in accordance with special decisions of the USSR Government;

citizens who have become disabled due to wounds, contusions, injuries or illnesses received during their stay in destruction battalions, platoons and people's defense units;

A disability pension of groups I and II due to military injury (Article 41 of the Law) is assigned in the maximum amount established by part one of Article 18 of the Law, and a disability pension of group III due to the same reason is assigned in the amount of half the specified amount.

Soviet citizens - immigrants from other countries who did not work in the Russian Federation or the USSR, are granted a pension:

b) for disability due to a general illness - if there is a total length of service required by age at the time of termination of work (Article 29 of the Law).

(as amended by Federal Law No. 19-FZ dated January 14, 1997)

The allowances provided for in paragraphs “a”, “b” and “c” of part one of Article 21 of the Law are established for disability pensions of groups I and II.

The bonus provided for in paragraph “c” of part one of Article 21 of the Law is established for the disability pension of group III.

b) on the way to or from work;

d) near the organization or other place of work during working hours, including established breaks, if being there does not contradict the internal labor regulations.

In addition, a citizen’s disability is considered to have occurred as a result of a work injury if the accident that caused damage to health also occurred:

e) when undergoing industrial training (practice) or conducting educational experiments (experiments) during study;

f) when performing state duties, as well as tasks of Soviet or public organizations, the activities of which do not contradict the Constitution of the Russian Federation;

g) when fulfilling a civic duty to save human life, protect property and law and order.

Disability is considered to have occurred as a result of an occupational disease if the disease that caused it is recognized as occupational.

The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.

Disability is considered to have occurred as a result of a general illness if it is not a consequence of the reasons specified in Articles 39, 40, 41, 42 of the Law.

If the disability increases due to another reason, the cause of disability is determined at the request of the disabled person.

The pension is established for the period for which the disability is determined (Article 25 of the Law).

If disability occurs again after a break, a disability pension can be assigned (at the request of the disabled person) on a general basis.

Working pensioners are paid the full pension (without allowance for dependents).

IV. SURVIVOR PENSION

Disabled family members of the deceased who were dependent on him have the right to a pension (Article 53 of the Law). Parents and widows (widowers) of citizens who died as a result of a military injury, one of the parents or spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who served in conscription and died (died) in during the period of military service or those who died as a result of a military injury after dismissal from military service (except for cases where the death of military personnel occurred as a result of their unlawful actions), a pension is assigned regardless of whether they were dependent on the deceased (dead).

Disabled family members are considered:

a) children, brothers, sisters and grandchildren under 18 years of age or older than this age, if they became disabled before reaching 18 years of age, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;

b) father, mother, spouse (wife, husband), if they have reached 60 or 55 years of age (men and women, respectively) or are disabled;

d) grandfather and grandmother - in the absence of persons who are legally obliged to support them;

e) parents of deceased (deceased) military personnel who served in conscription, if they have reached 55 and 50 years of age (men and women, respectively) (Article 58.1 of the Law).

The parents and spouse of the deceased, who were not dependent on him, have the right to a pension if they subsequently lost their source of livelihood.

A stepson and stepdaughter have the right to a pension on the same basis as their own children.

Family members of the deceased are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Family members of the deceased, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a survivor's pension.

Dependency of children of deceased parents is assumed and does not require proof.

Minors entitled to a pension (Article 50 of the Law) retain this right upon their adoption.

The pension assigned in the event of the loss of a breadwinner - a spouse - is retained upon entering into a new marriage.

A pension is assigned on a general basis if the death of the breadwinner occurred as a result of a work injury, professional or general illness.

(as amended by Federal Law dated 01.06.99 N 110-FZ)

A pension for the loss of a breadwinner due to a work injury or occupational disease is assigned regardless of the length of the breadwinner’s work experience.

Families of citizens who died as a result of a general illness and do not have full work experience sufficient to assign a pension (Article 29 of the Law) are assigned a pension if the breadwinner’s total work experience is incomplete.

The maximum pension amount is set at the level of the minimum old-age pension (part one of Article 17 of the Law) for each disabled family member, with the exception of pensions for children who have lost both parents and a deceased single mother (Article 62 of the Law), as well as pensions for the parents of the deceased ( deceased) military personnel who served in conscription (Article 68.1 of the Law).

The size of the pension in case of incomplete total work experience of the breadwinner is determined (based on the full pension) in the manner established by Article 19 of the Law.

The death of a breadwinner is considered to have occurred as a result of a work injury, occupational disease, military injury, disease received during military service, general illness, if it was a consequence of the reasons specified respectively in Articles 39, 40, 41, 42, 43 of the Law.

A pension for the loss of a breadwinner due to a military injury is awarded in the maximum amount established by Article 64 of the Law.

The survivor's pension for the parents of deceased (deceased) military personnel who served in conscription (Article 58.1 of the Law) is established for each parent in the amount of three minimum old-age pensions (part one of Article 17 of the Law).

For the families of deceased pensioners, a pension is assigned on a general basis, regardless of the length of the breadwinner’s total work experience.

To the families of deceased pensioners who have become disabled as a result of a military injury, a pension is assigned according to the rules established by Articles 67 and 68 of the Law, regardless of the cause of death of the pensioner.

Families of deceased pensioners include those families whose breadwinner died while receiving a pension or no later than five years after the termination of pension payment.

The following allowances are established for the pension: for caring for a pensioner - on the terms and in the amounts provided for in Article 21 of the Law; children who are disabled and disabled since childhood of groups I and II, who have lost both parents, as well as the specified children of a deceased single mother - in the amount of the social pension provided for in paragraph "a" of Article 114 of the Law.

(as amended by Federal Law dated 04.08.94 N 12-FZ)

The pension is established for the entire period during which a family member of the deceased is considered disabled (Article 50 of the Law).

If the number of family members covered by the pension changes, the pension is revised according to the number of family members entitled to receive it.

Children who have lost both parents and a single mother who has died during the period of their full state support are paid 50 percent of the pension, and other children - 25 percent.

The social pension established for children who have lost their parents is paid in the same manner.

The share of the pension is allocated from the first day of the month following the one in which the application for the division of the pension was received.

Family members for whom a survivor's pension is established due to disability are subject to the rules provided for in Articles 23 - 25, 47, 48 of the Law.

Working pensioners are paid the full pension.

V. SENIOR PENSION

Pension in connection with work on ships of the maritime fleet of the fishing industry for the extraction, processing of fish and seafood, acceptance of finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of ships of the sea, river fleet and fishing industry fleet is established for men upon length of service at least 25 years old, women - 20 years old.

A pension in connection with teaching activities in schools and other institutions for children is established for at least 25 years of service.

A pension in connection with medical and other work to protect the health of the population is established with a length of service of at least 25 years in rural areas and urban-type settlements and at least 30 years in cities.

Lists of relevant jobs (professions and positions), taking into account which a pension for length of service is assigned, and, if necessary, the rules for calculating length of service and assigning pensions, are approved by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.

The pension for workers employed in underground and open-pit mining (Article 78 of the Law) is set at 75 percent of earnings.

The minimum pension amount is determined at the level of the minimum old-age pension (part one of Article 17 of the Law).

A supplement for the long-service pension is established as provided for in paragraph “c” of part one of Article 21 of the Law.

A pension assigned to workers engaged in underground and open-pit mining, as well as a pension assigned in connection with teaching activities in schools and other institutions for children, and a pension assigned in connection with medical and other work to protect public health in rural areas and urban-type settlements (Articles 78, 80, 81 of the Law) are paid in the manner prescribed by part one of Article 22 of the Law, regardless of the nature of the work.

VI. WORK EXPERIENCE AND ITS CALCULATION

Taking into account special work experience, that is, the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions (Article 12 of the Law), work in the Far North (Article 14 of the Law), as well as a long-service pension ( Section V of the Law).

The total length of service includes any work as a worker, employee (including hired work before the establishment of Soviet power and abroad), member of a collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in paramilitary security, in special communications agencies or in a mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.

Service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, in internal affairs agencies, foreign intelligence agencies, counterintelligence agencies of the Russian Federation, ministries and departments of the Russian Federation , in which the law provides for military service, former state security bodies of the Russian Federation, as well as state security and internal affairs bodies of the former USSR (including during the period when these bodies were called differently), stay in partisan detachments during the civil and Great Patriotic Wars are included in the total length of service along with the work listed in Article 89 of the Law.

Preparation for professional activity - training in colleges, schools and courses for personnel training, advanced training and retraining, in secondary specialized and higher educational institutions, postgraduate studies, doctoral studies, clinical residency is included in the total work experience along with the work listed in Article 89 of the Law.

The following periods are included in the total length of service along with the work specified in Article 89 of the Law:

a) temporary disability that began during the period of work, and disability of groups I and II due to injury associated with production or an occupational disease;

b) care for a disabled person of group I, a disabled child, an elderly person, if he needs constant care based on the conclusion of a medical institution;

c) care of a non-working mother for each child up to three years of age and 70 days before his birth, but not more than 9 years in total;

e) residence abroad of wives (husbands) of employees of Soviet institutions and international organizations, but not more than 10 years in total;

f) stay in places of detention beyond the period prescribed during the review of the case;

g) payment of unemployment benefits, participation in paid public works and moving in the direction of the employment service to another area and employment.

When calculating the length of service specified in Articles 10, 11, 12, 29 of the Law, the following periods of work (service) are calculated on a preferential basis:

a full navigation period on water transport, a full season in organizations and in organizations of seasonal industries - for a year of work. The list of relevant seasonal work is approved in the manner determined by the Government of the Russian Federation;

in leper colonies and anti-plague institutions - double the amount;

in military units, headquarters and institutions that are part of the active army, in partisan detachments and formations during hostilities, as well as the time spent in treatment in medical institutions due to military trauma (Article 41 of the Law) - in triple the amount;

in Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - triple the amount;

during the Great Patriotic War (from June 22, 1941 to May 9, 1945) with the exception of work in areas temporarily occupied by the enemy - at double the rate;

in regions of the Far North and areas equated to regions of the Far North - one and a half times;

military service upon conscription - double.

For citizens who were unjustifiably brought to criminal liability, unjustifiably repressed and subsequently rehabilitated, the time of detention, stay in places of detention and exile is counted in the total length of service in triple the amount.

For citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached 16 years of age on the day of occupation or during its period, the entire period of their stay at the age of 16 years and older in the occupied territory of the USSR or other states is counted in their total work experience, as well as on the territory of states that were at war with the USSR, except in cases where they committed a crime during the specified period.

Citizens who lived in Leningrad during the period of its siege (from September 8, 1941 to January 27, 1944), as well as citizens who were prisoners of fascist concentration camps, respectively, the time of residence in the besieged city of Leningrad and their stay in concentration camps during the Great Patriotic War war is counted in the total length of service at double the rate, except in cases where they committed a crime during the specified period.

Work experience acquired before registration as an insured person in accordance with the Federal Law “On individual (personalized) accounting in the state pension insurance system” is established on the basis of documents issued in the prescribed manner by the relevant state and municipal bodies and organizations.

The length of service acquired after registration as an insured person is established on the basis of information from individual (personalized) records.

VII. CALCULATION OF PENSIONS FROM EARNINGS

A pension in connection with labor and other socially useful activities (Article 3 of the Law) is calculated according to established standards from average monthly earnings, except in cases where it is assigned in the appropriate maximum amount to citizens who have become disabled due to a military injury, to the families of citizens who died as a result of such injury (Article 36, 68 of the Law), as well as children who have lost both parents, and children of a deceased single mother (Article 62 of the Law).

For citizens whose pension cannot be calculated from earnings, it is established in fixed amounts equal to the minimum amounts of the corresponding pensions.

Types of payments for which insurance contributions to the Pension Fund of the Russian Federation are not charged are determined by the Government of the Russian Federation.

Earnings for calculating pensions, along with the payments provided for in part one of this article, also include:

A) monetary allowance military personnel and persons equivalent to them in pension provision, paid for the period of service (Article 90 of the Law);

b) temporary disability benefits;

c) a scholarship paid for the period of study (Article 91 of the Law).

The natural part of earnings is assessed at state retail prices for the period when wages were paid.

The average monthly earnings when granting a pension are determined (at the request of the person applying for a pension): for the last 24 months of work (service, except for compulsory military service) before applying for a pension or for any 60 months of work (service) in a row during the entire working life before applying for a pension .

From the number of months for which average monthly earnings are calculated, incomplete months of work due to its start or termination not on the first day of the month and months (including incomplete) of leave granted in connection with child care are excluded (at the request of the person applying for a pension). under the age of three years, as well as the time of work during which the citizen was disabled or received compensation for damage caused by injury or other damage to health, cared for a disabled person of group I, a disabled child or an elderly person in need of outside care according to the conclusion of a medical institution . In this case, the excluded months are replaced by others immediately preceding or immediately following the selected period.

Average monthly earnings for periods after registration as an insured person are established on the basis of individual (personalized) accounting information.

Average monthly earnings for the periods specified in Article 102 of the Law are calculated by dividing the total amount of earnings for 24 months of work (service) and 60 months of work (service) by 24 and 60, respectively.

If the work lasted less than 24 months, average monthly earnings are calculated by dividing the total amount of earnings for the months actually worked by the number of those months.

In cases where the period of work was less than one full calendar month, the pension is calculated based on conditional monthly earnings. It is determined as follows: earnings for all time worked are divided by the number of days worked and the resulting amount is multiplied by the number of working days in a month, calculated on average for the year (21.2 - for a five-day working week; 25.4 - for a six-day working week) . In this case, the earnings from which the pension is calculated cannot exceed the sum of two tariff rates (salaries) of the given employee.

The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.

The pension for Soviet citizens - immigrants from other countries who did not work in the USSR, is calculated from the average monthly earnings of workers and employees of the corresponding profession and qualifications in the USSR who have acquired length of service sufficient to establish a full pension; the pension is recalculated regardless of how much time has passed since the pension was assigned.

The pension is recalculated at the request of the pensioner from the earnings from which it was assigned (recalculated) earlier, or from earnings as in the case of a new pension assignment.

For pensioners who have worked for at least 24 months after the pension was assigned with higher earnings, the pension can be recalculated (at their request) based on the average monthly earnings calculated for 24 consecutive months of work after the pension was assigned, in the manner prescribed by Articles 102 and 103 of the Law.

Each subsequent recalculation is made no earlier than 24 months after the previous recalculation.

A) Heroes Soviet Union, Heroes of the Russian Federation and citizens awarded the Order of Glory of three degrees - 100 percent of the pension amount, but not less than 200 percent of the minimum old-age pension (part one of Article 17 of the Law), Heroes of Socialist Labor - 50 percent of the pension amount, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

B) Olympic Games champions - by 50 percent, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees - by 15 percent;

D) participants of the Great Patriotic War (subparagraphs “a” - “g” and “i” of subparagraph 1, paragraph 1, article 2 of the Federal Law “On Veterans”) - 100 percent of the minimum old-age pension (part one of article 17 of the Law);

e) citizens - former minor prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis and their allies during the Second World War - 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

f) citizens who have been in prison for at least six months military service in the period from June 22, 1941 to September 3, 1945 (with the exception of citizens specified in paragraph "d" of this article) - by 50 percent of the minimum old-age pension (part one of Article 17 of the Law);

g) citizens (except for those specified in paragraph "e" of this article) who worked for at least six months during the Great Patriotic War (from June 22, 1941 to May 9, 1945), excluding the time of work in areas temporarily occupied by the enemy or awarded orders and medals of the USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War - by 50 percent of the minimum old-age pension (part one of Article 17 of the Law). Pensions for citizens born before December 31, 1931 inclusive, should be increased without requiring proof of work time, as defined in Articles 96 and 97 of the Law;

i) citizens who were unreasonably repressed for political reasons and subsequently rehabilitated - 50 percent of the minimum old-age pension (part one of Article 17 of the Law);

j) disabled persons from childhood due to wounds, contusions or mutilations associated with hostilities during the Great Patriotic War or their consequences, receiving an old-age pension, disability pension or in the event of the loss of a breadwinner - per 100 dependents, taken into account for calculating the allowance for only one from pensioners, of their choice.

The maximum amounts of labor pensions for these citizens are determined in the same manner.

b) disabled people of group II (except for disabled people since childhood), children who have lost one of their parents, and citizens who have reached 65 and 60 years of age (men and women, respectively) - in the amount of 2/3 of the minimum old-age pension (part one of Article 17 of the Law );

c) disabled people of group III - in the amount of 1/2 of the minimum old-age pension (part one of Article 17 of the Law).

Citizens for whom a social pension is established due to disability are subject to the rules provided for in Articles 23 - 25, 47, 48 of the Law.

Article 38 of this Law applies to the calculation of the care supplement to the pension assigned to group I disabled persons since childhood and to disabled children.

(as amended by the Law of the Russian Federation dated January 15, 1993 N 4297-1)

The day of applying for a pension is considered to be the day the application is submitted with all the necessary documents. When sending an application and documents by mail, the day of application is considered the date of their dispatch.

An application for a pension is considered by the social protection authority no later than 10 days after its receipt with all the necessary documents or receipt of additional documents.

The corresponding pension is assigned earlier than the day of application for it (Article 118 of the Law) in the following cases:

old-age pension and long-service pension - from the date of termination of work (service), if the application for it followed no later than a month from the date of leaving work;

disability pension - from the date of establishment of disability, if the application for it followed no later than 12 months from this date;

In all cases, the pension is assigned no earlier than from the date the right to it arises.

The pension is paid for the current month. Delivery and forwarding of pensions is carried out at the expense of the state.

Those living in state or municipal inpatient social service institutions are paid 25 percent of the assigned pension.

During the period of temporary absence of a pensioner from these institutions, he is paid 75 percent of the assigned pension. In this case, the period of temporary absence of a pensioner is considered to be a calendar period from one to three months.

three years before applying for them.

Pension amounts not received on time due to the fault of the authorities assigning or paying pensions are paid for the past without any time limit.

During the period of deprivation of liberty of a pensioner by a court verdict, the payment of the assigned pension is suspended.

The pension amounts due to the pensioner and not received due to his death are paid to his heirs on a general basis.

To family members of the deceased who perform the funeral, these amounts are paid before accepting the inheritance.

X. RESPONSIBILITY OF THE ORGANIZATION AND CITIZENS. RESOLUTION OF DISPUTES ON PENSION ISSUES in the event of circumstances leading to a change in the amount of the pension or termination of its payment.

In case of failure to fulfill these obligations and payment of excess pension amounts in connection with this, the organization and the pensioner shall compensate the relevant social protection body for the damage caused.

This Law is put into effect: in terms of pensions for disabled war veterans and other war participants (including civilians), families of fallen military personnel, citizens unreasonably repressed for political reasons and subsequently rehabilitated, minimum labor pensions, pensions for children orphans, participants in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant, social pensions, as well as in terms of norms not relating to the size of pensions and the procedure for calculating pensions and earnings (Section VII of the Law) - from March 1, 1991; in the rest - from January 1, 1992, while until May 1, 1992, pensions are paid in an amount not exceeding the minimum old-age pension provided for in part one of Article 17 of the Law, not counting supplements to them.

If the specified documents are submitted after July 1, 1993, the pension is recalculated on the general basis established by Article 121 of the Law.

The pension established after the entry into force of this Law according to the conditions and norms of the previously effective legislation is paid in the same manner.

The time of underground work performed before January 1, 1992, work with hazardous working conditions and in hot shops, as well as other work with difficult working conditions, giving the right to receive a pension on preferential terms before January 1, 1992, is counted in special work experience, with taking into account which an old-age pension is assigned on a par with the work specified respectively in paragraphs “a” and “b” of Article 12 of this Law.

On the Zakonbase website you will find the RF LAW of November 20, 1990 N 340-I (as amended on November 27, 2001) “ON STATE PENSIONS IN THE RUSSIAN FEDERATION” in the latest and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the RF LAW of November 20, 1990 N 340-I (as amended on November 27, 2001) “ON STATE PENSIONS IN THE RUSSIAN FEDERATION” completely free of charge, both in full and in separate chapters.