On Federal Law No. 340-FZ dated August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”.
On August 7, 2018, Federal Law No. 340-FZ dated August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force.
Specified statutory definition urban planning activities supplemented by legal relations related to the demolition of objects capital construction, which means liquidation of a capital construction object by its destruction (except for destruction due to natural phenomena or unlawful actions of third parties), dismantling and (or) dismantling of a capital construction object, including its parts.
The procedure for the demolition of capital construction objects is regulated by Chapter 6.4 of the Town Planning Code of the Russian Federation (as amended by federal law dated 03.08.2018 No. 340-FZ).
In addition, the law defines the object of individual housing construction - a separate building with no more than three above-ground floors, no more than twenty meters high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building, and is not intended to be divided into independent properties.
IN new edition Part 3 of Article 48 of the Town Planning Code of the Russian Federation is stated:
"3. The preparation of project documentation is not required during the construction, reconstruction of an individual housing construction object, a garden house. The developer, on his own initiative, has the right to ensure the preparation of project documentation in relation to an individual housing construction object, a garden house.";
The wording of paragraph 1 of part 2 of article 49 has been changed, according to which an expert examination is not required in relation to the design documentation for individual housing construction and garden houses.
Article 49 of the Town Planning Code of the Russian Federation was supplemented with parts 2.2 and 5.2 as follows:
"2.2. In the event that the capital construction projects specified in paragraphs 4 and 5 of part 2 this article, refer to objects mass stay citizens, examination of project documentation for the implementation of construction, reconstruction of these capital construction facilities is mandatory. The criteria for classifying capital construction facilities specified in paragraphs 4 and 5 of part 2 of this article as objects of mass stay of citizens are approved by the federal executive body that performs the functions of developing and implementing public policy and legal regulation in the field of construction, architecture, urban planning.";
"5.2. When conducting an examination of the design documentation of a capital construction facility that is not linear object, an assessment is made of its compliance with the requirements specified in paragraph 5 of this article and in force on the date of issue urban plan land plot on the basis of which such project documentation provided that no more than one and a half years have elapsed from the said date. When conducting an examination of the design documentation of a linear facility (except for cases where the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation), its compliance with the requirements specified in Part 5 of this Article and in force on the date of approval of the territory planning project is assessed, based on which such project documentation was prepared, provided that no more than one and a half years have passed since the specified date. If more than one and a half years have passed since the date of issuance of the town-planning plan of the land plot or the date of approval of the draft planning of the territory, during the examination of the project documentation, an assessment is made of its compliance with the requirements specified in Part 5 of this Article and in force on the date of receipt of the project documentation for examination. When conducting an examination of the design documentation of a linear facility, for construction, the reconstruction of which does not require the preparation of documentation for the planning of the territory, an assessment is made of the compliance of this design documentation with the requirements specified in Part 5 of this Article and in force on the date of receipt of the design documentation for examination.".
The law amended the procedure for sending notifications about the planned construction or reconstruction of an individual housing construction or garden house and obtaining a permit for their construction or reconstruction (Article 51.1).
For members of a self-regulatory organization in the field of construction, reconstruction, overhaul and demolition of capital construction objects is introduced a simple level of responsibility , according to which the minimum contribution to the compensation fund for damages per member of a self-regulatory organization in the field of construction, reconstruction, overhaul, demolition of capital construction facilities, depending on the level of responsibility of a member of a self-regulatory organization, is:
one hundred thousand rubles in the event that a member of a self-regulatory organization plans to carry out only the demolition of a capital construction object, not related to the construction, reconstruction of a capital construction object (Clause 6 of Part 12, Article 55.16).
The minimum amount of contribution to the compensation fund for ensuring contractual obligations in the event that a member of a self-regulatory organization expresses its intention to take part in the conclusion of contracts building contract to carry out demolition using competitive methods of concluding contracts, corresponds to the level of responsibility of a member of a self-regulatory organization that has expressed its intention to participate in the conclusion of construction contracts using competitive methods of concluding contracts.
on the occasion of the loss of a breadwinner - section IV 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 Law). Such a pension may be assigned in appropriate cases instead of a labor pension (at the request of the applicant).
Article 4
Citizens of other union republics living in the Russian Federation, foreign citizens and stateless persons are entitled to receive a pension on the same basis as citizens of the Russian Federation, unless otherwise provided by the Law or the 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 due to military trauma (of the Law), participants in the Great Patriotic War (subparagraphs "a" - "g" and the Federal Law "On Veterans"), who became disabled due to a general illness, labor injury and other reasons (with the exception of persons whose disability was due to their illegal actions). They may be entitled to an old-age pension (or for years of 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 (or a disability pension, for years of service, social) and a survivor's pension for a deceased husband.
c) parents of servicemen who were conscripted for military service, who died (deceased) during the period of passage military service or those who died as a result of a military injury after being discharged from military service (with the exception of 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, seniority pension, social pension) and a survivor's pension (of the Law). At the same time, 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 limitation by 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 coefficient of the pensioner, subject to the following conditions:
a) the individual coefficient of a pensioner is determined by multiplying the amount of the pension in percent, which is due depending on the length of service, by the ratio of the average monthly earnings for the established period from which the pension is calculated, to the average monthly wages in the country during 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 the amount of not more than 1.2, regardless of the basis for assigning a pension, except for cases when the individual coefficient of a pensioner is determined for persons living in the Far North or in areas equated to districts Far North.
When determining the individual coefficient of a pensioner for persons living in regions of the Far North or in areas equivalent to regions of the Far North, in which regional coefficients to wages are established by decisions of state authorities of the USSR or federal state authorities, the ratio of the pensioner's average monthly earnings to the average monthly wages in country is taken into account in the following amounts:
not more than 1.4 - for persons living in the indicated districts and localities in which a regional coefficient of up to 1.5 is established for the wages of employees;
not more than 1.7 - for persons residing in the indicated districts and localities in which a district coefficient of 1.5 to 1.8 is established for the wages of employees;
not more than 1.9 - for persons residing in the indicated districts and localities in which a district coefficient of 1.8 and higher is established for the wages of employees.
At the same time, if different regional coefficients to wages are established, when determining the individual coefficient of a pensioner, the coefficient to wages in force in a given region or locality for workers and employees of non-productive industries is taken into account.
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 areas equivalent to regions of the Far North, the amount of the pension calculated using the appropriate ratio of the average monthly earnings of a pensioner to the average monthly salary in the country specified in paragraph four of this paragraph is retained for a new permanent place of residence.
Pensioners, with the exception of persons specified in paragraph nine of this paragraph, when leaving the regions of the Far North and areas equivalent to regions of the Far North, for a new permanent place of residence, the calculation of pensions is carried out using the individual coefficient of the pensioner, determined taking into account the ratio of the pensioner's average monthly earnings to the average monthly salary in the country, not exceeding 1.2 .
b) when determining the individual coefficient of a pensioner in accordance with this article, the periods of work, military and equivalent service provided for by the calendar are taken into account, and paragraph "g" Article 92 of the Law, as well as the periods included in seniority based points "a" And "e" Article 92 of the Law. Wherein part two Article 16 of the Law does not apply.
The amount of the disability pension due to a general illness with a full length of service ( part two Article 29 of the Law) may not exceed the amount of the old-age pension awarded for a full length of service (of the Law) of equal or greater duration;
c) an increase in the 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.
In the same manner, the amount of a newly assigned or recalculated pension is determined on the grounds established by law ;
d) the amount of the pension calculated in accordance with this Article may in all cases not be less than the corresponding minimum pension, established by law;
e) the amount of the pension calculated in accordance with this article, the restriction maximum size established by law, is not subject to;
f) the minimum amount of the old-age pension (Article 17 of the Law) and, accordingly, the minimum amount of other types of pensions are increased within the time limits stipulated point "c" of this article, the new minimum pension being determined by multiplying the current minimum pension on the growth index of average monthly wages in the country for the corresponding quarter. However, in all cases, the minimum old-age pension may not be lower than the amount provided article 17 Law;
h) for a pensioner performing paid work, the calculation and increase of the pension in accordance with this article is made from the 1st day of the month following the one in which the pensioner stopped performing the specified 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 on 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 norms of the Law, the pensioner has the right to choose to calculate the pension without applying an individual coefficient.
The increase in pensions calculated in accordance with the norms of the Law without the application of an individual coefficient is carried out within the time limits stipulated point "c" of this article, by indexing in accordance with the growth of the average monthly wage in the country.
Article 8. Funds for the payment of pensions
Financing the payment of pensions assigned in accordance with this Law shall be carried out by the Pension Fund of the Russian Federation at the expense of insurance premiums employers, citizens and appropriations from federal budget. When making amendments and additions to this Law that require an increase in the cost of paying pensions, the corresponding federal law determines the source financial support additional costs.
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 suffering from pituitary dwarfism (Lilliputians) 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 special conditions labor
Pension in connection with special working conditions is established:
a) for men - upon reaching 50 years of age and women - upon reaching 45 years of age, if they have respectively worked for at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and their total length of service is not less than 20 and 15 years old.
Citizens who have at least half of the length of service in underground work, in work with harmful working conditions and in hot shops, a pension is assigned with a decrease in the age provided for Article 10 of the Law, for one year for every full year of such work for men and women;
b) men - upon reaching the age of 55 and women - upon reaching the age of 50, 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 Law.
Citizens who have less than half of the length of service in jobs with difficult working conditions, a pension is assigned with a decrease in the age provided for Article 10 of the Law, for 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 the age of 50, if they have worked as tractor drivers in agriculture, other sectors of the national economy, as well as machinists of construction, road and loading and unloading machines for at least 15 years and have a total length of service specified in article 10 Law;
d) women - upon reaching the age of 50, if they have worked for at least 20 years in the textile industry in jobs with increased intensity and severity.
e) men - upon reaching the age of 55, women - upon reaching the age of 50, if they have worked for at least 12 years, 6 months and 10 years, respectively, as working locomotive crews and workers certain categories directly engaged in the organization of transportation and ensuring traffic safety in railway transport and the subway (according to the list of professions and positions), as well as truck drivers directly in technological process in mines, mines, cuts and ore quarries for the removal of coal, shale, ore, rocks and have a general length of service specified in article 10 Law;
f) men - upon reaching the age of 55, women - upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments at sites and in brigades directly on field geological exploration, prospecting, topographic -geodesic, geophysical, hydrographic, hydrological, forest management and survey work and have the total length of service specified in article 10 Law.
At the same time, 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 this Law;
g) men - upon reaching the age of 55, women - upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years as workers, foremen (including senior ones) directly at logging and timber rafting, including maintenance of mechanisms and equipment (according to the list of professions, positions and industries), and have a total length of service specified in article 10 Law;
h) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they have worked for at least 20 and 15 years, respectively, as machine operators (docker-machine operators) of integrated teams in loading and unloading operations in ports and have a total length of service specified V article 10 Law;
i) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years as seafarers on ships of the sea, river fleet and the fleet of the fishing industry (except for port ships permanently operating in the water area port, service and auxiliary, traveling, suburban and intracity traffic) and have a total length of service specified in article 10 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 urban passenger routes for at least 20 and 15 years, respectively, and have a total length of service specified in Article 10 of the Law ;
k) for men and women - upon reaching the age of 40, if they constantly worked as rescuers in professional emergency services, professional rescue teams(By list positions and specialties approved by the Government of the Russian Federation) for at least 15 years and participated in the elimination of emergency situations;
l) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they were employed at work with convicts as workers and employees of institutions executing criminal sentences in the form of deprivation of liberty (according to the list of jobs and professions approved by the Government of the Russian Federation) , respectively, not less than 15 and 10 years and have a total length of service specified in article 10 Law.
o) men and women - upon reaching 50 years of age, if they have worked for at least 25 years in the 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 list operational positions of the 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 performance 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 jobs with different special working conditions
Labor activity with special working conditions is summarized in the following order:
to the work listed in paragraph "b", is the work specified in paragraphs "e" , "e" , "and" And "And" ;
to the work listed in paragraph "i", - the work indicated in paragraphs "b" , "d" , "e" , "and" ;
Article 14
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 equivalent to regions of the Far North , and have a total work experience of at least 25 and 20 years, respectively.
Citizens who worked both in the regions of the Far North, and in areas equated to regions of the Far North, a pension is established for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equivalent to the regions of the Far North is considered nine months of work in the regions of the Far North.
Citizens who have worked in the regions of the Far North for at least 7 years 6 months are granted a pension with a decrease in the age provided for Article 10 Act, for four months for each full calendar year of employment in these areas. When working in localities equated to regions of the Far North, as well as in these localities and regions of the Far North, the rule established by part two of this article is applied.
To work in the Far North is equated the labor activity specified in article 12 Law.
The list of regions of the Far North and areas equivalent to regions of the Far North is approved by the Government of the Russian Federation.
Article 15
Citizens who have reached the retirement age specified in article 10 of the Law and those who do not have a full general work experience for the purpose of granting a pension provided for by the same article, a pension is established for incomplete work experience, if it is not less than 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 length of service in excess of the required pension ( article 10, and Law).
When assigning a pension in accordance with and 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 that necessary for establishing a pension.
The amount of the pension calculated in the manner indicated above cannot exceed 75 per cent of earnings.
Article 17. Minimum amount of pension
The minimum amount of pension for a total length of service equal to that required for the appointment of a full pension is set not lower than the amount established by federal law.
Article 18. Maximum amount of pension
The maximum amount of pension with a total length of service equal to that required for the appointment of a full pension is set at the level of three minimum pension amounts ( part one of article 17 of the Law), and the pension assigned in connection with underground work, work with harmful working conditions and in hot shops ( Article 12(a) Law), - three and a half sizes.
The amount of the pension (Part 1 of this article) is increased by one percent for each full year of the total length of service in excess of that required for granting a pension, but by no more than 20 percent.
Article 19
The amount of the pension for incomplete total work experience is determined in proportion to the length of service, based on the full pension established for the length of service for men of 25 years and women of 20 years (of the Law).
The calculation of the pension in proportion to the length of service is carried out as follows: the corresponding full pension is determined; this pension is divided by the number of months of service required; the amount received is multiplied by the number of months of actual experience (in this experience, a period of more than 15 days is rounded up to a full month, and a period of up to 15 days inclusive is not taken into account).
The amount of the pension for incomplete total work experience cannot be lower than the social pension ( paragraph "b" of Article 114 Law).
Article 20
The pension is assigned for life.
Article 21
The following supplements are added to the pension:
a) to care for a pensioner, if he is a disabled person of group I or needs constant outside care (assistance, supervision) at 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 disability dependency allowance is paid to non-working pensioners;
c) participants of the Great Patriotic War ( subparagraphs "a" - "g" And "and" 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, is equal to the amount of the social pension specified in paragraph "a" of article 114 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) at 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 article 114 of the Law, and for a disabled dependent - a disabled person of group III - specified in paragraph "c" this article.
Allowance for participants of the Great Patriotic War, specified in paragraph "c" of the first part of this article, is set in the following dimensions:
a) who have reached the age of 80 or are disabled of groups I and II - two minimum pensions old age ( part one of article 17 Law);
b) the rest of the participants in the Great Patriotic War - one minimum old age pension (part one of article 17 Law).
Article 22. Payment of pensions to working pensioners
For work after the appointment of a pension, an allowance 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 an allowance is established for work after the entry into force of the Law to those citizens who, while continuing to work, had the right to a pension, but did not receive it. With this allowance, the total amount of the pension is not limited.
The pension established ahead of schedule for the unemployed is not paid to working pensioners. After such citizens reach the retirement age, at which they acquire the right to a pension on a general, preferential basis or in connection with special working conditions, the payment of a pension to them is carried out in accordance with the first part of this article.
III. disability pension
Article 23. Disability and its groups
Disability is a violation of a person's health with a persistent disorder of body functions, leading to a complete or significant loss of professional ability to work or significant difficulties in life. Depending on their degree, three groups of disability are distinguished.
Citizens who have completely lost the ability for 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 lost the ability to perform regular professional work in part are assigned III disability groups.
Article 24. Definition 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 provision 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, II and III groups - for one year.
The re-examination period is not set: 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 grounds provided for military personnel (including partisans of the Great Patriotic and Civil Wars, as well as youngsters, sons (pupils) of regiments) is assigned upon the onset of disability due to a military injury (Law) or an illness received during military service (Law).
On equal grounds with military personnel, a pension is assigned to persons in command and rank and file of the internal affairs bodies. At the same time, disability resulting from injury, concussion, injury received in the performance of official duties in the internal affairs bodies is equated to disability due to a military injury, and disability due to other reasons that occurred during the period of service in these bodies is equated to 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 occurred (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 the period of 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
Disability pension due to work injury and occupational disease ( article 39, Law) is appointed regardless of the length of the total length of service.
A disability pension due to a general illness (Law) for citizens who become disabled at the age of 20 is also assigned regardless of the length of the total length of service. In other cases, in order to assign a disability pension due to a general illness, the following work experience is required by the time of the onset of disability: for citizens under the age of 23 - at least one year, and for citizens aged 23 and older - one year with an increase of four months for each full year of age, starting at 23 years old but not more than 15 years old.
When switching from a disability pension due to a work injury, an occupational disease, a military injury or an illness received during military service, to a disability pension due to a general illness, the required work experience is determined by age at the time of the initial establishment of disability. This rule applies if the break in disability does not exceed five years.
Article 30
Citizens who are invalids of groups I and II due to a general illness and do not have a full length of service for the appointment of a pension (of the Law), a pension is established with an incomplete total length of service.
Article 31
A pension (except for a disability pension due to a military injury) is established in the following amounts: 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 fixed in a fixed amount equal to the minimum pension (of the Law).
Article 32. Minimum amount of pension
Group I and II disability pension is set at the level minimum size old age pensions (part one article 17 of the Law), and the third group disability pension - at the level of 2/3 of the minimum amount of this pension.
Article 33. Maximum amount of pension
The maximum size of the disability pension of groups I and II is set at the level of the maximum size of the old-age pension (Part One article 18 of the Law), and disability pensions of group III - the minimum amount of this pension ( part one of article 17 Law).
The amount of the disability pension of groups I and II (Part one of this article) is increased by one percent for each full year of the total length of service in excess of that required for granting an old-age pension with full length of service, but not more than 20 percent.
Article 34
The disability pension of groups I and II with incomplete total work experience is determined on the basis of the full disability pension in the manner prescribed by article 19 Law. Its amount cannot be lower than the social pension ( paragraph "b" of Article 114 Law).
Article 35
A disability pension due to a military injury (Law) or a disease received during military service (Law) is assigned regardless of the length of the total length of service, including military service.
On equal grounds with military personnel who became disabled due to military trauma, the pension is established:
citizens from among the workers and employees of the relevant categories, whose disability has occurred in connection with a wound, concussion, injury or illness received in the area of military operations, in front-line areas railways, in the construction of defensive lines, naval bases and airfields, and equivalent in terms of pension provision to military personnel in accordance with special decisions of the Government of the USSR;
citizens who have become disabled due to a wound, concussion, injury or disease received during their stay in extermination battalions, platoons and people's protection detachments;
citizens called up for training and verification camps and who became disabled due to injury, concussion or injury received in the line of duty during the period of these fees.
Article 36. Amount of disability pension due to military injury
Disability pension of groups I and II due to military injury (of the Law) is assigned in the maximum amount established by part one article 18 of the Law, and the third group disability pension due to the same reason - in the amount of half of the indicated amount.
Article 37. Pension for immigrants from other countries
Soviet citizens - immigrants from other countries who did not work in the Russian Federation or the USSR, a pension is assigned:
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 the total length of service;
b) due to disability due to a general illness - if there is a general length of service required by age at the time of termination of work (of the Law).
Article 38
To the disability pension of groups I and II, supplements are established, provided for paragraphs "a", "b" and "c" of the first part of Article 21 Law.
To the disability pension of group III, a supplement is established, provided for by the Law.
Article 39. Disability due to work injury
Disability of a worker who performed the work specified in part one article 89 of the Law, is considered to have occurred as a result of an industrial 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 if 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 in order the tools of production, clothing, etc. before or after work;
d) near the organization or other place of work during working hours, including the established breaks, if being there did not contradict the internal labor regulations.
In addition, a citizen's disability is considered to have occurred as a result of a labor 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) in the performance of state duties, as well as assignments of Soviet or public organizations whose activities do not contradict the Constitution of the Russian Federation;
g) in the performance of civic duty to save human life, protect property and law and order.
Article 40. Disability due to an occupational disease
Disability is considered to have occurred as a result of an occupational disease, if the disease that caused it is recognized as an occupational one. The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.
Article 41. Disability due to military injury
The disability of citizens who have served in the military, including as youngsters, sons (pupils) of regiments, is considered to have occurred as a result of a military injury 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 duties of military service (official duties), or illness associated with being at the front.
Article 42. Disability due to an illness acquired during military service
The disability of citizens who have served in the military, including as youngsters, sons (pupils) of regiments, is considered to have occurred as a result of an illness received during military service, if it was the result of an injury as a result of an accident not related to the performance of military service duties (official duties), or an illness not related to being at the front.
Article 44
In case of intensification of disability due to another reason, the cause of disability is determined at the request of the disabled person.
Article 45
The pension is established for the period for which disability is determined (of the Law).
Article 46
When the disability group is revised, the pension in the new amount is paid from the date of the change in the disability group. If the 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 the disability was established.
Article 47
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 re-examination period is missed for a good reason and the VTEC establishes disability for the past time, the pension is paid from the day from which the citizen was recognized as disabled. If during the re-examination a different disability group (higher or lower) is established, then the pension is paid for the specified time for the previous group.
Article 48
A previously granted disability pension due to a general illness is restored if no more than five years have passed since 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 granted disability pension due to other reasons is not limited by a period.
In the event of a disability again after a break, a disability pension may be assigned (at the request of the disabled person) on a general basis.
Article 49. Payment of pensions to working pensioners
For working pensioners, the pension is paid in full (without the supplement for dependents).
IV. Survivors' pensions
Article 50
Disabled members of the family of the deceased who were dependent on him (of the Law) have the right to a pension. Parents and widows (widowers) of citizens who died as a result of a military injury, one of the parents or a spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who served in military service on conscription, who died (deceased) in the period of military service or those who died as a result of a military injury after being discharged from military service (except in cases where the death of servicemen occurred as a result of their illegal actions), a pension is awarded regardless of whether they were dependents of the dead (deceased).
Disabled family members are:
a) children, brothers, sisters and grandchildren under the age of 18, or older than this age, if they became disabled before reaching the age of 18, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;
b) father, mother, spouse (wife, husband), if they have reached the age of 60 or 55 (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 the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14 and does not work;
d) grandfather and grandmother - in the absence of persons who are required by law to support them;
e) parents of the dead (deceased) servicemen who were conscripted for military service, if they have reached the age of 55 and 50 (men and women, respectively) (of the Law).
The parents and spouse of the deceased, who were not dependent on him, are entitled to a pension if they subsequently lost their source of livelihood.
Article 51. The right to a pension of students aged 18 and over
Students, pupils aged 18 years and older, but not more than until they reach the age of 23, are entitled to a survivor's pension until the end of full-time education 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 stepfather and stepmother are entitled to a pension on an equal footing with the father and mother, provided that they raised or supported the deceased stepson or stepdaughter for at least five years.
The stepson and stepdaughter are entitled to a pension on an equal basis with their own children.
Article 53. Dependency
The family members of the deceased are considered to be dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.
Members of the family of the deceased, for whom his assistance was a permanent and main source of livelihood, but who themselves received some kind of pension, are entitled to transfer to a survivor's pension.
The dependency of the children of deceased parents is assumed and does not require proof.
Article 54. Families of missing citizens
Families of missing citizens are equated to the families of the deceased, if the missing absence of the breadwinner is certified in the prescribed manner. At the same time, the families of servicemen who went missing during hostilities are equated to the families of those who died due to military trauma (of the Law).
Article 55. Preservation of the right to a pension upon adoption
Minors who are entitled to a pension (of the Act) retain this right when they are adopted.
Article 56
The pension assigned on the occasion of the loss of the breadwinner - the spouse, is preserved upon entering into a new marriage.
Article 57. General grounds for pension provision
The pension is assigned on a general basis, if the death of the breadwinner occurred as a result of a labor injury, occupational or general disease.
Article 58
A pension on the grounds established for families of military personnel (including families of partisans of the Great Patriotic and Civil Wars) is assigned if the death of the breadwinner occurred as a result of a military injury or illness received during military service.
On equal grounds with the families of military personnel, a pension is assigned to the families of persons in command and rank and file of the internal affairs bodies. At the same time, the death of the breadwinner, which occurred as a result of injury, concussion, mutilation received in the performance of official duties in the internal affairs bodies, is equated to the death of the breadwinner due to a military injury, and the death of the breadwinner, which occurred due to other reasons that occurred during the period of service in these bodies, - to the death of the breadwinner due to a disease received during military service.
Article 58-1. Pension on the grounds established for the parents of the dead (deceased) servicemen who were conscripted for military service
A pension on the grounds established for the parents of the dead (deceased) servicemen who were in military service on conscription is assigned if the death (death) occurred during the period of military service or after dismissal from military service due to military injury (except for cases when the death of servicemen occurred as a result of their illegal actions).
Article 59
Pension on the grounds specified in article 57 of the Law, is established regardless of when the death of the breadwinner occurred, but on the grounds specified in article 58 Law, if the death of the breadwinner occurred during the period of 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
The pension for the loss of a breadwinner due to a work injury and occupational disease is granted regardless of the length of service of the breadwinner.
A survivor's pension due to a general illness is established if the breadwinner by the day of death had a total length of service that would be necessary for him to receive a disability pension (of the Law).
Article 61
Families of citizens who died as a result of a general illness and do not have a full length of service sufficient to assign a pension (of the Law) are assigned a pension if the total length of service of the breadwinner is incomplete.
Article 62
The survivor's pension (except for the survivor's pension due to a military injury and the survivor's pension to the parents of dead (deceased) servicemen who were conscripted) is established in the amount of 30 percent of the income of the breadwinner for each disabled family member, and for each a child who has lost both parents, and a deceased single mother - in one and a half times the minimum old-age pension ( part one of article 17 Law).
Article 63. Minimum amount of pension
The pension, including in case of incomplete total work experience of the breadwinner, cannot be lower than the social pension specified in paragraph "b" of article 114 Law, based on each disabled member of the family.
Article 64. Maximum amount of pension
The maximum pension is set at the level of the minimum old-age pension ( part one of article 17 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 parents of dead (deceased) servicemen who were conscripted (Law).
Article 65
The amount of the pension for incomplete total work experience of the breadwinner is determined (based on the full pension) in the manner prescribed by article 19 Law.
Article 66. Causes of death of the breadwinner
The death of the breadwinner is considered to have occurred as a result of a labor injury, occupational disease, military injury, illness received during military service, a general illness, if it was the result of the reasons specified respectively in , , , , of the Law.
Article 67
The 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 total work experience of the breadwinner, including military service.
On equal grounds with the families of servicemen who died as a result of a military injury, a pension is established for the families of citizens listed in article 35 Law killed as a result of such an injury.
Article 68
A survivor's pension due to a military injury is awarded at the maximum amount established by article 64 Law.
Article 68-1. The amount of the pension on the occasion of the loss of the breadwinner to the parents of the dead (deceased) servicemen who were conscripted for military service
The survivor's pension to the parents of the dead (deceased) servicemen who were in military service by conscription (of the Law) is established for each of the parents in the amount of three minimum old age pension (part one of article 17 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 total work experience of the breadwinner.
Families of deceased pensioners who became disabled due to military trauma are granted pensions according to the rules established by law regardless of the cause of death of the pensioner.
The families of deceased pensioners include those families whose breadwinner died during the period of receiving the pension or no later than five years after the termination of the payment of the pension.
Article 70
The following allowances are established for the pension: for caring for a pensioner - on the conditions and in the amounts provided for article 21 Law; children with disabilities and people with disabilities from childhood of groups I and II who have lost both parents, as well as the indicated children of a deceased single mother - in the amount of the social pension provided for paragraph "a" of article 114 Law.
Article 71. Period for which a pension is established
The pension is established for the entire period during which a family member of the deceased is considered disabled (of the Law).
Article 72
When the number of family members covered by the pension changes, the pension is reviewed 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 the change in the amount of the pension occurred. Upon the occurrence of circumstances that lead to the termination of the payment of the pension, the payment of the pension shall be terminated from the same date.
Article 73
Children who have lost both parents and a single mother who has died for the period of their being on 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 of stay of children in children's institutions on full state support, the difference between the assigned and the pension to be paid to children shall be transferred to the accounts of these institutions.
Article 74. Allocation of a share of a pension
At the request of any family member, his share of the pension is allocated and paid separately. At the same time, the share of the pension for children who have lost both parents and a deceased single mother is determined in the amount established article 62 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 a pension to working pensioners
Working pensioners are paid full pension.
V. Pensions for years of service
Article 77
A retirement pension is established in connection with long-term underground work, other work with especially harmful and difficult working conditions, as well as some other professional activities.
Article 78
Citizens directly employed full-time in underground and open-cast 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 have worked in these jobs for at least 25 years, and workers in the leading professions in these jobs - stope miners, tunnellers, jackhammers, mining machine operators, if they have worked in such jobs not less than 20 years old.
Article 78-1. Conditions determining the right to a pension for long service in connection with work on ships of the fishing industry fleet, sea and river fleet
Pension in connection with work on the ships of the marine fleet of the fishing industry for the extraction, processing of fish and seafood, finished products in the field (regardless of the nature of the work performed), as well as certain types ships of the sea, river fleet and the fleet of the fishing industry is established for men with a length of service of at least 25 years, for women - 20 years.
Article 78-2. Conditions determining the right to a pension for long service in connection with work in professional emergency rescue services, professional emergency rescue teams
Pension in connection with work as a lifeguard in professional emergency services, professional emergency rescue units (according to list positions and specialties approved by the Government of the Russian Federation) can be established regardless of age with a length of service of at least 15 years.
Article 79. Conditions determining the right to a pension in connection with work in civil aviation
Pension in connection with work in the flight and flight test staff is established: for men with a length of service of at least 25 years, for women - at least 20 years; when leaving flight work for health reasons - for men with a length of service of at least 20 years, for women - at least 15 years.
The 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 6 months of work in the direct control of aircraft flights; women - upon reaching the age of 50 and with a total work experience of at least 20 years, of which at least 10 years of work in the direct control of aircraft flights.
Pension in connection with work in the engineering and technical staff for aircraft maintenance is 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 for direct maintenance of aircraft; women - upon reaching the age of 50 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
A pension in connection with teaching activities in schools and other institutions for children is established upon service of at least 25 years.
Article 81
A pension in connection with medical and other work to protect the health of the population is established for at least 25 years of service in countryside and urban-type settlements and at least 30 years in cities.
Article 82
Pension in connection with creative work on the stage in theaters and other theatrical and entertainment organizations and groups is established at 15, 20, 25 or 30 years of service, depending on its nature.
Article 83
Lists of relevant jobs (professions and positions), taking into account which a seniority 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 workers employed in underground and open pit mining) is set at the rate of 55 to 75 percent of earnings. With a length of service equal to the required, the amount of the pension is 55 percent of earnings; for each full year of service in excess of the required, he is increased 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 article 79 Law), the pension is reduced by 2 percent of earnings for each year (including incomplete) that is missing up to full service.
The size of the pension for test pilots of the 1st class is increased by 10 percent. In all cases, the amount of the pension cannot exceed 75 percent of earnings. However, the restrictions set article 86 Laws do not apply.
The pension for workers employed in underground and open-pit mining (of the Law) is set at 75 percent of earnings.
Article 85. Minimum amount of pension
The minimum pension is determined at the level of the minimum old-age pension ( part one of article 17 Law).
The amount of the pension (Part 1 of this article) is increased by one percent for each full year of special seniority (length of service) in excess of that required for granting a pension, but not more than by 20 percent.
Article 86. Maximum amount of pension
The maximum pension is determined at the level of the total maximum old-age pension ( part one of article 18 Law), and for civil aviation flight personnel at the level of three and a half the minimum pension by old age.
The maximum amount of pension (Part 1 of this article) is increased by 1 percent for each full year of special seniority (length of service) in excess of that required for granting a pension, but by no more than 20 percent.
Article 86-1. Pension supplements
A superannuation is established for the superannuation pension, provided for paragraph "c" of the first part of Article 21 Law.
Article 87. Payment of pensions to working pensioners
Pension (except for pensions for workers employed 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 the health of the population in rural areas and urban-type settlements) is paid on the condition of leaving the work (service), taking into account which it was established. When performing other work, the pension is paid in the manner prescribed by part one. article 22 Law.
Pension assigned to workers employed 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 the health of the population in rural areas and urban-type settlements article 78, , Law), are paid in the manner prescribed part one of article 22 Law, regardless of the nature of the work.
VI. Work experience and its calculation
Article 88
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 the special length of service, 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 seniority pension ( Section V Law).
Article 89
The total length of service includes any work as a worker, employee (including work for hire until the establishment 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 the paramilitary guards, in the bodies of special communications or the mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.
The period of creative activity of members of the creative unions of the USSR and the union republics - writers, artists, composers, cinematographers, theatrical figures and others, as well as writers and artists who are not members of the corresponding creative unions, is equated to the above work. The experience of creative activity is calculated in the manner determined by the Government of the Russian Federation.
Article 90
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 of the Russian Federation, as well as the bodies of state security and internal affairs of the former USSR (including during the period when these bodies were called differently), being in partisan detachments during the civil and Great Patriotic wars are included in the total length of service along with the work listed V article 89 Law.
Article 91
Preparing for professional activity- training in colleges, schools and courses for personnel training, advanced training and retraining, in specialized secondary and higher educational institutions, stay in graduate school, doctoral studies, clinical residency is included in the total length of service on a par with the work listed in article 89 Law.
Article 92. Other periods included in the total length of service
The total length of service is included on a par with the work specified in article 89 Law, the following periods:
a) temporary disability that began during the period of work, and disability of groups I and II due to an injury associated with production or an occupational disease;
b) caring for a disabled person of group I, a disabled child, the elderly, if he needs outside care at the conclusion of a medical institution;
c) the care of a non-working mother for each child under the age of three years and 70 days before his birth, but not more than 9 years in total;
d) residence of wives (husbands) of military servicemen under contract, together with their husbands (wives) in areas where they could not work in their specialty due to the 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 in excess of the period appointed 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 the special seniority
When establishing an old-age pension in connection with special working conditions in accordance with article 12 According to the law, the period of disability of groups I and II due to an injury associated with production or an occupational disease is equated to the work at which the specified injury or disease was received.
Article 93
The periods counted in the length of service are calculated according to their actual duration, with the exception of the cases listed in article 94 Law, and special rules for calculating length of service (Law).
Article 94
When calculating the length of service specified in,,, the Law, the following periods of work (service) are calculated on a preferential basis:
a full navigational period in 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 - in double size;
V military units, headquarters and institutions that are part of the army in the field, in partisan detachments and formations during the period of hostilities, as well as the time spent on treatment in medical institutions due to military trauma (Law) - in a triple amount;
in Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - in a triple 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 - in a double amount;
in the regions of the Far North and areas equated to the regions of the Far North - in one and a half size;
military service by conscription - in double size.
Citizens 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 at a triple rate.
Article 95
Citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached the age of 16 by the day of occupation or during its period, the total length of service includes the entire time of their stay at the age of 16 and older in the occupied territory of the USSR or other states, as well as on the territories of states that were at war with the USSR, except when they are in specified period have committed a crime.
For citizens who lived in the city of Leningrad during its blockade (from September 8, 1941 to January 27, 1944), as well as citizens who were prisoners of fascist concentration camps, the time spent respectively in the besieged city of Leningrad and being in concentration camps during the Great Patriotic War is counted in the total length of service in double size, except when they committed a crime during the specified period,
Article 96. Proof of work experience
Length of service acquired prior to registration as an insured person in accordance with federal law"On individual (personalized) accounting in the system of state pension insurance", is established on the basis of documents issued in the prescribed manner by the relevant state and municipal authorities, organizations.
The length of service acquired after registration as an insured person is established on the basis of information from an individual (personalized) account.
Article 97
Work experience (except for work for individual citizens), specified in part one article 89 of the Law, may be established on the basis of the testimony of two or more witnesses, if documents on labor activity are lost due to natural disaster(earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on the basis of witness testimony in case of loss of documents for other reasons (for example, due to their careless storage, deliberate destruction, etc.).
Article 98 foreign citizens in work experience abroad
In the event that foreign citizens or stateless persons and their families require a certain general length of service for the purpose of granting a pension, work abroad is included in such length of service if at least two-thirds of it falls on work in the USSR, unless otherwise provided by the contract.
VII. Calculation of pensions from earnings
Article 99 fixed sums
The pension in connection with labor and other socially useful activities (of the Law) is calculated according to the established norms from the average monthly earnings, except when it is assigned in the appropriate maximum amount to citizens who have become disabled due to a military injury, the families of citizens who died as a result of such an injury ( article 36, Law), as well as children who have lost both parents, and children of a deceased single mother (Law).
For citizens whose pension cannot be calculated from their earnings, it is established in fixed amounts equal to the minimum amounts of the respective pensions.
Article 100. Composition of earnings from which the pension is calculated
Earnings for calculating a pension include all types of payments (income) received in connection with the performance of work (official duties) provided for article 89 Laws for which insurance premiums V Pension Fund Russian Federation.
b) temporary disability benefit;
c) a scholarship paid for the period of study (of the Law).
Article 101
The natural part is estimated according to the state retail prices the period in which wages were paid.
Article 102
The average monthly earnings at the appointment of a pension is determined (at the request of the applicant for a pension): for 24 last months work (service, except for fixed-term 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 the average monthly earnings are calculated are excluded (at the request of the applicant for a pension) incomplete months work in connection with its beginning or termination not from the first day of the month and months (including incomplete ones) of leave provided in connection with caring for a child under the age of three, 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 at the conclusion of a medical institution. In this case, the excluded months are replaced by others immediately preceding the selected period or immediately following it.
The average monthly earnings determined by the first and second parts of this article for the periods prior to registration as an insured person in accordance with federal law"On individual (personalized) accounting in the system of state pension insurance" is established on the basis of documents issued in the prescribed manner by the relevant state and municipal bodies and organizations.
The average monthly earnings for periods after registration as an insured person is established on the basis of information from an individual (personalized) account.
Article 103. The procedure for calculating the average monthly earnings
Average monthly earnings for the periods specified in article 102 Law, 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, the average monthly earnings are calculated by dividing the total 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 hours 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 - with a five-day working week; 25.4 - with 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 the 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 sum of earnings of workers and employees of the corresponding profession and qualifications employed in government organizations and public service organizations.
Members of the creative unions of the USSR and the Union republics, other creative workers (part two article 89 of the Law), the pension is 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 during the entire working life before applying for a pension.
Article 105. Calculation of pensions for citizens - migrants from other countries
The pension for Soviet citizens - migrants 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 qualification in the USSR at the time the pension was awarded.
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, citizens sent to work in institutions and organizations of the former USSR and the Russian Federation abroad or in international organizations, the average monthly earnings, at their request, can be calculated in the manner prescribed by Article 105
The recalculation of the pension is made 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.
Article 107. Recalculation of a pension in connection with an increase in earnings
Each subsequent recalculation is made no earlier than 24 months after the previous recalculation.
Article 108
For the families of deceased pensioners, a pension is calculated (at the request of the person who applied for a pension) from the earnings from which it was calculated to the breadwinner, or from the earnings determined in accordance with this section of the Law.
Article 109. Calculation of a pension upon transfer 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 under the new basis may also be calculated (at the request of the pensioner) from the earnings from which the previously paid pension was determined.
Article 110. Pension increase
The amount of the pension calculated in accordance with this Law shall be increased:
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, but not less than 200 percent of the minimum old-age pension ( part one of article 17 of the Law), Heroes of Socialist Labor - by 50 percent of the pension, 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 Law);
c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Homeland 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 work 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 Law);
h) citizens awarded with the badge "Inhabitant of besieged Leningrad" (with the exception of citizens specified in paragraphs "e", "g" of this article) - 100 percent of the minimum old-age pension ( part one of article 17 Law);
i) citizens who were unreasonably repressed for political reasons and subsequently rehabilitated - by 50 percent of the minimum old-age pension ( part one of article 17 Law).
j) disabled from childhood due to injury, concussion or injury associated with military operations during the Great Patriotic War or with their consequences, receiving an old-age pension, disability or loss of a breadwinner - 100 percent of the minimum old-age pension ( part one of article 17 Law).
Article 111
Supplements to pensions, including minimum and maximum, are accrued after its increase in accordance with article 110 Law.
The pension with supplements is not limited to the maximum amount.
If there are two or more non-working pensioners in the family, each disabled family member who is on their common dependency is taken into account for calculating the allowance only for one of the pensioners, at their choice.
Article 112
The minimum size of labor pensions and social pensions are determined for citizens living in areas where district coefficients are established for the wages of workers and employees, using the appropriate coefficient for the entire period of their residence in these areas. In this case, if different coefficients are established, the coefficient applicable in the given area for workers and employees of non-productive industries is applied.
In the same manner, the maximum amounts of labor pensions are determined for these citizens.
Citizens to whom a pension is assigned in accordance with article 14 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, the amount of the pension determined when it was established taking into account the corresponding regional coefficient is retained. Wherein size limit district coefficient, taking into account which, when these citizens leave the regions of the Far North and areas equated to them, the maximum size said pension 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 from childhood, as well as disabled people of group III; children with disabilities; children under the age of 18 who have lost one or both parents; citizens who have reached the age of 65 and 60 (men and women, respectively).
Medical indications under 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
Social pension is established in the following amounts:
a) disabled people from childhood of groups I and II, disabled people of group I, children with disabilities, 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 application for a pension is considered the day of submission of an application with all necessary documents. When sending an application and documents by mail, the day of circulation is the date of their dispatch.
In cases where not all the documents necessary for granting a pension are attached to the application, the applicant for a pension is given an explanation of which documents he must submit additionally. If they are submitted no later than three months from the date of receipt of the relevant explanation, the day of application is considered the day of filing the application.
The application for the appointment of a pension is considered by the body social protection of the population no later than 10 days after its receipt with all necessary documents or receipt additional documents.
Article 119. Appointment of a pension earlier than the day of applying for it
The corresponding pension is assigned earlier than the day of applying for it ( article 118 of the Law) in the following cases:
old-age pension and superannuation pension - from the date of termination of work (service), if the application for it was followed no later than a month from the date of leaving work;
disability pension - from the day the disability was established, if the application for it was followed no later than 12 months from that day;
survivor's pension - from the date of the death of the breadwinner, if it was followed no later than 12 months from the date of his death; when applying for a pension later, it is appointed a year earlier than the day when the application for it followed.
In all cases, the pension is assigned no earlier than from the day the right to it arises.
Article 120 General rules pension payments
The pension is paid for the current month. Delivery and forwarding of the pension is carried out at the expense of the state.
Article 121
The amount of the assigned pension changes: if 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 the 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.
The 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 is submitted.
Article 122
Pensioners, regardless of the basis of appointment and type of pension, living in state or municipal stationary social service institutions, are paid 25 percent of the assigned pension. During the period of temporary absence of a pensioner in these institutions, he is paid 75 percent of the assigned pension. In this case, the period of temporary absence of a pensioner is 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 a 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 of the pension, for the pensioner himself - 25 percent of the pension.
The difference between the amount of the pension granted and paid in accordance with the first and second parts of this article shall be 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 appropriations and are directed to strengthening their material and technical base and improving 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 a pension not received by a pensioner in a timely manner
The amounts of the assigned pension, not received by the pensioner in a timely manner, are paid for the entire past time, but not more than three years before applying for their receipt.
Pension amounts not received in a timely manner due to the fault of the bodies assigning or paying pensions are paid for the past time without limitation by any period.
Article 124
During the period of imprisonment of a pensioner, according to a court sentence, the payment of the assigned pension is suspended.
Article 125
Pension amounts due to a pensioner and not received due to his death are paid to his heirs on a general basis.
To members of the family of the deceased who carry out the funeral, these amounts are paid before the acceptance of the inheritance.
X. Responsibility of the organization and citizens. Resolution of disputes on pension issues
Article 126
The organization (citizen) is responsible for the accuracy of the information contained in the documents issued for the appointment and payment of a pension.
In cases where the information contained in the documents is incorrect and on their basis a pension was paid, the organization compensates the damage caused to the relevant body of social protection of the population.
Article 127 Their responsibility
The organization is obliged to inform the body that pays the pension about the employment of a pensioner within five days.
The pensioner is obliged to notify the body that pays him a pension of the occurrence of circumstances that entail a change in the amount of the pension or the termination of its payment.
In case of non-fulfillment of the specified obligations and payment in connection with this excess amounts pensions, the organization and the pensioner compensate the relevant body of social protection of the population for the damage caused.
Article 128
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 for which the survivor's pension is paid, etc.) may be deducted 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 on a pension in accordance with the legislation, the pensioner retains at least 50 percent of the pension due.
In the event of termination of payment of the pension, the remaining debt is collected in court.
Article 129. Disputes on pension issues
Disputes on the appointment and payment of pensions, deductions from pensions, recovery of overpaid pension amounts are resolved higher authority social protection of the population. If a citizen (organization) does not agree with the decision taken by this body, the dispute is resolved in the manner prescribed by the legislation on civil proceedings.
XI. Procedure for Enacting the Law "On State Pensions in the Russian Federation"
Article 130. Term for the entry into force of the Law
This Law shall enter into force: in terms of pensions for war invalids and other participants in the war (including civilians), families of fallen servicemen, citizens who were unreasonably repressed for political reasons and subsequently rehabilitated, the minimum amount of labor pensions, pensions for children - round 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 related to the size of pensions and the procedure for calculating pensions and earnings ( section VII Law) - since 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 part one of Article 17 Law, not counting the allowances to them.
Article 131
Citizens who, under the terms and norms of this Law, have the right to a higher pension, the pension is assigned (recalculated) in accordance with the Law.
The recalculation of the pension is made 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 the Law.
If by the time of recalculation additional documents are submitted, in particular on earnings, that meet the requirements of the Law, then the recalculation of the pension is made taking into account such documents.
Article 132
Upon submission of additional documents 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. In this case, the recalculation of the pension is made from the day the Law enters into force, but not more than 12 months in advance (the month of submission of documents is excluded).
In the case of submission of these documents after July 1, 1993, the pension is recalculated on the general basis established article 121 Law.
Article 133
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 remains in the previously established amount, but not lower than the minimum old-age pension established by this Law.
In the same manner, the pension established after the entry into force of this Law under the conditions and norms of the previous legislation is paid.
Article 133-1. Inclusion in the special length of service, taking into account which the old-age pension is established, the time of work giving earlier the right to a pension for preferential terms
The time of underground work performed before January 1, 1992, work with harmful working conditions and in hot shops, as well as other work with difficult working conditions, giving until January 1, 1992 the right to receive a pension on preferential terms, is included in the special seniority , taking into account which the old-age pension is assigned on a par with the work indicated, respectively, in paragraphs "a" and "b" of Article 12 of this Law.
Article 134. Recalculation of previously assigned personal pensions
Since November 21, 1990, the further appointment of personal pensions has been suspended on the territory of the Russian Federation.
Personal pensions granted on the territory of the Russian Federation before November 21, 1990 are canceled from January 1, 1992. Citizens who received such pensions before they were canceled, from January 1, 1992, pensions are established in accordance with current legislation on common grounds for all other citizens.
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29.11.18
Letter of the Ministry of Economic Development of Russia No. 32363-VA/D23i of November 7, 2018 "On the application of the provisions of Federal Law No. 218-FZ of July 13, 2015 and Federal Law No. 340-FZ of August 3, 2018, in part cadastral registration And state registration rights to objects of individual housing construction and garden houses"
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
ABOUT APPLICATION
CADASTRAL REGISTRATION AND STATE REGISTRATION OF RIGHTS
ON OBJECTS OF INDIVIDUAL HOUSING CONSTRUCTION
AND GARDEN HOUSES
On August 4, 2018, 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" (hereinafter referred to as Federal Law No. 340-FZ), which introduced notification procedure for the construction of individual housing construction facilities (hereinafter referred to as the IZHS facility) instead of the previously existing permitting procedure, as well as certain provisions of the Federal Law of July 13, 2015 N 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 by citizens of gardening and horticulture for own needs and on amendments to certain legislative acts of the Russian Federation" (hereinafter - Federal Law N 217-FZ), which, in particular:
the Federal Law of April 15, 1998 N 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" (hereinafter - Federal Law N 66-FZ) is recognized as invalid;
the concepts of "dacha land plot", "residential building" are excluded from the legislation;
the concept of "garden house" is introduced (paragraph 2 of article 3
a garden house may be recognized as a residential house, a residential house may 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);
permitted uses land plots"garden land", "for horticulture", "for gardening", "dacha land", "for dacha farming" and "for dacha construction"contained in the One state register real estate (hereinafter - USRN) and (or) specified 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 N 217-FZ);
buildings located on garden land plots, information about which was entered in the USRN before the date of entry into force of Federal Law N 217-FZ with the designation "residential", "residential building", are recognized residential buildings(Part 10 of Article 54 of Federal Law N 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 facility", "residential building", "individual residential building" apply in one sense, unless otherwise provided by federal laws and regulatory legal acts 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, the state cadastral registration of the created objects of individual housing construction, 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 authorized for the issuance of building permits. Applications by these authorities are submitted to in electronic format, the application must be accompanied by:
notification of the completion of construction or reconstruction of an individual housing construction or garden house;
a technical plan submitted by the developer along with a notice of completion of construction or reconstruction of an individual housing construction or garden house to the state authority, local government authorized to issue building permits;
agreement on the determination of shares in the right of a common fractional ownership for the constructed or reconstructed IZHS object or garden house, concluded between the owners of the land plot, if the land plot on which the IZHS object 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 or garden house must include, among other things, information on 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 apply to the registration authority in case of failure by the state authority or local government authorized to issue construction permits, the above obligation. At the same time, 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 building permits (part 1.2 of Article 19 of Federal Law N 218-FZ).
information that the notification of the completion of construction or reconstruction of the individual housing construction or garden house, on state cadastral registration and (or) state registration of the rights of which the application was submitted, was not sent (or returned without consideration and is considered not sent) by the developer to the state authority or body local government authorized to issue building permits (paragraph 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 summer cottage land plots.
In this case, it is also not required 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 IZHS facility, the developer shall notify the executive authority or local government that issued the permit for the construction of the IZHS facility, in accordance with Part 16 of Article 55 of the Town Planning Code (Part 4 of Article 16), of the completion of construction or reconstruction of the IZHS facility. Federal Law N 340-FZ).
IN this case consideration of a notice of completion of construction or reconstruction of an individual housing construction project is carried out in accordance with 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 the constructed or reconstructed IZHS facility with the requirements of the legislation on urban planning is allowed only if the IZHS facility does not comply with the requirements of the building permit for the IZHS facility.
To the notice of completion of construction, the developer must attach, among other documents, a technical plan for the construction this object IZHS.
In these cases, information about the IZHS object, with the exception of information about the location of the IZHS object on the land plot and its area, is indicated in the technical plan based on:
or a building permit and project documentation for such an object (if any);
or a building permit and a declaration of a real estate object, provided for by Part 11 of Article 24 of Federal Law No. 218-FZ (as amended by Federal Law No. 340-FZ) (if project documentation was not prepared).
When considering documents submitted by a state authority authorized to issue construction permits or a local government body with an application for state cadastral registration and state registration of rights to the created IZHS 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 accounting and registration actions due to the lack of notification of the planned construction (reconstruction) of the IZHS facility, since in this case, when preparing the technical plan, a construction permit is applied.
Also, if an application for the implementation of state cadastral registration and state registration of rights was submitted by the owner of the land prior to the entry into force of Federal Law N 340-FZ, such an application and the documents attached to it, including in the event of suspension of registration actions, must be considered in accordance with 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 facility on a land plot intended for individual housing construction or for running a personal subsidiary plot, within the boundaries of a settlement, was started before obtaining a building permit in the prescribed manner and before the entry into force of Federal Law N 340- Federal Law, the right holder of such a land plot has the right to send to those authorized to issue building permits until March 1, 2019 federal agency executive authority, an executive authority of a constituent entity of the Russian Federation or a local self-government body provided for by Part 1 of Article 51.1 of the Town Planning Code (as amended by Federal Law N 340-FZ) notification of planned construction or reconstruction on the corresponding land plot of an individual housing construction facility (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 right holder of the land plot sends the notice of completion of construction or reconstruction provided for in part 16 of Article 55 of the Town Planning Code, and consideration of such 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 building 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 rule allows for state cadastral registration and state registration of rights to residential buildings, the construction of which was started (including started and completed) before the date of entry into force of the said Law, without a building permit (despite the requirements of Article 51 of the Town Planning Code in the version in force before August 4, 2018), subject to submission before March 1, 2019 year of the relevant notification to the authorized body. At the same time, the totality of these facts (lack of a construction permit, commencement of construction without a construction permit, absence of a permit to put an object 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 provided for and the Town Planning Code (as amended by Law N 340-FZ).
7. Concerning the preparation of a technical plan for an individual housing construction or a garden house, the construction of which has not been completed.
9. Concerning the forms of notifications required for the construction or reconstruction of an individual housing construction or garden house.
Other news
What is signed about the property 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: the Civil, Land, Urban Planning Codes, the Federal Law “On State Registration of Real Estate” and related 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 buildings (Federal Law No. 258-FZ dated July 13, 2015), and Federal Law No. 339-FZ dated August 03, 2018 and 340-FZ actually summarize the law enforcement practice on unauthorized buildings over the past three years, and also set a new direction for it.
At the same time, the state continues the inconsistency of its changes on unauthorized buildings, starting with the preservation of provisions on them in civil law.
Article 222 of the Civil Code on unauthorized buildings 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 canceled) the provisions of civil law on unauthorized buildings.
The state, on the one hand, legislative changes and by numerous court decisions denies the very right of unauthorized construction, the acquisition of rights to unauthorized buildings, their use, on the other hand, it retains the provisions on them and on the conditions for their legalization in the chapter of the Civil Code on the acquisition of property rights, with abundant use of land and town 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 make it difficult not only to apply them, but also to search.
Of the specific provisions of 339-FZ and 340-FZ, we note the following:
- The “coordination” of construction, canceled in 2015, returned to Article 222 of the Civil Code, the absence of which is a self-sufficient sign of unauthorized construction. With whom the agreement - as before, is not specified. The legislation provides for at least two dozen coordinators 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 under 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 these restrictions on the land plot belonging to him." Of course, this ignorance is the subject of proof and is unlikely to be confirmed if the restrictions on development were provided for by officially published regulations, for example, land use and development rules. Obviously, this innovation means restrictions or prohibitions on construction in different zones with special use of territories (ZOUIT). Indeed, in practice there are many disputes as to whether the POIT was established around specific objects, from what date, by the appropriate authority, etc. Buildings in ZUIT now have a better chance of not being demolished.
- The powers of local self-government bodies to demolish unauthorized buildings out of court are limited. Now they are not entitled to demolish unauthorized buildings on land plots of private owners, "except in cases where the preservation of such buildings creates a threat to the life and health of citizens"; residential and garden houses; buildings, the rights to which are registered in Rosreestr. For the demolition of such unauthorized buildings, it is necessary judgment. Bodies of state land supervision, construction supervision, nature supervision and other state supervision are instructed to report to the local government at the location of the unauthorized construction about it, and to that - the behavior in connection with such a report, in particular, a ban on making changes to the land use and development rules to legalize the unauthorized construction, to accept a decision to demolish the unauthorized structure or apply to the court for the demolition of the unauthorized structure.
- Introduced the procedure for the withdrawal of land from unauthorized construction. It is allowed to provide "non-private", incl. previously seized, a land plot with unauthorized construction through an auction, and the obligation to demolish it is imposed on the purchaser of such a land plot.
- The case on the dispute on the demolition of an unauthorized structure "should 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 in the Code of Civil Procedure. And up to them in last years the courts in most cases made decisions on the demolition of unauthorized buildings. Now such decisions, given the judges' workload and lack of time to study the circumstances of the cases, will make such a majority overwhelming.
- It is fixed that the body for registering rights to real estate, if its fault 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 to be 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 the building, incl. to protect it from demolition, in practice turned out to be irrelevant, since the registration of buildings in Rosreestr did not prevent decisions on their demolition as unauthorized, i.e. illegal, and attempts to recover significant losses from Rosreestr were unsuccessful in the courts.
Along with the provisions on unauthorized buildings, 340-FZ introduced fundamentally new provisions on individual residential and garden houses (hereinafter referred to as IZHS), in particular:
The new concept of IZHS. Now the height of IZHS can be up to twenty meters. It is not indicated that IZHS is intended for single-family residence, but it is established that IZHS is not intended to be divided into independent real estate objects. The area of IZHS in meters is not specified.
IZHS are exempted from building permits, and hence from registration of the GPZU and the scheme for the planning organization of the land plot, which was previously required. But at the same time, IZHS has been made the subject of state construction supervision and its recognition as an unauthorized construction is not ruled out. Instead of a permit for the construction of individual housing construction, rules have been introduced for issuing notifications about the planned and built individual housing construction, but with refusal grounds.
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 right holders, if the linear object is needed for the needs 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 introduced 341-FZ chapter of the Land Code on public easements for linear facilities are in many respects similar to the provisions of the chapter of the Land Code on the seizure of land plots for public needs for linear facilities, introduced by Federal Law No. 499-FZ of December 31, 2014.
- Canceled public hearings on public easement.
- A public easement to a land plot is considered established from the date of entering information about it in the USRN on the basis of a decision authorized body on its establishment, and not from the date of the subsequent agreement on a public easement between the owner of the land plot and the person placing a linear object on it on the terms of a 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 legal challenge public easement.
- The right holder of the land plot has the right to submit a claim for the redemption of a land plot excessively burdened with a public easement to the owner of such an easement, and not to the body that established it.
The possibility of building linear facilities on the category of agricultural land without prior transfer of 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 assignment to the category of industrial and other land special purpose, without making a decision on the transfer or assignment of such a land plot to a certain category of land. 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.
So far, the provisions different types ZOUIT were in the dozens regulations with weak generalization. 342-FZ introduced these generalizations.
The main innovations of 342-FZ:
- Types of POIT are exhaustively listed; for the first time, they include minimum distances to main gas pipelines.
- In relation to all POUIT, a requirement has been introduced to consider them established from the date of entering their borders into the USRN, but no later than 2022, the rules for entering the boundaries of ZOUIT into the USRN and notification of the establishment of POUIT of the land owners that have fallen into them are specified in detail.
- New rules for indemnification of property rights holders in ZOUIT due to their establishment, incl. in cases of imposing different types of ZOUIT on the land plot.
Also 342-FZ out of touch with ZOUIT:
- Expanded the list of grounds for refusing to amend a building permit.
- He ordered that a list of all types of permitted use of land plots established in the rules for land use and development be entered into the register of borders of the USRN.
Evaluating all these federal laws as a whole, we believe that they are more in line with the interests of various bodies(officials) and not individuals. Some bills in the interests of private individuals were rejected.
In particular, there are still wide opportunities for recognizing buildings as unauthorized, but the possibility of building some objects on some land plots is not expanding, for example, individual housing constructions on agricultural land farms, which was allowed until 2003: the State Duma recently rejected another bill on this. The expansion of the grounds for refusing to amend the building permit is also in no way recognized in the interests of private developers.
The 2014 government bill to abolish 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 activities, incl. for which the state has issued licenses, in particular, subsoil use.
The cancellation of permits for the construction of IZHS was outweighed by a “notice”, which in fact is not a notification, but an application for permission to build IZHS, since grounds have been introduced for the “authorized body” in response to such a notification to refuse to build IZHS with a message about it 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 frightened the recognition of individual housing construction as unauthorized construction in an accelerated (one month) court order.
A public easement for locating a linear facility as amended by 341-FZ means that network or other organizations that place linear facilities (pipelines, cables, overhead lines) can quickly and unexpectedly for the owner of a land plot “come” to almost any land plot, and its the owner will have to part with his plans for its use or bargain / sue the "networker". At the same time, there have so far been very few court decisions on the demolition of linear facilities as unauthorized structures.
A linear object on the terms of a public easement is inevitably followed by its security zone, i.e. ZOUIT, which will further limit the use of its land plot, and the losses from the ZOUIT have to be proven.