Social security law. Cheat sheet: briefly, the most important

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Social security law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents

Concept, subject, method, system and sources of social security law
Norms of social security law: concept, structure and classification
Insurance: social, medical and pension. Insurance funds
The concept, types, procedure for calculating and confirming the length of service
Pensions: concept, types, purpose and calculation
The concept and organization of individual (personalized) accounting
Old-age pension: concept, terms of appointment and size
Disability: general characteristics, procedure and conditions for recognizing a person as disabled
Disability pension for citizens and military personnel: concept, terms of appointment and size
Survivor's pension for families of citizens and military personnel: concept, purpose, size
Seniority pension: concept, types and conditions of appointment
Pension provision for civil servants
Life allowance (additional life support)
Pensions for victims of radiation or man-made disasters
Social pensions: concept, terms of appointment and size
Payment of pensions to citizens leaving (left) for permanent residence outside the Russian Federation
Social assistance: concept, types, order of appointment and size
The concept and types of state social benefits
Allowances for citizens with children and allowance for caring for a child until he reaches the age of one and a half years
Maternity Benefit
Monthly child allowance
One-time allowance for women registered with medical institutions in the early stages of pregnancy
One-time childbirth allowance
Burial allowance
Temporary disability benefit: concept, types, procedure for appointment and payment, size
Certificate of temporary incapacity for work
Benefits in connection with accidents at work and occupational diseases
The procedure and conditions for recognizing citizens as unemployed
Unemployment benefit: concept, procedure for appointment and payment, size
Financial assistance to the unemployed: concept, types and forms, procedure for appointment and provision, size
Allowance for non-working spouses of military personnel
Benefits paid to internally displaced persons and refugees
Benefits assigned to low-income families and low-income citizens living alone
Allowances for persons involved in the performance of special tasks related to the implementation of measures to combat terrorism
Benefits to citizens in the event of post-vaccination complications
Compensation for the maintenance of children and compensation for children in care
Compensation for working mothers and female military personnel for the period of parental leave
Compensation for students, graduate students who are on academic leave for medical reasons
Compensation for food for citizens studying in educational institutions
Compensation for able-bodied non-working persons caring for the disabled, the elderly or children
Compensation payments to refugees and forced migrants
Compensation payments to low-income families and low-income citizens living alone
Compensation for citizens affected by exposure to radiation
Compensation for rehabilitated victims of political repression and persons subjected to Nazi persecution
Compensation to persons working and living in the regions of the Far North and equivalent areas
Compensation when sending employees on business trips and when moving to work
Compensation to employees in the performance of state or public duties
Compensation for employees who combine work with training
Employee compensation related to termination of an employment contract
Social services: concept, types and organization
Social services for the elderly and disabled
Rehabilitation of the disabled: concept, program
Prosthetic-orthopedic and drug care
The concept and types of guarantees in the field of social and labor relations
Social protection of HIV-infected people and members of their families
Social protection of heroes of the Soviet Union, heroes of the Russian Federation, full holders of the Order of Glory and veterans

1. CONCEPT, SUBJECT, METHOD, SYSTEM AND SOURCES OF SOCIAL SECURITY LAW

At present, social security should be understood as a form of expression of the social policy of the state aimed at providing material support for certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state at this stage of its development as socially significant, in order to equalize the social position these citizens compared to other members of society.

The subject of social security law includes several groups of social relations:

1) relations on social security of citizens in monetary form (pensions, allowances, compensation payments);

2) relations for the provision of various social services (social services for the elderly, the disabled, children, families with children, refugees and internally displaced persons, medical care, benefits for certain categories of citizens);

3) procedural and procedural relations related to the establishment of legal facts, as well as the implementation and protection of the right to one or another type of social security. These relations, as a rule, precede (procedural), accompany (procedural and procedural) or follow (procedural) from the relations included in the first two groups. The method of social security law is a set of techniques and methods of legal regulation of social relations on social security, the specificity of which is due to the distributive nature of these relations. Social security law uses two methods: imperative and dispositive.

The system of social security law consists of two parts: general and special.

The general part covers the provisions and norms relating to all social security relations, and consists of general legal institutions, the norms of which in a concentrated form reflect the specifics of a given industry and are fundamental to all social relations included in the subject of the industry.

In the structure of the special part of social security law, a complex of independent institutions has been formed:

seniority, pensions, benefits and compensation payments, insurance against industrial accidents and occupational diseases, social services, medical assistance and treatment, establishing legal facts, resolving complaints and disputes, upon occurrence of legal liability.

Sources: norms of international acts, the Constitution of the Russian Federation, federal laws of the Russian Federation, by-laws! (decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation), municipal and local regulations.

2. STANDARDS OF THE LAW OF SOCIAL SECURITY: CONCEPT, STRUCTURE AND CLASSIFICATION

The norm of social security law is a certain obligatory rule of conduct, sanctioned by the state and provided by its coercive force, which regulates relations arising from material security and social services for socially unprotected segments of the population.

The structure of this rule is:

1) hypothesis;

2) disposition;

3) sanction.

The peculiarity of the structure of the norms of social security law lies in the fact that often only a hypothesis and a disposition are found in one norm, while the sanction is contained in another norm or in another legal act.

The classification of these norms is carried out on various grounds: 1) by content:

a) substantive norms that fix the actual content of the legal rights and obligations of participants in legal relations on social security;

b) procedural norms, expressed in direct legal regulation of the implementation of rights and obligations in the field of social security and procedural forms of judicial protection of these rights;

2) by the nature of the impact on the subjects of legal relations:

a) binding norms that categorically establish the obligation of a person to adhere to certain behavior and perform certain actions;

b) prohibiting norms, i.e., establishing the obligation of a person to refrain from performing certain actions;

c) authorizing norms that fix the possibility of participants in legal relations to act within the framework of the requirements of the norm of social security law;

3) depending on the methods of legal regulation:

a) imperative norms (mandatory rules of conduct supported by measures of state coercion);

b) dispositive norms (possibility of choice);

c) incentive norms (stimulating socially useful behavior);

d) recommendatory norms (the most acceptable behavior for the state and society);

4) depending on the scope of action:

a) general norms (apply to several categories of social security relations);

b) special norms (apply to one category of legal relations on social security);

5) depending on the time of action, there are:

a) permanent standards;

b) temporary rules.

3. INSURANCE: SOCIAL, MEDICAL AND PENSION. INSURANCE FUNDS

In accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies", the Ministry of Health and Social Development of the Russian Federation coordinates and controls the activities of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Fund medical insurance.

In accordance with the provisions enshrined in the Federal Law of December 15, 2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation", the Pension Fund of the Russian Federation is recognized as an insurer that provides compulsory pension insurance. Employers' insurance contributions are credited to the Pension Fund of the Russian Federation as the sum of the unified social tax.

The funds of the budget of the Pension Fund of the Russian Federation have a designated purpose and are directed to:

1) payment in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation of labor pensions and social benefits for the burial of deceased pensioners who did not work on the day of death, transfer of funds in an amount equivalent to the amount of pension savings accounted for in the special part of the individual personal account of the insured person, in a non-state pension fund chosen by the insured person to form the funded part of the labor pension;

2) the delivery of pensions, which are paid at the expense of the budget of the Pension Fund of the Russian Federation. The Social Insurance Fund of the Russian Federation (FSS RF) manages the funds of the state social insurance of the Russian Federation and is a specialized financial and credit institution under the Government of the Russian Federation.

Compulsory health insurance is provided by the Federal Compulsory Medical Insurance Fund.

The main tasks of the Federal Fund are:

1) ensuring the financial stability of the system of compulsory medical insurance and creating conditions for equalizing the volume and quality of medical care provided to citizens throughout the Russian Federation within the framework of the basic program of compulsory medical insurance;

2) accumulation of financial resources of the Federal Compulsory Medical Insurance Fund to ensure the financial stability of the compulsory medical insurance system.

4. CONCEPT, TYPES, PROCEDURE FOR CALCULATION AND CONFIRMATION OF WORK EXPERIENCE

Seniority is the total duration of not only labor, but also other socially useful activities (both paid and unpaid, regardless of where and when it took place and whether there were breaks in it), as well as other periods specified in the law .

The work experience has quantitative and qualitative characteristics. The quantitative characteristic of the length of service is its duration; a qualitative characteristic reflects the nature and conditions in which labor activity takes place (harmfulness, severity, danger, etc.).

There are several types of work experience:

1) general work experience;

2) insurance experience:

a) mixed insurance experience;

b) special insurance experience;

3) special work experience;

4) continuous work experience. The calculation of the insurance period required to acquire the right to a labor pension is made on a calendar basis. When calculating the insurance period, the periods of work and (or) other activities before the registration of a citizen as an insured person are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies. After registering a citizen as an insured person, the insurance period is confirmed on the basis of information from an individual (personalized) record.

The main document confirming the periods of work under an employment contract before registration as an insured person is a work book.

The periods of work under a civil law contract, the subject of which is the performance of work or the provision of services, are confirmed by the specified contract.

The period of care of one of the parents for each child until he reaches the age of one and a half years is confirmed by documents certifying the birth of the child and the achievement of the age of one and a half years.

Establishment of periods of work on the basis of witness testimony is carried out by the decision of the body providing pensions.

Calculation of periods of work, including on the basis of witness testimony, and (or) other activities, as well as other periods, is carried out in a calendar order based on a full year (twelve months). At the same time, every thirty days of these periods are converted into months, and every twelve months of these periods are converted into full years.

In case of coincidence in time of periods of work and (or) other activities included in the insurance period, and other periods counted in the insurance period, at the choice of the person who applied for the establishment of a pension, one of such periods is taken into account, confirmed by an application indicating the selected for inclusion in the insurance experience period.

5. PENSIONS: CONCEPT, TYPES, PURPOSE AND CALCULATION

Pension - a monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of their labor pension or lost disabled family members of the insured persons in connection with the death of these persons, the right to which is determined in accordance with the conditions and norms established by federal law .

Among the documents required for the appointment of a labor pension, the most important are documents confirming the length of service. Such experience is the total length of time for paying insurance premiums.

The insurance period is calculated in a calendar order and is confirmed by documents. The work book of the established form is the main document on the work activity and length of service of the employee. The pension is made without any restrictions directly by the body providing pensions, or by the organization of the federal postal service, credit or other organization at the request of the pensioner.

The payment of labor pension is made for the current month.

A labor pension is assigned from the date of applying for the specified pension, but in all cases not earlier than from the day the right to the specified pension arises (clause 1, article 19 of the Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation" ).

The day of applying for a labor pension is the day when the body responsible for providing pensions receives the relevant application with all the necessary documents. If the specified application is sent by mail and at the same time all the necessary documents are attached to it, then the day of applying for a labor pension is the date indicated on the postmark of the federal postal organization at the place of sending this application (clause 2, article 19 of the Federal Law "On labor pensions in RF").

The payment of labor pension is suspended in the following cases:

1) in case of non-receipt of the established labor pension for six consecutive months - for the entire period of non-receipt of the pension, moreover, starting from the first day of the month following the month in which the period expired;

2) if the disabled person fails to appear at the appointed time for re-examination to the body of the State Service for Medical and Social Expertise - for three months, and starting from the first day of the month following the month in which the specified period expired.

Types of pensions: for old age; by disability; on the occasion of the loss of a breadwinner; for years of service; victims of radiation or man-made disasters; social pension; citizens leaving (left) for permanent residence outside the Russian Federation; diplomatic workers; pensions for persons held in correctional facilities; pensions in the regions of the Far North, etc.

6. CONCEPT AND ORGANIZATION OF INDIVIDUAL (PERSONALIZED) ACCOUNTING

Individual, i.e. personalized, accounting is the organization and maintenance of records of information about each insured person for the implementation of pension rights in accordance with the legislation of the Russian Federation.

The goals of individual (personalized) accounting are:

1) creation of conditions for the appointment of labor pensions in accordance with the results of the work of each insured person;

2) ensuring the reliability of information about the length of service and earnings (income), which determine the size of the labor pension in the process of its assignment;

3) creation of an information base for the implementation and improvement of the pension legislation of the Russian Federation, as well as for the appointment of labor pensions based on the length of service of insured persons and their insurance premiums;

4) development of the interest of insured persons in paying insurance premiums to the Pension Fund of the Russian Federation;

5) creation of conditions for control over the payment of insurance premiums by insured persons to the Pension Fund of the Russian Federation;

6) simplification of the procedure and acceleration of the procedure for assigning labor pensions to insured persons.

The body that carries out individual (personalized) accounting in the system of compulsory pension insurance is the Pension Fund of the Russian Federation.

On the territory of the Russian Federation, for each insured person, the Pension Fund of the Russian Federation opens an individual personal account with a permanent insurance number containing control digits that allow you to identify errors made when using this insurance number in the accounting process.

The individual personal account of the insured person is stored in the Pension Fund of the Russian Federation throughout the life of the insured person, and after his death - for the period stipulated by the procedure for storing pension files.

The Pension Fund of the Russian Federation and its territorial bodies issue to each insured person an insurance certificate of compulsory pension insurance containing the insurance number of an individual personal account, the date of registration as an insured person and personal data.

An individual who independently pays insurance premiums receives an insurance certificate of compulsory pension insurance directly from the Pension Fund of the Russian Federation at the place of his registration as an insurant.

Policyholders submit to the bodies of the Pension Fund of the Russian Federation at the place of their registration information on insurance premiums paid on the basis of accounting data, and information on insurance experience - on the basis of orders and other documents on personnel records. The policyholder must provide information about each insured person working for him once a year, but no later than March 1.

7. OLD-AGE PENSION: CONCEPT, CONDITIONS OF ASSIGNMENT AND AMOUNT

Main characteristics of the old age pension:

1) a pension is a monthly payment;

2) a pension is a cash payment;

3) a pension is paid in order to compensate citizens for lost earnings or other income;

4) the right to it, as well as all the conditions and norms of appointment are determined by law - this is the most important sign of a pension, guaranteeing its payment and affecting the predictability of its size for each individual recipient.

Old-age pensions are divided into labor pensions and state pensions. Labor pensions are those financed at the expense of employers (insured) and employees (insured) received in the form of the corresponding part of the unified social tax and insurance contributions to the Pension Fund of the Russian Federation, i.e. from the payroll fund. State pensions are pensions funded directly from federal tax revenues.

An old-age pension can consist of three parts:

1) basic;

2) insurance;

3) cumulative.

The amount of the basic part of the labor pension

old age is set in the amount of 1794 rubles. per month. For persons who have reached the age of 80 or who are disabled and have a third-degree disability, the amount of the basic part of the old-age labor pension is set at 3588 rubles. per month.

For persons who are dependent on disabled family members, the amount of pension is calculated in the following amounts:

1) if there is one such family member - 2392 rubles. per month;

2) if there are two such family members - 2990 rubles. per month;

3) if there are three or more such family members - 3588 rubles. per month.

The amount of the insurance part of the old-age labor pension is determined by the formula:

MF = PC / T,

where SCH is the insurance part of the old-age pension; PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the insurance part of the pension is assigned; T is the number of months of the expected period for the payment of an old-age labor pension, which is equal to 228 months (i.e. 19 years).

The amount of the basic and insurance parts of the old-age labor pension cannot be less than 660 rubles. per month.

The size of the funded part is determined by the formula:

LF = PN / T,

where PN is pension savings; T is the expected period. Men who have reached the age of 60 and women who have reached the age of 55 are entitled to an old-age labor pension. An old-age labor pension is assigned if there is at least 5 years of insurance experience.

8. DISABILITY: GENERAL CHARACTERISTICS, PROCEDURE AND CONDITIONS FOR RECOGNIZING A PERSON AS A DISABLED PERSON

Disability is defined as 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 to significant difficulties in life.

Disabled person - a person who has a health disorder with a persistent disorder of body function, caused by diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection.

Life restriction is understood as the loss of a completely (partially) citizen of the opportunity to carry out self-service, move independently, navigate, communicate, control their behavior, study and engage in labor activity.

The recognition of a person as a disabled person is carried out by the federal institution of medical and social expertise.

When establishing disability for medical reasons, the limitation of the ability to work of the first, second or third degree is determined.

Depending on the degree of impairment of body functions and limitation of life activity, a person recognized as disabled is assigned the first, second or third group of disability, and a person under the age of eighteen years is classified as a "disabled child".

The conditions for recognizing a citizen as a disabled person in accordance with clause 5 of Decree of the Government of the Russian Federation of February 20, 2006 No. 95 "On the procedure and conditions for recognizing a person as disabled" are:

1) a health disorder with a persistent disorder of body functions due to diseases, consequences of injuries or defects;

2) limitation of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in labor activity);

3) the need for social protection measures, including rehabilitation.

When establishing a disability group, the degree of disability is taken in conjunction with other disabilities, and when determining the first disability group, the issue of disability is not taken into account at all. The criterion for establishing the first group of disability is a health disorder with a persistent, significantly pronounced disorder of body functions, which leads to a pronounced limitation of at least one of these categories of life activity: the ability to self-service, to move, orientation, communication, control one's behavior, etc. .

The decision to recognize a person as a disabled person or to refuse such recognition is taken by the full composition of experts who make an expert decision, by a simple majority of votes.

9. DISABILITY PENSION FOR CITIZENS AND MILITARY PERSONNEL: CONCEPT, CONDITIONS OF APPOINTMENT AND Amount

Disability pensions are divided into labor pensions, which are assigned to insured citizens, and state pensions, which are assigned to military personnel, participants in the Great Patriotic War, citizens affected by radiation and man-made disasters.

A labor disability pension is established in the event of a disability in the presence of a third, second or first degree limitation of the ability to work, determined for medical reasons.

Such a pension is established regardless of the cause of disability, the duration of the insurance period of the person, the continuation of labor activity by the disabled person, and whether the disability occurred during the period of work, before entering work or after the termination of work.

A disability pension may consist of the following parts:

1) basic;

2) insurance;

3) cumulative.

The size of the basic part of the labor disability pension, depending on the degree of limitation of the ability to work, is established in the following amounts:

1) at the third degree - 3588 rubles. per month;

2) at the second degree - 1794 rubles. per month;

3) at the first degree - 897 rubles. per month.

The insurance part of the labor disability pension is determined by the formula:

MF = PC / (T × K),

where SCH is the insurance part of the labor pension;

PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the insurance part of the labor pension is assigned to him. In this regard, insurance premiums are taken into account until the date of establishment of disability;

T is the number of months of the expected period for the payment of an old-age labor pension;

K - the ratio of the standard duration of the insurance period as of the specified date to one hundred and eighty months.

The funded part (NC) of the disability pension is determined by the formula:

LF = PN / T,

where PN - the amount of pension savings of the insured person;

T is the number of months of the expected period for the payment of an old-age labor pension.

Disability pension is assigned to military personnel who became disabled during their military service by conscription as soldiers, sailors, sergeants and foremen or no later than three months after dismissal from military service or in case of disability later than this period, but due to injury, concussion, injuries, diseases that were received during military service.

The very fact of the absence of a connection between an injury or illness and the performance of duties of military service is determined by military medical commissions.

10. FAMILY PENSION FOR CITIZENS AND MILITARY SERVICEMEN: CONCEPT, PURPOSE, SIZE

The loss of a breadwinner is understood as the death or absence of a breadwinner, which is confirmed by a death certificate issued by the registry office, or established by the court.

Disabled members of the family of the deceased breadwinner, who were dependent on him, have the right to a labor pension in the event of the loss of a breadwinner. One of the parents, spouse or other family members is granted a pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the missing breadwinner is certified in the prescribed manner (Article 9 of the Federal Law "On labor pensions in the Russian Federation").

Family members of the deceased breadwinner are recognized as being dependent on him if they were fully supported by him or received assistance from him, which was a permanent and main source of livelihood.

The size of the basic part of the labor pension in case of loss of the breadwinner is established in the following amounts:

1) children who have lost both parents, or children of a deceased single mother (orphans) - 1794 rubles. per month (for each child);

2) to other disabled members of the family of the deceased breadwinner - 897 rubles. per month (for each family member).

The amount of the insurance part of the labor pension in case of loss of a breadwinner for each disabled family member is determined by the formula:

MF \uXNUMXd PC / (T × K) / KN,

where SCH is the insurance part of the labor pension in case of loss of the breadwinner;

PC - the amount of the estimated pension capital of the deceased breadwinner, taken into account as of the day of his death;

T is the number of months of the expected period of payment of the old-age pension;

K - the ratio of the standard duration of the insurance experience of the breadwinner (in months) as of the day of his death to one hundred and eighty months;

KN - the number of disabled family members of the deceased breadwinner.

The size of the labor pension in case of loss of a breadwinner is determined by the formula:

P = BC + SC, where P is the size of the labor pension in case of loss of a breadwinner;

BC - the basic part of the labor pension in case of loss of the breadwinner; SCh - the insurance part of the labor pension in case of loss of the breadwinner. In the event of the death of military personnel during the period of military service by conscription as soldiers, sailors, sergeants and foremen, or no later than three months after dismissal from military service, or in case of death later than this period, but due to injury, concussion, injury, disease, which received during the period of military service, disabled members of their families are assigned a pension in the event of the loss of a breadwinner.

11. PENSION FOR SERVICE: THE CONCEPT, TYPES AND CONDITIONS OF APPOINTMENT

The retirement pension is a special special type of pension. It is assigned, as a rule, regardless of reaching retirement age, to those who have been engaged in certain professional activities for a long time, associated with the risk of premature professional aging.

A retirement pension is assigned to federal civil servants, military personnel and categories equated to them in terms of pension provision (prosecutors, employees of the customs authorities of the Russian Federation, tax police, employees of institutions and bodies of the penitentiary system).

The main legal fact with which the right to a seniority pension is associated is a special length of service (length of service) of a statutory duration.

Federal and municipal civil servants in accordance with paragraph 1 of Art. 7 of the Federal Law of December 15, 2001 No. 166-FZ "On State Pension Provision in the Russian Federation", if they have at least fifteen years of civil service experience, they are entitled to a seniority pension.

For persons who were dismissed from service upon reaching a certain age of service, for health reasons or in connection with organizational measures, reached the age of forty-five years on the day of dismissal and have a total length of service of at least twenty-five calendar years, of which at least twelve years and six months

constitutes military service or service in the internal affairs bodies and service in the state fire service, and service in the bodies for controlling the circulation of narcotic drugs and psychotropic substances, and service in institutions and bodies of the penitentiary system, the pension is 50% of earnings. At the same time, 1% of earnings are accrued for each additional year of service.

To the superannuation pension, allowances for care are established (for disabled people of the first group or those who have reached the age of eighty) in the amount of 100% of the total minimum old-age pension.

In the event of the re-employment of the above-mentioned persons who received a pension, upon their subsequent dismissal from the service, the payment of their pension is resumed based on the length of service and seniority on the day of the last dismissal.

The minimum amount of a superannuation pension cannot be less than 100% of the calculated pension.

There is no maximum retirement pension.

The same conditions, norms and procedure for establishing pensions for length of service are extended to prosecutors and investigators, scientific and pedagogical workers, employees of bodies and institutions of the Prosecutor's Office of the Russian Federation.

12. PENSION SECURITY FOR PUBLIC EMPLOYEES

A civil servant is entitled to a retirement pension.

Federal civil servants with at least fifteen years of civil service are entitled to a seniority pension upon dismissal from the federal civil service on the following grounds:

1) to liquidate federal and other government bodies formed in accordance with the laws of the Russian Federation, and to reduce the staff of federal civil servants in federal government bodies and their apparatuses;

2) upon dismissal from positions approved in accordance with the procedure established by the legislation of the Russian Federation to directly ensure the execution of the powers of persons holding public positions in the Russian Federation, in connection with the termination of their powers by these persons;

3) upon reaching the age limit established by federal law for filling a position in the federal civil service;

4) on the revealed inconsistency of the substituted position of the federal civil service, which prevents the continuation of service, due to the state of health;

5) upon dismissal of their own free will in connection with retirement.

The superannuation pension is established in addition to the old-age (disability) labor pension and is paid simultaneously with it.

Federal civil servants are assigned a pension for long service if they have at least fifteen years of civil service in the amount of 45% of the average monthly salary of a federal civil servant, deducting the basic and insurance parts of the old-age (disability) labor pension.

For each full year of public service in excess of fifteen years, the seniority pension is increased by 3% of the average monthly earnings. The total sum of the superannuation pension and the specified parts of the old-age pension may not exceed 75% of the employee's average monthly earnings.

The amount of the pension for persons who have held positions in the federal service is calculated at their choice based on the average monthly allowance for the last twelve full months of the federal state service preceding the day of its termination or the day they reach the age that gives them the right to an old-age pension.

In addition to the salary, state and municipal employees are paid monthly allowances:

1) for the qualification category;

2) for special conditions of public service;

3) for major government positions - in the amount of 120 to 150% of the official salary;

4) for leading positions - from 90 to 120% of the salary;

5) for senior positions - from 60 to 90% of the salary;

6) for junior positions - up to 60% of the salary;

7) for long service.

13. LIFETIME MAINTENANCE (ADDITIONAL LIFETIME MAINTENANCE)

Decree of the President of the Russian Federation of November 30, 1992 "On additional material support for citizens for special services to the Russian Federation" introduced additional material support for certain categories of citizens. This material security is called a non-personal pension, an addition to a regular pension. Such an additional payment is established personally by order of the President of the Russian Federation in the amount of up to ten minimum wages.

In accordance with the Law of the Russian Federation of June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation", retired judges are provided with a lifelong monthly allowance.

The right to a monthly monetary life allowance is granted to:

1) retired judges with at least twenty years of experience as a judge;

2) retired judges with less than twenty years of service, when they reach the age of fifty-five years (men) and fifty years (women);

3) former judges who have retired due to age from the position of a judge or after the expiration of their term of office, with at least twenty years of judicial work experience;

4) retired former judges with at least ten years of judicial work experience.

For a retired judge who has more than 20 years of service in this position, the monthly life allowance is increased at the rate of: for each year of work experience over 20 years - 1% of the specified content, but not more than 85% of the salary of the judge holding the corresponding position.

Retired judges disabled by war injury are entitled to a monthly life allowance and disability pension.

Deputies of the State Duma and members of the Federation Council hold public office and are entitled to a pension supplement.

A citizen who has been a member of the State Duma for at least a year is entitled to a monthly pension supplement. The size of the deputies' pension cannot be less than 75% of the deputies' monthly salary.

Upon reaching retirement age, regardless of how much time has passed since the moment of exercising deputy powers, an additional payment is established to the former deputy, equal to 55% of the monthly monetary remuneration together with the pension and 75% - in case of exercising the powers of a deputy for more than three years. With an increase in remuneration, the additional payment of the pension also increases accordingly.

Heroes of the Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory - participants in the Great Patriotic War are provided with additional lifelong monthly material support in the amount of ten times the minimum old-age pension.

14. PENSIONS FOR VICTIMS DUE TO RADIATION OR MAN-MADE DISASTERS

The following have the right to a pension (clause 1, article 10 of the Federal Law "On State Pension Provision in the Russian Federation"):

1) citizens who have received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the disaster at the Chernobyl nuclear power plant or work to eliminate the consequences of this disaster;

2) citizens who became disabled as a result of the disaster at the Chernobyl nuclear power plant;

3) citizens who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in the exclusion zone;

4) citizens employed in the operation of the Chernobyl nuclear power plant and work in the exclusion zone;

5) citizens evacuated from the exclusion zone and resettled (relocated) from the resettlement zone;

6) citizens permanently residing in the area of residence with the right to resettlement;

7) citizens permanently residing in the zone of residence with a preferential socio-economic status;

8) citizens permanently residing in the resettlement zone prior to their resettlement to other areas;

9) citizens employed in works in the resettlement zone (not residing in this zone);

10) citizens who voluntarily left for a new place of residence from the zone of residence with the right to resettlement;

11) disabled members of the families of citizens specified in subpara. 1, 2 and 3, paragraph 1 of this article.

A survivor's pension is assigned regardless of the length of service of the deceased breadwinner, if the breadwinner belonged to the following categories of citizens:

1) who received or suffered from radiation sickness and other diseases;

2) who became disabled as a result of the disaster at the Chernobyl nuclear power plant;

3) who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in the exclusion zone.

An old-age pension and a survivor's pension for family members of citizens affected by radiation or man-made disasters are assigned in the amount of 250% of the basic part of the old-age labor pension for citizens who have reached the age of sixty and fifty-five years; citizens living or working in the corresponding zone of radioactive contamination - 200% (clauses 1, 3, article 17 of the said Federal Law).

Disability pension for citizens who become disabled as a result of the Chernobyl disaster or as a result of other radiation or man-made disasters is paid in the amount of 250% of the basic part of the disability labor pension (clause 2, article 17 of the said Federal Law).

Citizens residing in regions and localities in which regional coefficients are set for wages, pensions in case of loss of a breadwinner are established with the corresponding regional coefficient. When they leave these areas for a new permanent place of residence, the amount of the pension is determined without taking into account the regional coefficient (clause 4, article 17 of the said Federal Law).

15. SOCIAL PENSIONS: CONCEPT, CONDITIONS OF ASSIGNMENT AND AMOUNT

A social pension is established for disabled citizens who, for some reason, have not acquired the right to another type of pension (clause 4, article 5 of the Federal Law "On labor pensions in the Russian Federation").

The grounds for the appointment of a social pension are different: the onset of disability III, II, I degree, the onset of disability in childhood, the death of one or both parents of a child under the age of eighteen, reaching old age. According to Art. 5 of the Federal Law "On State Pension Provision in the Russian Federation" a social pension is assigned to disabled citizens.

Disabled citizens (Article 2 of the said Federal Law) - disabled people, including disabled people from childhood, disabled children, children under 18 years old (as well as older than this age, but not more than 23 years old), who have lost one or both parents, citizens from among small peoples of the North who have reached the age of 55 and 50 (men and women, respectively), citizens who have reached the age of 65 and 60 who are not entitled to a pension provided for by the Federal Law "On labor pensions in the Russian Federation".

The social pension is established as follows:

1) 100% of the basic part of the old-age labor pension for those who have reached the age of 60 and 55 and belong to the following categories of citizens:

a) citizens from among the small peoples of the North who have reached the age of 55 and 50 years;

b) citizens who have reached the age of 65 and 60, who are not entitled to a labor pension;

c) disabled people with limited abilities for labor activity of the second degree (with the exception of disabled people from childhood);

d) children under 18 who have lost one of their parents. For the last two categories of citizens, the size of the social pension has been slightly increased and cannot be less than 470 rubles. per month;

2) 100% of the base part of the labor disability pension for the following categories of citizens:

a) disabled since childhood, having limited ability to work III and II degree;

b) persons with disabilities who have a third degree limitation of their ability to work;

c) disabled children;

d) children under the age of 18 who have lost both parents;

e) children of a deceased single mother;

3) 85% of the size of the basic part of the old-age labor pension for those who have reached the age of 60 and 65 and belong to the following category of citizens: disabled people with a first-degree disability.

Citizens living in regions and localities in which regional coefficients are set for wages, social pensions are established taking them into account. When they leave these areas for a new permanent place of residence, the amount of the pension is determined without taking into account the regional coefficient, no allowances for social pensions are accrued (clauses 1, 2, article 18 of the Federal Law "On State Pension Provision in the Russian Federation").

16. PAYMENT OF PENSIONS TO CITIZENS LEAVING (LEVATED) FOR PERMANENT RESIDENCE OUTSIDE THE RF

According to Art. 1 Federal Law of March 6, 2001 No. 21-FZ "On the payment of pensions to citizens leaving for permanent residence outside the Russian Federation" citizens leaving for permanent residence outside the Russian Federation and having the right to receive state pensions in accordance with the legislation of the Russian Federation by the day of departure , before leaving, at their request, the amounts of assigned state pensions in connection with labor and other socially useful activities or service are paid in Russian rubles for six months in advance.

Citizens leaving (leaving) for permanent residence outside the territory of the Russian Federation and having (had) by the day of departure the right to receive state pensions on the basis of their written applications, the amount of state pensions assigned in connection with labor and other socially useful activities or service may be transferred for border in foreign currency at the ruble exchange rate established by the Central Bank of the Russian Federation on the day of the operation. In this case, the transfer is made from the month following the month of departure of the citizen outside the Russian Federation, but not earlier than from the day until which the state pension was paid in connection with labor and other socially useful activities or service in Russian rubles (paragraphs 1, 2 of Art. 2 of the considered Federal Law).

Expenses for the payment of state pensions are made from the sources at the expense of which the payment of state pensions was carried out on the territory of the Russian Federation (paragraph 3, article 2 of the Federal Law in question).

Upon the return of citizens for permanent residence in the Russian Federation, the amounts of assigned state pensions in connection with labor and other socially useful activities or service, the right to receive which was available by the day of departure outside the territory of the Russian Federation, which were not received during permanent residence outside the Russian Federation, are paid in the manner established by the legislation of the Russian Federation for the payment of a state pension not received by a pensioner in a timely manner (Article 4 of the Federal Law in question).

Citizens who leave for a permanent place of residence outside the Russian Federation, a pension can be paid on the territory of the Russian Federation, regardless of the date of their departure from the Russian Federation, moving from one state to another and place of residence. An application for the payment of a pension in the territory of the Russian Federation in the required form and documents are submitted to the body that provided pensions to a citizen in the territory of the Russian Federation.

The body that provides pensions to a citizen on the territory of the Russian Federation, after receiving all the necessary documents, checks the correctness of the calculation of the pension and resumes or restores the payment of pensions on the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

17. SOCIAL ASSISTANCE: CONCEPT, TYPES, PROCEDURE OF APPOINTMENT AND SIZE

In cases where citizens do not have the means of subsistence minimum, they are provided with social assistance: cash payments (pensions, allowances, subsidies and various compensations), free or partially paid (preferential) services (at home, in a hospital, etc. .), in-kind assistance (fuel, food, clothing, footwear, medicines, etc.).

State social assistance is aimed at maintaining the standard of living of those categories of the population whose average per capita income, for reasons beyond their control, is below the subsistence level established in the constituent entity of the Russian Federation.

The source of financing social assistance is the funds of the federal budget and budgets of other levels, the main principle of distribution of which is the principle of targeted and rational use of funds.

Targeted social assistance may be provided at a time for a period of at least three months. Types of this assistance: social benefit, subsidy, compensation.

A social benefit is a certain amount of money that is provided free of charge to a poor person at the expense of budget funds.

A subsidy is a targeted payment for material goods or services provided to a poor person.

Compensation is the reimbursement of expenses incurred by a poor person.

State social assistance is appointed by the competent authority for social protection of the population at the place of residence or at the place of stay of the poor person on the basis of his application. It must contain information about the composition of the family, income and property owned by the family on the right of ownership. This information should be examined by the commission.

Need is a financial situation in which the individual income of a person or the average per capita income of a family, for reasons beyond their control, is below the subsistence level. In this case, these persons are recognized as poor and have the right to receive state social assistance.

Social assistance is the payment of social pensions and many types of compensation payments that are not provided specifically (regardless of the level of individual income or average per capita income). Firstly, they are assigned to persons who have not acquired the right to any labor pension, who do not have earnings or labor income (for example, those who are on forced leave without pay, etc.), i.e. they are the main source of funds for them existence. Secondly, the budgets of various levels serve as a source of their financing. Thirdly, their sizes are correlated with the established minimum wage, and not with the previous earnings or labor income of the applicant.

18. CONCEPT AND TYPES OF STATE SOCIAL BENEFITS

The system of state benefits in the Russian Federation has undergone significant changes in recent years due to socio-economic transformations in the country, which have led to profound changes in all spheres of public life: the economy, politics, and the social structure of society. Therefore, at present, there is a need to develop new mechanisms that ensure the rational use of funds for the social protection of citizens.

Benefits are cash payments that are assigned to citizens every month, periodically or at a time in cases established by the legislation of the Russian Federation, in order to compensate for lost earnings or provide additional material assistance. Benefits, unlike pensions, are usually assistance that temporarily replaces lost earnings or supplements the main source of livelihood.

The current legislation provides for the following types of benefits:

1) allowance for temporary disability;

2) allowance for pregnancy and childbirth;

3) a one-time allowance for women registered with medical institutions in the early stages of pregnancy;

4) a one-time allowance for the birth of a child;

5) monthly allowance for the period of parental leave until the child reaches the age of 1,5 years;

6) monthly allowance for a child;

7) one-time allowances for citizens from among orphans;

8) unemployment benefit;

9) a one-time allowance for medical workers infected with the human immunodeficiency virus in the performance of their official duties;

10) a one-time allowance to citizens in the event of a post-vaccination complication;

11) a one-time allowance to citizens involved in the fight against terrorism;

12) monthly allowance for the children of dead (missing) servicemen;

13) monthly allowance to the spouses of servicemen undergoing military service under a contract;

14) one-time and monthly benefits to citizens who have completed military service upon dismissal from military service;

15) a one-time allowance for forced migrants;

16) a one-time allowance for refugees;

17) burial allowance.

Types of social security benefits can be classified on various grounds:

1) for the intended purpose (benefits that compensate for earnings in full or in part, and benefits provided as additional material assistance);

2) by the duration of the payment (one-time, monthly, periodic);

3) according to the source of their payment (benefits from off-budget funds, benefits from the state budget, etc.).

19. BENEFITS TO CITIZENS WITH CHILDREN AND BENEFITS FOR THE CARE OF A CHILD UNTIL THEY REACH THE AGE OF ONE AND A HALF YEARS

Types of state benefits for citizens with children (Article 3 of the Federal Law of May 19, 1995 No. 81-FZ "On state benefits for citizens with children"):

1) allowance for pregnancy and childbirth;

2) a one-time allowance for women registered with medical institutions in the early stages of pregnancy;

3) a one-time allowance for the birth of a child;

4) monthly allowance for child care;

5) monthly allowance for a child, etc.

The following persons are entitled to a monthly allowance for the period of parental leave until the child reaches one and a half years of age:

1) mothers or fathers, other relatives and guardians who actually care for the child, subject to compulsory social insurance and on parental leave;

2) mothers undergoing military service under a contract, mothers or fathers serving as private and commanding officers of internal affairs bodies, the State Fire Service, employees of institutions and bodies of the penitentiary system, bodies for controlling the circulation of narcotic drugs and psychotropic substances , customs authorities and those on parental leave;

3) mothers or fathers, other relatives, guardians, actually caring for the child, from among the civilian personnel of military units of the Russian Federation located in the territories of foreign states in cases provided for by international treaties of the Russian Federation, who are on parental leave;

4) mothers or fathers, other relatives, guardians, actually caring for the child, dismissed during parental leave in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers of private notaries and the termination of the status of a lawyer, and also in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contracts in military units located outside the Russian Federation, as well as mothers dismissed during parental leave in connection with the transfer of her husband from such units to the Russian Federation;

5) mothers dismissed during pregnancy, maternity leave in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activity in accordance with federal laws is subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contract in military units located outside the Russian Federation, or in connection with the transfer of her husband from such units to the Russian Federation, etc.

20. PREGNANCY AND BIRTH BENEFITS

Not all pregnant women and women in childbirth are entitled to benefits, but only those who are on maternity leave. The circle of persons entitled to receive benefits for pregnancy and childbirth:

1) women subject to compulsory social insurance, as well as women dismissed in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activity in accordance with federal laws is subject to state registration and (or) licensing, within 12 months preceding the day they were recognized as unemployed in the prescribed manner;

2) women studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate professional education;

4) women from among the civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation; 5) women, the categories of which are established by this article, when they adopt a child (children).

The allowance for pregnancy and childbirth is established in the amount of:

1) average earnings (income) at the place of work for the last 12 calendar months preceding the month of maternity leave, taking into account the conditions established by federal laws and other regulatory legal acts of the Russian Federation on compulsory social insurance, - for women subject to compulsory social insurance , as well as women from among the civilian personnel of the military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation;

2) 300 rubles - to women / dismissed in connection with the liquidation of organizations, the termination by individuals of their activities as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities are in accordance with federal subject to state registration and (or) licensing by laws, within 12 months preceding the day they were recognized as unemployed in the prescribed manner;

3) scholarships - for women studying full-time in educational institutions of primary vocational, secondary vocational and higher professional education and institutions of postgraduate professional education, etc.

21. MONTHLY CHILD BENEFIT

The purpose of the monthly allowance for a child is to provide state assistance in the maintenance and upbringing of children who, due to their age, cannot participate in the process of social production.

One of the parents, adoptive parents, is entitled to the allowance for each child born, adopted or taken under guardianship of a child living with him until he reaches sixteen years of age.

It should also be noted that, in accordance with Art. 16 of the Federal Law "On State Benefits to Citizens with Children", the amount, procedure for assigning and paying monthly child benefits are established by laws and other regulatory legal acts of a constituent entity of the Russian Federation. The right to benefits does not depend on the employment of parents, guardians and caregivers.

The right to a monthly allowance for a child has one of the parents in families with an average per capita income, the amount of which does not exceed the subsistence level of a constituent entity of the Russian Federation.

It should be said that the monthly allowance for a child is assigned and paid regardless of whether he receives any type of pension: in case of loss of a breadwinner, social, alimony, and other social payments, with the exception of funds that are paid for the maintenance of a child under guardianship.

The monthly child allowance may be paid simultaneously with the maternity allowance or simultaneously with the

allowance for the care of a child until he reaches one and a half years.

The list of documents that are provided for receiving benefits is established by laws and other regulatory legal acts of the constituent entity of the Russian Federation.

Most often, these documents include:

1) an application for the appointment of a monthly allowance for a child, drawn up in writing, indicating information about the family's income;

2) a certificate from the social protection authority at the place of residence of the other parent, confirming that he did not receive benefits;

3) a copy of the child's birth certificate;

4) certificate from the place of residence of the child on his cohabitation with the parent;

5) a certificate of study in a general education institution for a child over sixteen years of age. To assign a monthly allowance for a child who is under guardianship, in addition to those documents, the following must also be submitted:

1) an extract from the decision of local authorities on the establishment of guardianship over the child;

2) a certificate from the educational authorities on non-receipt of financial support for the child, etc.

In the event of circumstances that entail the termination or resumption of the payment of benefits or the termination of the payment of benefits in an increased amount, the payment of benefits is terminated, resumed or made in a modified amount from the month following the one in which the specified circumstances occurred.

22. ONE-TIME BENEFITS FOR WOMEN REGISTERED IN MEDICAL INSTITUTIONS IN EARLY PREGNANCY

The allowance for women who are registered with medical institutions in the early stages of pregnancy is considered as one of the types of state benefits, the intended purpose of which is to contribute to the timely medical examination of pregnant women and the prevention of complications during pregnancy and childbirth.

This allowance is a lump-sum cash payment, which is assigned in addition to the maternity allowance.

The circle of persons entitled to receive a lump-sum allowance:

1) women subject to compulsory social insurance, as well as women dismissed in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activity in accordance with federal laws is subject to state registration and (or) licensing, within twelve months preceding the day they were recognized as unemployed in the prescribed manner;

2) women studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate professional education;

3) women undergoing military service under a contract, serving as private and commanding personnel in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penitentiary system, in bodies for controlling the circulation of narcotic drugs and psychotropic substances, in customs authorities, etc. Women registered with medical institutions in the early stages of pregnancy are entitled to benefits (Article 9 of the Federal Law "On State Benefits to Citizens with Children").

The right to benefits is confirmed by a certificate from the antenatal clinic or other medical institution that registered the woman within the specified time frame.

A one-time allowance for women registered with medical institutions in the early stages of pregnancy is paid in the amount of 300 rubles. (Article 10 of the Federal Law "On State Benefits to Citizens with Children").

The lump-sum allowance is assigned and paid simultaneously by the method for pregnancy and childbirth at the place of its destination, if the certificate of registration for pregnancy is submitted simultaneously with the documents that are necessary for the assignment of the pregnancy and childbirth allowance, or within ten days after the certificate of registration is provided .

The allowance for working women is established in the amount of average earnings at the place of work. For persons with fixed wages, the allowance is calculated from the monthly salary, the daily or hourly tariff rate and the average monthly amount of bonuses.

For women with piecework wages, the allowance is calculated from their average earnings for the last two calendar months, adding to the earnings of each month the average monthly amount of bonuses.

23. ONE-TIME BENEFITS FOR THE BIRTH OF A CHILD

A one-time allowance for the birth of a child is one of the types of state benefits for citizens with children, designed to compensate for one-time increased family expenses associated with the birth of a child.

The right to a one-time allowance at the birth of a child has one of the parents or a person replacing him. At the birth of two or more children, an allowance is assigned and paid for each of them (Article 11 of the Federal Law "On State Benefits to Citizens with Children").

The allowance is assigned and paid if the birth of a child is registered with the registry office in the prescribed manner. Upon registration, a child's birth certificate is issued, which is the basis for receiving benefits.

In determining eligibility for benefits, general restrictions apply. For example, the allowance is not assigned when the child is in full state care; if the person who applies for the allowance is deprived of parental rights.

The allowance is assigned to one of the parents or a person replacing them at the place of work, and if the parents do not work, then the allowance is assigned and paid in the social protection authorities at the place of residence of the child. Its size is 8000 rubles. (Article 12 of the said Federal Law).

For the appointment and payment of a one-time allowance for the birth of a child, the following are submitted:

1) an application for granting benefits;

2) certificate of birth of a child issued by the civil registry office;

3) a certificate from the place of work (service, study) of the other parent that the allowance was not assigned, if both parents work (serve, study);

4) extracts from the work book, military ID or other document about the last place of work (service, study), certified in the prescribed manner - if the appointment and payment of benefits are carried out by the body of social protection of the population;

5) an extract from the decision on the establishment of guardianship over the child (a copy of the court decision on adoption that has entered into legal force, a copy of the agreement on the transfer of the child (children) for upbringing to a foster family) - for a person replacing parents (guardian, adoptive parent, foster parent);

6) a copy of an identity document with a note on the issuance of a residence permit or a copy of a refugee certificate - for foreign citizens and stateless persons permanently residing on the territory of the Russian Federation, as well as for refugees - if the assignment and payment of benefits are carried out by the authority social protection of the population, etc. A one-time allowance for the birth of a child is paid no later than 10 days from the date of submission of all necessary documents.

A one-time allowance for the birth of a child is paid:

1) working persons, as well as non-working and non-student persons - at the expense of the Social Insurance Fund of the Russian Federation;

2) to persons studying full-time in educational institutions of primary vocational secondary vocational and higher vocational education, in institutions of postgraduate professional education - at the expense of the Social Insurance Fund of the Russian Federation allocated to these institutions in the prescribed manner, etc. (clause 26 of the above provisions).

24. FUNERAL ALLOWANCE

After his death, each person is guaranteed burial, taking into account his will, the provision of a free plot of land for burying the body (remains) or ashes in accordance with the laws (clause 1, article 7 of the Federal Law of January 12, 1996 No. 8-FZ "On burial and funeral case").

Spouse, close relatives, other relatives, legal representative or other person who has assumed the obligation to carry out the burial of the deceased, in accordance with Art. 9 of the said Federal Law guarantees the provision of the following burial services free of charge:

1) registration of documents necessary for burial;

2) provision and delivery of a coffin and other items necessary for burial;

3) transportation of the body (remains) of the deceased to the cemetery (crematorium);

4) burial (cremation followed by the issuance of an urn with ashes).

The listed burial services are provided by a specialized funeral service.

If the burial was carried out at the expense of the spouse, close relatives, other relatives, the legal representative of the deceased or another person who assumed the obligation to carry out the burial of the deceased, they are paid a social allowance for burial in an amount equal to the cost of burial services, but not exceeding 1000 rubles.

In areas and localities where a regional coefficient for wages is established, this limit is determined using the regional coefficient (clause 1, article 10 of the specified Federal Law).

The payment of social benefits for burial is made on the day of application on the basis of a death certificate:

1) the body in which the deceased received a pension;

2) the organization in which the deceased worked or one of the parents or another family member of the deceased minor works;

3) the body of social protection of the population at the place of residence in cases where the deceased did not work and was not a pensioner, and in the event of the birth of a dead child after one hundred and ninety-six days of pregnancy (clause 2, article 10 of the said Federal Law).

The social allowance for burial is paid if the application was followed no later than six months from the date of death. The payment of social benefits for burial is made, respectively, at the expense of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, and the budgets of the constituent entities of the Russian Federation. The federal budget reimburses the Pension Fund of the Russian Federation for expenses related to the payment of social benefits for the burial of deceased pensioners who have issued a pension ahead of schedule at the suggestion of the employment service (clause 3, article 10 of the said Federal Law).

Currently, the constituent entities of the Russian Federation have the right to establish additional payments to the burial allowance, which is provided for by the Federal Law, and to pay them from their own sources.

25. BENEFITS FOR TEMPORARY INABILITY TO WORK: CONCEPT, TYPES, PROCEDURE FOR APPOINTMENT AND PAYMENTS, Amount

A temporary disability benefit is a certain cash payment that is made at the expense of the Social Insurance Fund of the Russian Federation and compensates for the earnings lost by an employee during temporary release from work due to illness and for other socially significant reasons provided for by the Federal Law.

This is the main benefit, which is assigned to all employees, regardless of the place of work, its nature, system, payment procedure, as well as to other persons, provided that they were subject to compulsory social insurance during the period of work.

The right to temporary disability benefits arises for the employee, firstly, as a result of disability during the period of work, including during probation and the day of dismissal. Persons who fall ill while traveling to their place of work are entitled to benefits if during this period they were entitled to wages, daily allowances or payment of the cost of moving expenses.

Secondly, the right to benefits arises if the fact of temporary disability is confirmed by a sick leave. The sick leave, issued in the prescribed manner, is the only document on the basis of which benefits are paid.

Temporary disability benefit is issued:

1) in case of illness of the employee himself;

2) in the case of his sanatorium treatment;

3) in case of illness of a family member in case of need to care for him;

4) in case of temporary transfer to another job due to tuberculosis or occupational disease;

5) in case of prosthetics with placement in a hospital of a prosthetic and orthopedic enterprise. As a general rule, benefits are issued from the first day of disability until its full restoration or disability is established, even if the relevant employee was dismissed during this period of time.

In case of domestic injury, the allowance is issued from the sixth day of incapacity for work. If the injury was the result of a natural disaster or an anatomical defect of the victim, the allowance is issued for all days of release from work, certified by a sick leave.

The allowance is issued to working disabled persons for up to four consecutive months or five months in a calendar year. The allowance for temporary and seasonal workers due to an employment injury or occupational disease is issued on a general basis, and due to other reasons - no more than seventy-five calendar days in advance.

In the event of temporary incapacity for work due to an employment injury or occupational disease, the amount of the benefit is always 100% of earnings, regardless of any additional circumstances.

26. CERTIFICATION OF TEMPORARY INABILITY TO WORK

The basis for the appointment of temporary disability benefits is a sick leave or a certificate of incapacity for work.

The sick leave is a confirmation of temporary disability for citizens of the Russian Federation, foreign citizens, stateless persons, refugees and internally displaced persons working in the territory of the Russian Federation. Sick leave certificates are also issued to the unemployed and former conscripts and citizens whose disability occurred within a month after dismissal from service or dismissal from work for good reasons.

A certificate of incapacity for work, and in some cases certificates of the established form (to students), are issued to the indicated persons in case of diseases and injuries, for the period of medical rehabilitation, if necessary to care for a sick family member, child, for the quarantine period, during maternity leave, during prosthetics in the conditions of a prosthetic and orthopedic hospital.

The right to issue certificates of incapacity for work has the attending physicians of the state, municipal and private health care systems on the basis of a special permit (license) to conduct an examination of temporary incapacity for work upon presentation by a citizen of an identity document.

In case of illnesses and injuries, the attending physician shall issue a sick leave individually and at a time for up to ten calendar days and may extend it up to thirty calendar days. Doctors who are engaged in private medical practice outside a medical institution are entitled to issue documents certifying temporary incapacity for work for a period not exceeding thirty days.

If temporary disability lasts more than thirty days, then the decision on further treatment is made by the clinical expert commission (CEC), appointed by the head of the medical institution.

A document certifying disability due to diseases (injuries) must be issued on the day the disability was established, including on holidays and weekends.

In the event of temporary incapacity for work during a period of unpaid leave, maternity leave, partially paid leave to care for a child until he reaches the age of one and a half years, a sick leave is issued from the date of the end of these holidays.

When two or more children fall ill at the same time, one certificate of incapacity for work is issued to care for them. Leaves of incapacity for work are not issued for the care of chronic patients during remission, during the period of the next vacation, leave without pay, maternity leave, partially paid leave to care for a child.

27. BENEFITS FOR WORKING ACCIDENTS AND OCCUPATIONAL DISEASES

Federal Law No. 24-F1998 of July 125, 3 "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" provides for the following types of benefits in connection with industrial accidents and occupational diseases:

1) temporary disability benefit is an insurance payment that is awarded in connection with damage to health as a result of an accident at work or an occupational disease and is paid at the expense of funds for compulsory social insurance against accidents at work and occupational diseases;

2) a one-time allowance is an insurance payment that is assigned to the insured person or persons who are entitled to receive such payment in the event of his death, in the amount established depending on the minimum wage. The lump-sum allowance is paid at the expense of the funds indicated earlier;

3) monthly allowance is an insurance payment that is assigned to the insured person or persons who are entitled to receive such payment in the event of his death. Its size depends on the degree of disability and earnings of the insured and it is paid at the expense of the previously indicated funds.

One-time and monthly allowances are assigned and paid to the insured if, according to the conclusion of the institution of medical and social expertise, the result of the occurrence of the insured event was the loss of his professional ability to work, as well as to persons entitled to receive them, if the result of the occurrence of the insured event was the death of the insured. One-time and monthly benefits to persons entitled to receive insurance payments in connection with the death of the insured are assigned from the date of his death, but not earlier than the acquisition of the right to receive insurance payments (parts 1, 2, article 10 of the specified F3).

Assignment of benefits and compensations is carried out by the insurer on the basis of the application of the insured, his authorized representative or a person entitled to receive appropriate insurance coverage.

An accident report is drawn up for each accident at work. Labor injury or occupational disease must be confirmed by a medical and social examination.

The temporary disability benefit due to an accident at work or an occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of a permanent loss of professional ability to work in the amount of 100% of his average earnings (Article 9 of the specified F3).

28. PROCEDURE AND CONDITIONS FOR RECOGNIZING CITIZENS UNEMPLOYED

The unemployed are able-bodied citizens who do not have work and earnings, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start it (Article 3 of the Law of the Russian Federation of April 3, 19 No. 1991-1032 "On employment in the Russian Federation).

The decision to recognize a citizen registered for the purpose of finding a suitable job as unemployed is made

bodies of the employment service at the place of residence of a citizen no later than eleven days from the date of presentation to the bodies of the employment service of a passport, work book or documents replacing them, documents certifying his professional qualifications, a certificate of average earnings for the last three months at the last place of work, and for the first time job seekers and those who do not have a profession - a passport and a document on education (part 2 of article 3 of this law).

If it is impossible for the employment service to provide suitable work to citizens within ten days from the date of their registration in order to search for a suitable job, these citizens are recognized as unemployed from the first day of presentation of these documents (paragraph 3, part 2, article 3 of this law).

Citizens cannot be recognized as unemployed:

1) under the age of sixteen;

2) who, in accordance with the legislation of the Russian Federation, have been assigned an old-age labor pension;

3) within ten days from the date of their registration with the employment service in order to find a suitable job from two options for a suitable job, including temporary work, and those who are looking for a job for the first time and at the same time do not have a profession - in the event of two refusals to receive vocational training or from offered paid work, including work of a temporary nature. A citizen cannot be offered the same job twice;

4) who, without good reason, did not appear within ten days from the date of their registration in order to search for a suitable job at the employment service authorities to offer them a suitable job, as well as those who did not appear within the time period established by the employment service authorities for registering them as unemployed;

5) sentenced by court decision to corrective labor without deprivation of liberty, as well as to punishment in the form of deprivation of liberty;

6) those who submitted documents containing deliberately false information about the absence of work and earnings, as well as those who submitted other false data to recognize them as unemployed;

7) employed citizens (Part 3, Article 3 of this Law).

Citizens who, in accordance with the established procedure, are denied recognition of their unemployed, have the right to re-apply to the employment service authorities a month from the date of refusal to resolve the issue of recognizing them as unemployed (part 4 of article 3 of this Law).

29. UNEMPLOYMENT BENEFIT: CONCEPT, PROCEDURE OF APPOINTMENT AND PAYMENTS, Amounts

The decision to grant unemployment benefits is made simultaneously with the decision to recognize a citizen as unemployed. Unemployment benefits are accrued to citizens from the first day they are recognized as unemployed (parts 2, 3 of article 31 of this Law).

Each period of payment of unemployment benefits may not exceed twelve months on a cumulative basis within eighteen calendar months.

The total period of payment of unemployment benefits to a citizen may not exceed twenty-four calendar months in total terms within thirty-six calendar months.

Unemployment benefits are paid on a monthly basis, subject to the re-registration of the unemployed within the terms established by the employment service authorities, but not more than twice a month (Part 1, Article 30 of this Law).

According to Part 1 of Art. 30 of this Law, unemployment benefit to citizens dismissed from organizations for any reason during the twelve months preceding the onset of unemployment, who during this period had paid work for at least twenty-six calendar weeks on a full-time (working week) or part-time basis (working week) with recalculation for twenty-six calendar weeks with a full working day (working week) and recognized as unemployed, is accrued:

1) in the first (twelve-month) payment period:

a) in the first three months - in the amount of 75% of their average monthly earnings (monetary allowance) calculated for the last three months at the last place of work;

b) in the next four months - in the amount of 60%;

c) in the future - in the amount of 45%, but in all cases not higher than the subsistence minimum calculated in the constituent entity of the Russian Federation, and not lower than 30% of the specified subsistence minimum;

2) in the second (twelve-month) period of payment - in the amount of 30% of the subsistence minimum calculated in the constituent entity of the Russian Federation.

Benefits are not paid during the following periods: maternity leave; departure of the unemployed from the place of permanent residence in connection with training in evening and correspondence institutions of vocational education; conscription of the unemployed for military training; involvement in activities related to preparation for military service, with the performance of state duties. These periods do not count towards the total unemployment benefit period and extend it.

The period for which the payment of unemployment benefits is suspended is included in the total period of payment of unemployment benefits.

30. MATERIAL AID TO THE UNEMPLOYED: CONCEPT, TYPES AND FORMS, PROCEDURE OF APPOINTMENT AND RENDERING, SIZE

Unemployed citizens who have lost the right to unemployment benefits due to the expiration of the established period for its payment, as well as citizens during the period of vocational training, retraining and advanced training in the direction of the employment service authorities, may be provided with financial assistance (Article 36 of the Law "On Employment population in the Russian Federation).

Employment service bodies have the right to develop their own regulations and establish the types and amounts of material assistance that enhance the social protection of the unemployed and their families, taking into account the level of unemployment and the availability of funds in the local branch of the fund.

Supported persons include persons who are related to an unemployed person, who have not reached eighteen years of age and who do not have independent sources of income. Such persons do not include citizens receiving scholarships, pensions, unemployment benefits, which are on state support (in orphanages, orphanages, boarding schools, etc.).

Material assistance to the unemployed and members of their families is provided both in the form of cash payments and in the form of paying the bills of organizations providing services to the respective citizens.

The preferential right to receive financial assistance should be granted to the families of those unemployed who support disabled people, minor children or disabled children, as well as families of forced migrants, etc.

Mandatory conditions for the provision of financial assistance are:

1) the level of the average total income for each family member cohabiting with the unemployed;

2) mandatory re-registration as unemployed;

3) readiness to start, after the initial period of unemployment, paid work, including work of a temporary nature.

Financial assistance in the form of subsidies to pay for various types of services is provided only in certain cases. Thus, a subsidy for housing and utilities can be paid if the living space does not meet the established regional norms per person. The public transport subsidy is paid if the travel time from the place of residence to the employment center or the place of the offered suitable work exceeds the transport accessibility standard for this area. The nature of financial assistance determines the way it is provided. Thus, subsidies for housing and communal services are directly transferred according to the presented payment documents; subsidies for the use of public transport are issued in the form of travel coupons, tickets.

Financial assistance can be provided in the form of monthly or lump sum payments.

31. BENEFITS FOR NON-WORKING SPOUSES OF MILITARY PERSONNEL

According to the provisions of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel", spouses of military personnel who are doing military service under a contract during their residence together with their spouses in areas where they are forced not to work or cannot find employment in their specialty due to the lack of employment opportunities and were recognized as unemployed in the prescribed manner, as well as during the period when the spouses of military personnel are forced not to work for health reasons of children related to living conditions at the place of military service of the spouse, if, according to the conclusion of the health care institution, their children before reaching the age of eighteen years of age need outside care, a monthly allowance of 100 rubles is paid.

In areas where regional wage coefficients are established, the amount of the allowance is determined using such coefficients.

Beneficiaries can be both wife and husband. The allowance is assigned for the period from the month following the month in which the right to receive it and the unemployment benefit was paid, to the month in which circumstances arise that entail the termination of its payment.

The allowance is not assigned in case of sending a serviceman on a long business trip abroad to an embassy, consulate, mission and as a military specialist.

Circumstances that lead to the termination of the payment of benefits:

1) the movement of a serviceman in service to another locality;

2) dismissal of a serviceman from military service;

3) employment of the spouse of a serviceman or performance of work by him under a work contract;

4) implementation by the spouse of a serviceman of entrepreneurial activity;

5) payment of a scholarship to the spouse of a serviceman when undergoing vocational training, advanced training or retraining in the direction of the employment service;

6) granting a state pension to the spouse of a serviceman;

7) the appointment of a monthly compensation payment to a non-working able-bodied spouse of a serviceman caring for a disabled child under the age of eighteen;

8) relocation of the spouse of a serviceman to a permanent place of residence in another locality, with the exception of cases of forced relocation of the spouse of a serviceman due to natural disasters, the establishment of a state of emergency or armed conflicts;

9) expiration of the conclusion of a health care institution on the need for extraneous care for a child of a serviceman.

The purpose of the allowance and its payment are made at the place of service of the serviceman.

32. BENEFITS TO DISPLACED AND REFUGEES

Payment in the form of a lump-sum cash benefit is established:

1) to a person who has received a certificate of registration of an application for recognition as a forced migrant, and to family members who have arrived with him under the age of eighteen years - in the amount of 100 rubles. for each;

2) low-income persons (single pensioners, single disabled people, families consisting only of pensioners and (or) disabled people, a single parent with a child or children under the age of eighteen, large families with three children or more under the age of eighteen years from among the specified persons - in the amount of 150 rubles for each member.

A person who has received a certificate of registration of an application for recognition as a forced migrant shall submit a corresponding application in writing to the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration at the place of residence of the person on the territory of the Russian Federation, indicating those who arrived with him family members under the age of eighteen.

To consider the said application for benefits in the amount established for low-income persons (single pensioners, single disabled people, families consisting only of pensioners or disabled people, a single parent with a child or children under the age of eighteen, a large family with three children or more in under the age of eighteen), additional documents may be requested confirming the right of these persons to receive the specified allowance.

The territorial body of the migration service, within one day from the date of submission of the application, makes an appropriate decision and issues a certificate to the applicant for receiving benefits of the established form.

The territorial body of the migration service that issued the certificate for receiving benefits makes the appropriate entries in the applicant's registration card, in the certificate of registration of the application for recognition of him as a forced migrant.

A one-time allowance for refugees is provided for by the Federal Law of February 19, 1993 No. 4528-1 "On Refugees". A person who has received a certificate of consideration of an application for recognition as a refugee, and members of his family who arrived with him, are entitled to receive a lump-sum cash allowance for each family member under the age of eighteen.

The allowance is paid in the following amount:

1) 100 rub. - to a person who has received a certificate of consideration of an application for recognition as a refugee in the territory of the Russian Federation on the merits and to each family member who has arrived with him under the age of eighteen;

2) 150 rub. - a low-income citizen (a single disabled pensioner or disabled person, a single parent with a child or children under the age of eighteen, a large family with three or more children under the age of eighteen) from among the persons who received a certificate, and each family member who arrived with him, under the age of eighteen.

33. BENEFITS FOR POOR FAMILIES AND POOR LONELY LIVING CITIZENS

The legal basis for the provision of state social assistance to low-income families and single persons is laid down by the Federal Law of July 17, 1999 No. 178-FZ "On State Social Assistance". According to this law, low-income families, low-income citizens living alone must be provided with social benefits, subsidies, social services and vital goods. The purpose of their provision is to maintain the standard of living of low-income families and low-income citizens living alone, whose average per capita income is below the subsistence level of the corresponding subject of the Russian Federation.

One of the parents has the right to a monthly allowance for a child for each child born, adopted, taken under guardianship of a child living with him until he reaches sixteen years of age (for a student - until he graduates, but not more than eighteen years). Monthly allowance for a child is not paid to guardians (custodians) who receive, in accordance with the procedure established by the current legislation of the Russian Federation, funds for the maintenance of children under guardianship (guardianship). This allowance is assigned and paid only to the indicated persons whose average per capita family income does not exceed a certain amount, commensurate with the subsistence minimum established in the subject of the Russian Federation.

According to the Procedure for the payment in the bodies of the federal security service of a one-time allowance in compensation for harm caused to the life and health of persons in connection with their participation in the fight against terrorism (approved by order of the Federal Security Service of the Russian Federation of June 25, 2008 No. 304), the submission of documents necessary for making a decision on the payment of a one-time allowance, is carried out:

1) in relation to military personnel who are (passing) military service, as well as persons from among civilian personnel working (working) in the units of the FSB of Russia - by the specified units;

2) in relation to military personnel who are undergoing (passing) military service, as well as persons from among civilian personnel working (working) in units and security agencies subordinate to the Department of Logistics of the Service for Supporting the Activities of the FSB of Russia, the Department for Capital Construction of the Service for Supporting the Activities of the FSB of Russia , the Center for Information Protection and Special Communications of the FSB of Russia, the Center for Special Equipment of the FSB of Russia, the Center for Electronic Intelligence of Communications of the FSB of Russia, the Center for Information Security of the FSB of Russia, the Radio Counterintelligence Directorate of the FSB of Russia, the Aviation Directorate of the FSB of Russia and the Military Medical Directorate of the FSB of Russia, - the specified units FSB of Russia respectively;

3) in relation to military personnel who are (passing) military service, as well as persons from among civilian personnel working (working) in territorial security agencies, - by territorial security agencies;

4) in relation to military personnel who are (passing) military service, as well as persons from among civilian personnel working (working) in security agencies in the troops - by the Department of Military Counterintelligence of the FSB of Russia, etc.

34. BENEFITS FOR PERSONS ENGAGED IN THE PERFORMANCE OF SPECIAL TASKS RELATED TO COUNTER-TERRORISM ACTIVITIES

In Art. 20 of the Federal Law of March 6, 2006 No. 35-FZ "On Counteracting Terrorism" specifies the categories of persons participating in the fight against terrorism and subject to legal and social protection. These include:

1) military personnel, employees and specialists of the federal executive bodies engaged in the fight against terrorism;

2) persons assisting, on a permanent or temporary basis, the federal executive authorities engaged in the fight against terrorism in the detection, prevention, suppression, disclosure, investigation of terrorist acts and minimization of their consequences;

3) family members of the persons specified in paragraphs 1 and 2 of this part, if the need to ensure their protection is caused by the participation of these persons in the fight against terrorism.

Social protection of persons participating in the fight against terrorism is carried out taking into account the legal status of such persons, established by federal laws and other regulatory legal acts of the Russian Federation, in the manner established by the Government of the Russian Federation.

In the event of the death of a person who took part in the implementation of measures to combat terrorism, the family members of the deceased and persons who were dependent on him are paid a lump-sum allowance in the amount of 600 rubles, and the queue for housing, compensation for housing and housing is also guaranteed. - utilities, if there was a right to receive such compensation. Disabled members of the family of the deceased and persons who were dependent on him are granted a survivor's pension (part 000, article 2 of the said Federal Law).

If a person who took part in the implementation of measures to combat terrorism is injured, resulting in disability, he is paid a one-time allowance in the amount of 300 rubles from the federal budget. and a pension is assigned in accordance with the legislation of the Russian Federation (part 000 of article 3 of the said Federal Law).

If a person who took part in the implementation of measures to combat terrorism was injured, which did not entail the onset of disability, he is paid a lump-sum allowance in the amount of 100 rubles. (part 000 of article 4 of the said Federal Law).

If the property of a person who took part in the implementation of measures to combat terrorism is lost or damaged, this person has the right to compensation for its value in the manner established by the Government of the Russian Federation (part 5 of article 21 of the said Federal Law).

In case of simultaneous occurrence in accordance with the legislation of the Russian Federation of several grounds for the said lump-sum payments, the payment is made on one basis at the choice of the recipient (part 6 of article 21 of the said Federal Law).

35. BENEFITS FOR CITIZENS IN THE OCCURENCE OF POST-VACCINATION COMPLICATIONS

In the event of a post-vaccination complication, a citizen has the right to receive a state lump-sum allowance (10 rubles) (clause 000, article 1 of the Federal Law of September 19, 17 No. 1998-FZ "On Immunoprophylaxis of Infectious Diseases").

The list of post-vaccination complications that give citizens the right to receive state lump-sum benefits is approved by the federal executive body authorized by the Government of the Russian Federation.

In the event of the death of a citizen due to a post-vaccination complication, the right to receive a state lump-sum allowance in the amount of 30 rubles. have members of his family. The circle of family members entitled to receive the specified allowance is determined in accordance with the pension provision in the event of the loss of a breadwinner (clause 000, article 2 of the said Federal Law).

A citizen recognized as disabled due to a post-vaccination complication has the right to receive a monthly monetary compensation in the amount of 1000 rubles. (Article 20 of the Federal Law "On Immunoprophylaxis of Infectious Diseases").

If a citizen who has been found to have a post-vaccination complication is recognized as disabled due to this complication, he is entitled to receive a state lump-sum allowance and monthly compensation.

The payment of the state lump-sum allowance and monthly monetary compensation is carried out by the bodies of social protection of the population of the subjects.

To receive a state lump-sum allowance, a citizen (and in the event of his death, a family member) submits the following documents to the social protection authority at the place of residence:

1) an application for the appointment and payment of benefits;

2) documents confirming the fact of a post-vaccination complication (conclusion on the establishment of the fact of a post-vaccination complication, death certificate).

The body of social protection of the population makes a decision on the payment or refusal to pay the state lump-sum allowance or monthly monetary compensation within ten days from the date of application.

If a decision is made to refuse to pay benefits or compensation within five days from the date of its adoption, a notice is sent to the applicant indicating the reasons for the refusal, and the documents that were attached to the application are returned. In the event of the death of a citizen due to a post-vaccination complication, a state lump-sum allowance is paid to one of his family members (with the written consent of all adult family members) by decision of the social protection authority (clause 10 of the Procedure for the payment of state lump-sum benefits and monthly monetary compensations to citizens in the event of of post-vaccination complications (Decree of the Government of the Russian Federation of December 27, 2000 No. 1013)).

36. CHILD MAINTENANCE AND CUSTODY COMPENSATION

Compensation payments for children under guardianship and guardianship in a foster family are provided for by Decree of the Government of the Russian Federation of July 17, 1996 No. 829 "On the foster family".

For the maintenance of each foster child, the foster family is paid monthly funds for food, the purchase of clothes, shoes and soft equipment, household items, personal hygiene, games, toys, books and benefits established by the current legislation of the Russian Federation for pupils of educational institutions, for children - orphans and children left without parental care. For a child transferred to foster care for one year or more, funds are allocated for the purchase of furniture (paragraph 29 of the Regulations "On the Foster Family").

Based on the established norms of material support, local governments allocate funds for a foster child at the actual prices in the region. Based on the decisions they make, local governments allocate funds to foster families for heating, lighting, current home repairs, the purchase of furniture and payment for consumer services. Monthly, no later than the twentieth day of the previous month, the funds allocated for the maintenance of a foster child are transferred to banking institutions to the bank accounts of foster parents. The amount of money required for the maintenance of a foster child is recalculated on a quarterly basis, taking into account changes in prices for goods and services (clause 30 of the Regulation "On the Foster Family").

For the purchase of food, the foster family is attached by the local government directly to the bases, stores that supply educational institutions (paragraph 34 of the Regulation "On the foster family").

The foster family enjoys the priority right to receive vouchers for children, including free ones, to sanatoriums, health camps, as well as rest houses, sanatoriums for joint rest and treatment of foster parents with children (paragraph 35 of the Regulation "On the foster family").

When a child is transferred for upbringing to a foster family for a period until he reaches the age of majority, the foster parents are paid money until the child reaches the age of eighteen years (paragraph 22 of the Regulation "On the Foster Family").

Foster parents keep records of expenses in writing for the receipt and expenditure of funds allocated for the maintenance of the child. Information on the funds spent is submitted annually to the guardianship and guardianship authority. The funds saved during the year are not subject to withdrawal (paragraph 33 of the Regulations "On the Foster Family").

37. COMPENSATION FOR WORKING MOTHERS AND WOMEN IN THE MILITARY SERVICE FOR THE PERIOD OF CARE OF A CHILD

Compensation payments to mothers (other relatives who actually care for a child) who are in labor relations on an employment basis with organizations, and to female military personnel who are on leave to care for a child, are assigned to persons who are on partially paid leave to care for a child until they reach the age of one and a half years, and on additional leave without pay to care for a child aged one and a half to three years.

Compensation payments are assigned and paid to mothers (father, adoptive parent, guardian, other relative who actually cares for the child) who are in labor relations on an employment basis with organizations regardless of their organizational and legal forms. In addition, the said payment is made to the following categories of women: mothers who are doing military service under a contract, serving as private and commanding officers in internal affairs bodies; mothers undergoing military service under a contract, and civilian personnel of military units of the Russian Federation located on the territory of foreign states, in cases stipulated by international treaties of the Russian Federation; women dismissed due to the liquidation of the organization, if at the time of dismissal they were on parental leave and did not receive unemployment benefits.

Monthly compensation payments are set at 50 rubles. For persons working, serving, living in areas where regional coefficients for wages are established, the amount of monthly compensation payments is determined using these coefficients, regardless of the place of actual stay of the recipient during parental leave (paragraph 21 of the Decree of the Government of the Russian Federation dated November 3, 1994 No. 1206 "On approval of the procedure for the appointment and payment of monthly compensation payments to certain categories of citizens").

The decision to assign a compensation payment is made by the employer or the head of the military formation at the place of work of the person applying for it. The decision on the appointment of compensation is made within ten days from the date of receipt of the documents. In case of refusal to assign payments, the applicant is notified in writing about this within five days after the adoption of the relevant decision, indicating the reason for the refusal and the procedure for appealing it.

Compensation is paid from the funds allocated for wages. Organizations, military formations, bodies of social protection of the population, which are financed from the budgets, pay compensation at the expense of these budgets.

38. COMPENSATION TO STUDENTS, POSTGRADUATES ON ACADEMIC LEAVE FOR MEDICAL INDICATIONS

Monthly compensation payments to students of higher educational institutions and students of secondary vocational education, graduate students studying off-duty in postgraduate studies at educational institutions of higher professional education and research institutions, who are on academic leave for medical reasons, are set at 50 rubles. (Clause 1 of Decree of the Government of the Russian Federation of November 3, 1994 No. 1206 "On approval of the procedure for the appointment and payment of monthly compensation payments to certain categories of citizens").

For students in districts and localities where regional wage coefficients are established, the amount of monthly compensation payments is determined using these coefficients, regardless of the recipient's actual location during academic leave (clause 9 of the specified procedure).

An application for the appointment of compensation is submitted at the place of study. A copy of the order on granting academic leave is attached to it (clause 2 of the order). The decision on the appointment of compensation is made by the head of the educational or research institution, regardless of its organizational and legal form, within ten days from the date of receipt of the documents. In case of refusal to assign these payments, the applicant is notified in writing about this within five days after the adoption of the relevant decision, indicating the reason for the refusal and the procedure for appealing it (clause 3 of the procedure).

The payments in question are assigned from the date of granting academic leave for medical reasons, if the application for them was followed no later than six months from the date of granting the said leave.

When applying for the appointment of these payments after six months from the date of granting academic leave, they are assigned and paid for the elapsed time, but not more than six months from the day of the month in which the application for the appointment of these payments was submitted (clause 4 of the specified order).

Compensation is paid from the date of granting academic leave for medical reasons until the day it ends (clause 6 of the specified order).

Assigned payments not received in a timely manner are paid for the past time in the amounts provided for by the legislation of the Russian Federation for each relevant period, if the application for their receipt followed within three years from the date of granting academic leave. If compensations are not paid in a timely manner due to the fault of the institution, then they are paid for the past time without limitation by any period (clause 7 of the order indicated earlier).

39. COMPENSATION FOR FOOD FOR CITIZENS STUDYING IN EDUCATIONAL INSTITUTIONS

Compensatory payments for food to persons who study in state, municipal general educational institutions, institutions of primary vocational and secondary vocational education are cash payments that are intended to partially compensate for the rise in the cost of food.

Compensation payments are not paid to persons who study in state and municipal educational institutions and are fully supported by the state.

Funding sources are federal and regional budgets.

In those territories of the Russian Federation that were exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant, compensation payments are made for meals for students in state, municipal educational institutions, institutions of primary vocational and secondary vocational education.

The monthly compensation payment in the territories exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant is paid in the amount of 70 rubles. (Article 18 of the Federal Law of August 22, 2004 No. 122-FZ).

Compensation payments are provided to one of the parents or grandparents and other relatives.

To receive compensation payments, an application with the necessary documents must be submitted to the body in the field of social protection of the population at the place of residence of the child.

At the place of application for each recipient of compensation, a file is formed, which is subject to storage in the prescribed manner. The specially authorized body draws up lists of recipients of compensation. The lists are signed by the head of this body, certified with a seal and submitted monthly to the appropriate territorial body of the Federal Treasury (paragraph 5 of Decree of the Government of the Russian Federation of December 31, 2004 No. 907 "On social support for citizens exposed to radiation").

The territorial body of the Federal Treasury transfers, on the basis of these lists, federal budget funds provided for the payment of compensation to the organization of the federal postal service or to an account opened by the recipient of compensation in a credit institution (clause 6 of the resolution).

Payment of compensation is made from the month following the month of filing the application, through federal postal organizations or through credit organizations (clause 7 of the resolution).

40. COMPENSATION FOR WORKING PERSONS CARING FOR THE DISABLED, ELDERLY OR CHILDREN

Decree of the President of the Russian Federation of December 26, 2006 No. 1455 "On compensation payments to persons caring for disabled citizens" established that from July 1, 2008, monthly compensation payments amount to 1200 rubles to non-working able-bodied persons caring for a disabled person of group I, a child - a disabled person under the age of 18, as well as for an elderly person who, according to the conclusion of a medical institution, needs constant outside care or who has reached the age of 80 years (hereinafter referred to as compensation payments).

Compensatory payments are established to one non-working able-bodied person in respect of each specified disabled citizen for the period of care for him.

The compensation payment is assigned from the month in which the caregiver applied for its appointment with applications and all necessary documents to the body that pays the pension, but not earlier than the day the right to the said payment arises.

In the event that not all the required documents are attached to the applications, the pension disbursing authority shall give the caregiver an explanation as to which additional documents must be submitted. If such documents are submitted no later than 3 months from the date of receipt of the relevant explanation, the month of applying for compensation payment is considered the month of receiving the application.

Compensation payment is terminated in the following cases:

1) the death of a disabled citizen or a person who provided care, as well as their recognition in accordance with the established procedure as dead or missing;

2) the termination of care by the person who provided care, confirmed by the statement of the disabled citizen (legal representative) and (or) the inspection report of the body paying the pension;

3) awarding a pension to a carer, regardless of its type and amount;

4) appointment of a caregiver, unemployment benefits;

5) performance by a disabled citizen or a person providing care, paid work;

6) the expiration of the period for which the I group of disability or the category "disabled child" was established for a disabled citizen;

7) achievement by a disabled child of the age of 18 years, if upon reaching this age group I of disability is not established;

8) placement of a disabled citizen in a state or municipal stationary social service institution;

9) deprivation of a parent caring for a disabled child of parental rights. The caregiver is obliged, within 5 days, to notify the body paying the pension of the occurrence of circumstances leading to the termination of the compensation payment (clause 9 of the Rules for making monthly compensation payments to non-working able-bodied persons caring for disabled citizens (approved by a decree of the Government of the Russian Federation dated June 4, 2007 No. 343).

41. COMPENSATION PAYMENTS TO REFUGEES AND FORCED RESETTLEMENTS

Persons who have received a certificate of registration of an application for recognition as forced migrants, and family members who have arrived with them under the age of eighteen, are entitled to assistance in ensuring their travel and transportation of luggage to the place of temporary settlement (place of stay) on the territory of the Russian Federation. At the same time, low-income persons (a single pensioner, a single disabled person, a family consisting only of pensioners and (or) disabled people, a single parent (replacing him) with a child (children) under the age of eighteen, a large family with three or more children aged up to eighteen years of age) who have received a certificate are entitled to compensation for travel and baggage expenses from the place of registration of an application for recognition as forced migrants to the place of temporary settlement (place of stay) (Article 4 of the Law of the Russian Federation "On forced migrants").

Assistance in ensuring travel and transportation of luggage is carried out by the territorial body of the Federal Migration Service, in which the person who applied for assistance is registered as a person who received a certificate of registration of an application for recognition as a forced migrant, or as a forced migrant, by issuing him a referral for the acquisition in a transport organization at the expense of own funds of tickets and baggage receipts. The referral guarantees the person indicated in it the acquisition of travel documents in the transport organization on a priority basis (clause 4 of the Rules for Assistance to Persons who have received a certificate of registration of an application for recognition as forced migrants, and to forced migrants in ensuring travel and baggage, as well as payment of appropriate compensation to low-income persons from among these citizens (approved by Decree of the Government of the Russian Federation of December 1, 2004 No. 713)).

In order to receive a referral, a person entitled to assistance in ensuring his travel and transportation of luggage submits to the appropriate territorial body of the Federal Migration Service an application in the prescribed form indicating family members under the age of eighteen years, the intended direction of travel to the destination and mode of transport. When submitting an application, the said person presents a passport or other identity document and a certificate of registration of an application for recognition as a forced migrant or a certificate of a forced migrant (clause 5 of the Rules).

The direction is valid for seven days from the date of its issue (clause 10 of the Rules).

The amount of compensation for baggage allowance (not more than 100 kg per person) is determined on the basis of tariffs approved in the prescribed manner (clause 16 of the Rules).

42. COMPENSATION PAYMENTS TO POOR FAMILIES AND POOR LONELY LIVING CITIZENS

Annual payments for the purchase of children's clothing are provided to families whose total income per family member does not exceed the established amount in accordance with the Decree of the Ministry of Labor of the Russian Federation of October 7, 1993 No. 159 "On Approval of the Procedure for Calculating the Average Total Income per Family Member".

The average per capita income per family member is determined by dividing the total income of all family members for three months by the number of months and the number of family members. The total amount includes all types of taxable income (clause 3 of the order).

When calculating income, family members include husband, wife, children under eighteen years of age (disabled since childhood, regardless of age) (clause 5 of the order). The compensation payment is assigned until the child reaches the age of thirteen and is paid: at the place of the main work of the mother, and if she does not work - at the place of work of the father, in other cases - by the social protection authorities at the place of residence of the parent with the child.

The provision of compensation payments to non-working able-bodied persons caring for disabled citizens is regulated by the Decree

Government of the Russian Federation of June 4, 2007 No. 343 "On the implementation of compensation payments to non-working able-bodied persons caring for disabled citizens." Persons who actually care for disabled citizens and do not themselves receive pensions or unemployment benefits are entitled to compensation. In this case, no significance is attached to family relations with a disabled person and the fact of cohabitation.

To apply for compensation, you must submit the following documents: application, passport, employment records of the caregiver and disabled person, certificate of non-receipt of pension or unemployment benefits by the caregiver, certificate of disability, need for care, statement of the disabled confirming care.

The payment ceases in cases of death, appointment of a person who provides care, pensions or unemployment benefits or his employment, expiration of the period for establishing disability; achievement by a disabled child of the age of sixteen years.

Financial resources for compensation payments are allocated on a non-refundable or reimbursable basis. The amount of funds and other conditions are established by the territorial bodies of the employment service based on the availability of funds for this item of expenditure in the territorial employment fund, the level of unemployment in the region and the financial condition of the legal entity that has temporarily stopped working. Funds are provided on the basis of an agreement between the employment service and a legal entity.

43. COMPENSATION TO CITIZENS AFFECTED BY RADIATION

Citizens affected by radiation exposure are guaranteed monthly monetary compensation. They submit written applications for the appointment of a monthly cash payment to the territorial body of the Pension Fund of the Russian Federation. The payment in question is assigned from the date of application for it, but not earlier than the emergence of the right to it. The day of applying for the appointment of this payment is the day when the territorial body of the Pension Fund of the Russian Federation receives an application with the necessary documents.

The decision on the appointment of a monthly cash payment is made no later than ten days from the date of receipt of this application with all the necessary documents.

The right to monthly compensation for the loss of a breadwinner - a participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant have disabled family members who were dependent on him. At the same time, monthly compensation is assigned to children regardless of whether they were dependents (clause 1, article 41 of the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster").

Compensation is assigned for each disabled family member in the amount of 92 rubles. 66 kop. and does not depend on the size of the pension, and in the case of receiving two pensions, the specified compensation is assigned at choice to one of the pensions received (clause 2, article 41 of this Law).

Compensation to citizens for harm caused to their health as a result of the Chernobyl disaster, and to families for the loss of a breadwinner as a result of this disaster, is paid regardless of other types of income (payments) (Article 42 of this Law).

This category of citizens is entitled to: extraordinary provision of children with places in preschool institutions, specialized children's institutions of medical and sanatorium type with the payment of monthly monetary compensation for food (90 rubles); monthly monetary compensation to them and their children under the age of fourteen living with them for the purchase of food products (300 rubles); compensation for material damage due to loss of property; compensation for the cost of travel, expenses for the transportation of property by any of the modes of transport, except when the vehicle is provided free of charge; monthly monetary compensation in compensation for harm caused to health in connection with radiation exposure due to the Chernobyl disaster or with the performance of work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant. In the event of the death of citizens who became disabled as a result of the Chernobyl disaster, the right to monthly monetary compensation extends to disabled family members who were dependents of these citizens.

44. COMPENSATION FOR REHABILITATED VICTIMS OF POLITICAL REPRESSION AND PERSONS SUFFERED BY NAZI PERSECUTION

Persons subjected to repression in the form of deprivation of liberty, placement for compulsory treatment in psychiatric medical institutions and subsequently rehabilitated by the social protection authorities at their place of residence, on the basis of documents on rehabilitation and the time spent in places of deprivation of liberty and psychiatric medical institutions, are paid lump sum monetary compensation at the rate of 75 rubles. for each month of imprisonment or stay in special institutions, but not more than 10 rubles. (Article 000 of the Law of the Russian Federation of October 15, 18 No. 1991-1761 "On the rehabilitation of victims of political repression").

Persons who, during the review of cases and in connection with the recognition of the groundlessness of the charges for political reasons, had their sentence changed, are paid monetary compensation for the time they spent in places of deprivation of liberty in excess of the period appointed during the review of cases. Persons residing outside the Russian Federation are paid monetary compensation at their place of residence in the Russian Federation before the repressions are applied, and in cases where it is impossible to determine the place of residence, at the place of repressions (paragraphs 3, 4, article 15 of this Law of the Russian Federation).

Rehabilitated persons are returned property confiscated, confiscated and otherwise out of their possession in connection with repression, or their value is reimbursed, or monetary compensation is paid (Article 16.1 of this Law of the Russian Federation).

Categories of persons eligible for compensation depending on the severity of the Nazi repression to which they were subjected:

1) the first category - underage prisoners who were, as well as those born in Nazi concentration camps, prisons, labor camps and other places of forced detention and labor located on the territory of Germany and its allies and in the occupied territories of the former USSR or other countries subjected to German occupation;

2) the second category - adult prisoners of Nazi concentration camps, prisons;

3) the third category - persons from among the civilian population, forcibly taken out of the territory of the former USSR for forced labor in Germany, in the countries allied with it and the countries occupied by them, over the age of eighteen, who were kept under the conditions of the camp regime;

4) the fourth category - persons indicated in the third category, but not contained in the conditions of the camp regime.

The amount of this payment is established taking into account the category of the person who is entitled to receive compensation, the duration of his stay in Nazi captivity, the conduct of pseudo-medical experiments in relation to him and the presence of disability.

45. COMPENSATIONS TO PERSONS WORKING AND LIVING IN THE FAR NORTH AND EQUIVALENT LOCATIONS

Persons working in organizations financed from the federal budget, located in the regions of the Far North and areas equivalent to them, have the right to travel paid once every two years at the expense of the employer to the place of use of the vacation within the territory of the Russian Federation and back by any mode of transport, including personal (except for taxis), and to pay for the cost of baggage weighing up to 30 kg (clause 1, article 325 of the Labor Code of the Russian Federation).

Payment of the cost of travel of an employee by personal transport to the place of use of the vacation and back is made at the lowest cost of travel by the shortest route. Payment for the cost of travel to and from the place of use of the vacation by an employee of an organization financed from the federal budget and members of his family is made before the employee leaves on vacation based on the approximate cost of travel. The final payment is made upon return from vacation on the basis of the provided tickets or other documents (clauses 2, 4 of article 325 of the Labor Code of the Russian Federation).

Employers (organizations funded from the federal budget) also pay the cost of travel to and from the place of use of the employee's vacation and the transportation of luggage to non-working members of his family (husband, wife, minor children), regardless of the time of use of the vacation (clause 2, article 325 of the Labor Code of the Russian Federation) .

According to Art. 326 of the Labor Code of the Russian Federation, persons who have concluded employment contracts for work in organizations financed from the federal budget located in the regions of the Far North and equivalent areas, and who arrived in accordance with these contracts from other regions of the Russian Federation, are provided with the following guarantees and compensations at the expense of the employer :

1) a one-time allowance in the amount of two monthly tariff rates, salaries and a one-time allowance for each member of his family arriving with him in the amount of half of the employee's official salary;

2) payment of the cost of travel for an employee and members of his family within the territory of the Russian Federation at actual expenses, as well as the cost of carrying luggage not more than five tons per family at actual expenses, but not more than the tariffs provided for transportation by rail.

An employee of an organization funded from the federal budget and members of his family in the event of moving to a new place of residence in another locality in connection with the termination of an employment contract for any reason, with the exception of dismissal for guilty actions, are paid the cost of travel at actual expenses and the cost of carrying luggage from calculation of not more than five tons per family at actual costs, but not more than the tariffs provided for transportation by rail (clause 3, article 326 of the Labor Code of the Russian Federation).

46. COMPENSATION WHEN EMPLOYEES ARE SENT ON BUSINESS TRAVEL AND WHEN MOVING TO WORK

A business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips (Article 166 of the Labor Code of the Russian Federation).

When sending an employee on a business trip, he is guaranteed the preservation of the place of work and average earnings, as well as reimbursement of expenses:

1) on the way;

2) for renting a dwelling;

3) additional expenses associated with living outside the place of permanent residence;

4) other expenses (Article 168 of the Labor Code of the Russian Federation).

Reimbursement of expenses related to business trips on the territory of the Russian Federation to employees of organizations financed from the federal budget is carried out in the following amounts:

1) expenses for renting a dwelling - in the amount of actual expenses, confirmed by the relevant documents, but not more than 550 rubles. per day. In the absence of documents confirming these expenses - 12 rubles. per day;

2) expenses for the payment of per diems - in the amount of 100 rubles. for each day of being on a business trip;

3) travel expenses to the place of business trip and back to the place of permanent work (including the insurance premium for compulsory personal insurance of passengers in transport, payment for travel documents, expenses for the use of bedding on trains) - in the amount of actual expenses confirmed by travel documents documents, but not more than the fare. Compensation may be provided for the use of personal cars and motorcycles for business trips.

When an employee relocates, by prior agreement with the employer, to work in a different area, the employer is obliged to compensate the employee for:

1) expenses for the relocation of the employee, his family members and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);

2) expenses for settling in a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (Article 169 of the Labor Code of the Russian Federation).

In addition, the employee is paid per diem and salary for each day of travel.

Also, wages are issued for the days during which the employee was going on the road and settled in a new place of residence. The organization must also pay the employee and his family a one-time allowance. The employee is given his monthly salary at the new place of work, and each moving family member is entitled to a quarter of this amount.

47. COMPENSATION TO EMPLOYEES IN THE PERFORMANCE OF THEIR STATE OR PUBLIC DUTIES

The employer is obliged to release the employee from work while retaining his place of work or position for the duration of his state or public duties in cases where, in accordance with federal law, such duties must be performed during working hours (Article 170 of the Labor Code of the Russian Federation).

Citizens are called to serve as jurors in court in the manner prescribed by the Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ (CPC RF), once a year for ten working days, and if the consideration of a criminal case started from participation of jurors, has not ended by the time of the expiration of the specified period, then for the entire time of consideration of this case.

Candidates for jurors summoned to court, but not selected to the jury and not released from the duties of candidates for jurors on the grounds provided for in Art. 3 and 7 of the Code of Criminal Procedure of the Russian Federation may be called to participate as jurors in another court session (paragraph 2 of article 10 of the Federal Law of August 20, 2004 No. 113-FZ "On jurors of federal courts of general jurisdiction in the Russian Federation").

For the period of execution by a juror of the duties of administering justice, the relevant court shall pay him, at the expense of the federal budget, a compensatory remuneration in the amount of one second part of the official salary of a judge of this court in proportion to the number of days the juror participates in the administration of justice, but not less than the average earnings of a juror at his place. main work for this period. A juror is reimbursed by the court for travel expenses, as well as transportation expenses for travel to the location of the court and back in the manner and amount established by law for judges of this court (clauses 1, 2, article 11 of this Federal Law).

Compensation is also subject to the expenses of citizens, which are associated with training in the basics of military service in the training centers of organizations; with the travel of citizens, including citizens engaged in self-employment, to the place of performance of military duty from the place of residence (work, study) and back, hiring housing, paying travel allowances (daily allowances), average earnings, taking into account the relevant charges to the wage fund according to place of work.

These expenses are confirmed by presenting the originals of the required documents (citizens) and certified copies of these documents (organizations). Citizens submit this information by submitting an application addressed to the military commissar of the corresponding military commissariat.

48. COMPENSATION TO EMPLOYEES COMBINING WORK AND TRAINING

Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the appropriate level for the first time.

An employee who combines work with study at two educational institutions at the same time is provided with guarantees and compensations only in connection with studying at one of these educational institutions (at the choice of the employee) (part 3 of article 177 of the Labor Code of the Russian Federation).

For employees who study by correspondence in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the corresponding educational institution and back once in the academic year (part 3 of article 173 of the Labor Code of the Russian Federation).

Employees who study part-time and part-time (evening) forms of education in state-accredited educational institutions of higher professional education for a period of ten academic months before the start of a graduation project (work) or passing state exams are set, at their request, a working week, reduced by seven o'clock. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage (Article 174 of the Labor Code of the Russian Federation).

Guarantees and compensations for employees who combine work with education in educational institutions of secondary vocational education that do not have state accreditation are established by a collective or labor agreement (Article 174 of the Labor Code of the Russian Federation).

During the academic year, employees studying in evening (shift) general educational institutions are set, at their request, to have a working week reduced by one working day or by the number of working hours corresponding to it (if the working day is reduced during the week). During the period of release from work, the specified employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage (part 3 of article 176 of the Labor Code of the Russian Federation).

There are also monthly compensation payments to students of educational institutions of higher education and students of secondary vocational education, graduate students studying off-duty in postgraduate studies at educational institutions of higher professional education and research institutions who are on academic leave for medical reasons. Monthly compensation payments are set at 50 rubles. (clause 1 of the Procedure for the appointment and payment of monthly compensation payments to certain categories of citizens).

49. EMPLOYEE COMPENSATION RELATED TO TERMINATION OF EMPLOYMENT CONTRACT

When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job in accordance with Part 3 of Art. 81 of the Labor Code of the Russian Federation. About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal. The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (Article 180 of the Labor Code of the Russian Federation ).

In addition, the employee is entitled to compensation for unused vacation. Moreover, if an employee has not taken a vacation for several years, then compensation is paid to him for all these years (Article 127 of the Labor Code of the Russian Federation).

In the event of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with the change of ownership of the organization's property, the new owner is obliged to pay compensation to these employees in the amount of at least three average monthly earnings (Article 181 of the Labor Code of the Russian Federation).

Severance pay may also be included in severance pay. But this issue is controversial in jurisprudence.

Upon termination of an employment contract in connection with the liquidation of the organization or a reduction in the number or staff of the organization's employees, the dismissed employee is paid a severance pay in the amount of the average monthly salary, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (178 TK RF).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him (Article 178 of the Labor Code of the Russian Federation) .

The severance pay in the amount of two weeks' average earnings is paid to employees upon termination of the employment contract in connection with:

1) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of an appropriate job (clause 8, part 1, article 77 of the Labor Code of the Russian Federation );

2) conscription of an employee for military service or sending him to an alternative civilian service that replaces it (clause 1, part 1, article 83 of the Labor Code of the Russian Federation);

3) reinstatement at work of an employee who previously performed this work (clause 2, part 1, article 83 of the Labor Code of the Russian Federation);

4) refusal of the employee to transfer to work in another locality together with the employer (clause 9, part 1, article 77 of the Labor Code of the Russian Federation);

5) recognition of the employee as completely incapable of work in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation (clause 5, part 1, article 83 of the Labor Code of the Russian Federation);

6) the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

50. SOCIAL SERVICE: CONCEPT, TYPES AND ORGANIZATION

Social service (assistance) is a certain activity of social services for social support, provision of social, medical, psychological, pedagogical, legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

Forms of social service:

1) social services at home;

2) semi-stationary social services;

3) stationary social services;

4) urgent social service;

5) social advisory assistance.

Types of social services:

1) material assistance. It is provided to citizens who are in a difficult life situation in the form of cash, food, sanitation and hygiene products, child care products, clothes, shoes and other essentials, fuel, as well as special vehicles, technical means for the rehabilitation of disabled people. and persons in need of outside care;

2) social assistance at home. It is carried out through the provision of social services to citizens in need of permanent or temporary non-stationary social services;

3) social services in stationary institutions. It is carried out by providing social services to citizens who have partially or completely lost the ability to self-service and need constant outside care, and ensures the creation of living conditions appropriate to their age and state of health, medical, psychological, social measures, nutrition and care;

4) provision of temporary shelter. Temporary shelter in a special social service institution is provided to orphans, children left without parental care, street minors, children who find themselves in a difficult life situation, citizens without a fixed place of residence and certain occupations, citizens who have suffered from physical or mental violence, natural disasters, as a result of armed and interethnic conflicts;

5) organization of day stay in the vor-ganakh of social services;

6) advisory assistance on issues of social and medical support for life, psychological and pedagogical assistance, legal protection;

7) rehabilitation services. Social services provide assistance in the professional, social, psychological rehabilitation of disabled people, persons with limited opportunities, juvenile delinquents, other citizens who find themselves in a difficult life situation and need rehabilitation services.

51. SOCIAL SERVICE FOR THE ELDERLY AND DISABLED CITIZENS

Social services for elderly and disabled citizens is an activity to meet the needs of these citizens in social services. Social services include a set of social services that are provided to elderly citizens and disabled people at home or in social service institutions, regardless of ownership (Article 1 of the Federal Law of August 2, 1995 No. 122-FZ "On Social Services for Elderly Citizens and disabled people").

Social services for the elderly and disabled include:

1) social services at home;

2) semi-stationary social services in departments of day (night) stay of social service institutions;

3) stationary social services in stationary social service institutions;

4) urgent social service;

5) social advisory assistance. Elderly citizens and the disabled may be provided with housing in the houses of the housing fund for social use (Article 16 of this Federal Law).

Social services at home is one of the main forms of social services aimed at the maximum possible extension of the stay of elderly citizens and disabled people in their usual social environment in order to maintain their social status, as well as to protect their rights and legitimate interests (Article 17 of this Federal Law) .

Semi-stationary social services include social, medical and cultural services for elderly citizens and the disabled, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle (Article 19 of this Federal Law).

Stationary social services are aimed at providing comprehensive social and household assistance to elderly citizens and the disabled, who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision. It includes measures to create for these citizens the most adequate living conditions for their age and state of health (Article 20 of this Federal Law).

Urgent social services are carried out in order to provide emergency assistance of a one-time nature to elderly citizens and the disabled who are in dire need of social support (Article 22 of this Federal Law).

Social advisory assistance to elderly citizens and the disabled is aimed at their adaptation in society, easing social tension, creating favorable family relations, as well as ensuring interaction between the individual, family, society and the state (Article 23 of this Federal Law).

52. REHABILITATION OF THE DISABLED: CONCEPT, PROGRAM

Rehabilitation of disabled people - a system and process of full or partial restoration of the abilities of disabled people for household, social and professional activities. Rehabilitation is aimed at eliminating or possibly more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder of body functions, for the purpose of social adaptation of disabled people, their achievement of financial independence and their integration into society (Article 9 of the Federal Law of November 24, 1995 No. 181 - Federal law "On the social security of the disabled").

The main directions of rehabilitation of the disabled:

1) restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;

2) vocational guidance, training and education, employment assistance, industrial adaptation;

3) socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;

4) physical culture and recreation activities, sports.

The implementation of the main directions of the rehabilitation of the disabled provides for the use by the disabled of technical means of rehabilitation, the creation of the necessary conditions for the unhindered access of the disabled to the objects of engineering, transport, social infrastructure and the use of means of transport, communications and information, as well as providing the disabled and their families with information on the rehabilitation of the disabled.

The state guarantees persons with disabilities to carry out rehabilitation activities, to obtain technical equipment and services provided for by the federal list of rehabilitation activities, technical rehabilitation equipment and services provided to a disabled person at the expense of the federal budget.

Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body in charge of federal institutions, medical and social expertise, a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost functions of the body, restoring, compensating for the ability of a disabled person to perform certain types of activities.

An individual program for the rehabilitation of a disabled person is mandatory for execution by the relevant state authorities, local governments and organizations, regardless of organizational and legal forms and forms of ownership. This program is advisory for a disabled person, he has the right to refuse any type, form and volume of rehabilitation measures.

53. PROSTHETIC AND ORTHOPEDIC AND DRUG CARE

Prosthetic and orthopedic care is of decisive importance for the social rehabilitation of the disabled. The Federal Law "On the Social Protection of the Disabled in the Russian Federation" secured the right of the disabled to free provision of prosthetic and orthopedic products.

The rights of disabled people to prosthetic and orthopedic care are enshrined in a general form and in Art. 27 Fundamentals of the legislation of the Russian Federation of July 22, 1993 "On the protection of the health of citizens" The specific procedure for providing disabled people with all types of prosthetic and orthopedic products (prostheses, orthopedic devices, orthopedic shoes, shoes for prostheses, bandages, etc.) is regulated by the Instruction " On the procedure for providing the population with prosthetic and orthopedic products, means of transportation and means that make life easier for the disabled, "approved by the Order of the Ministry of Social Security of the RSFSR of February 15, 1991 , have the right to free provision of prostheses at the expense of funds allocated under the budget for prosthetics.

At the same time, each disabled person, depending on medical indications, has the right to be provided with prosthetic arms and legs, as well as to receive orthopedic shoes, orthopedic devices, leather trousers free of charge for two years. War invalids suffering from vascular lesions of the lower extremities are entitled to receive one pair of orthopedic shoes per year free of charge; disabled children - two pairs of shoes per year.

Preferential distribution of medicines and medical devices is carried out by pharmacy organizations, regardless of ownership, according to doctors' prescriptions.

Disabled people are attached to a pharmacy organization at the place of residence for the constant provision of the necessary medicines and medical products in the manner determined by the executive authority of the constituent entity of the Russian Federation.

To provide for the disabled, a pharmacy organization creates a reserve of medicines and medical products, the range and quantity of which are annually determined taking into account the type of diseases attached to the pharmacy organization of these population groups and the consumption of these funds and products for the previous year.

In case of temporary absence of the prescribed medicinal product and the impossibility of replacing it with a similar one, the administration of the pharmacy organization is obliged to keep the prescription, register the patient, take measures to obtain the medicinal product as soon as possible and notify the patient of its receipt.

Prescriptions for medicines and medical products dispensed on preferential terms are stored in pharmacy organizations for at least two years.

54. CONCEPT AND TYPES OF GUARANTEES IN THE SPHERE OF SOCIAL AND LABOR RELATIONS

Guarantees in the field of social and labor relations are the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured.

All guarantees are divided into general and special.

General guarantees are provided for all citizens.

Special warranties include:

1) guarantees when sent on business trips;

2) guarantees when moving to work in another area;

3) guarantees in the performance of state or public duties;

4) guarantees when combining work with training;

5) guarantees in case of forced termination of work due to the fault of the employee;

6) guarantees when granting annual paid leave;

7) guarantees in some cases of termination of the employment contract;

8) guarantees in connection with the delay due to the fault of the employer in issuing a work book upon dismissal of an employee;

9) guarantees to mothers who are in labor relations with the employer, and to female military personnel for the period of parental leave;

10) guarantees for students of educational institutions of higher and secondary vocational education, graduate students who are on academic leave for medical reasons;

11) guarantees to citizens studying in state and municipal educational institutions;

12) guarantees for able-bodied non-working persons caring for a disabled person of the first group, an elderly person or a disabled child;

13) guarantees to refugees and forced migrants;

14) guarantees for low-income families and low-income citizens living alone;

15) guarantees to citizens affected by the effects of radiation;

16) guarantees to rehabilitated victims of political repressions and persons subjected to Nazi persecution;

17) guarantees to persons working and living in the regions of the Far North and equivalent areas;

18) guarantees for the participation of the author in the preparation of the invention for use;

19) guarantees for children left without parental care;

20) guarantees for orphans;

21) guarantees to employees during advanced training;

22) guarantees of the employee's right to labor protection;

23) other guarantees provided for by law.

When guarantees are provided, the corresponding payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties also make payments to the employee.

55. SOCIAL PROTECTION OF HIV-INFECTED AND THEIR FAMILY MEMBERS

HIV-infected people are people who are infected with the human immunodeficiency virus.

A person who has been diagnosed with HIV infection is notified by an employee of the institution who underwent a medical examination of the results of the medical examination and the need to take precautions to prevent the spread of HIV infection, about guarantees of the rights and freedoms of HIV-infected people in the Russian Federation, as well as about criminal liability for placing in danger of infection or infection of another person.

HIV-infected citizens of the Russian Federation have all the rights and freedoms on its territory, and also bear obligations in accordance with the norms enshrined in the provisions of the Constitution of the Russian Federation, the current legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Dismissal from work, denial of employment, denial of admission to educational institutions and institutions providing medical care, as well as restriction of other rights and legitimate interests of HIV-infected people on the basis of the presence of HIV infection, as well as restriction of housing and other rights and legitimate interests of family members of HIV-infected people.

Parents whose children are HIV-infected, as well as other legal representatives of HIV-infected minors, have the right to:

1) joint stay by such children under the age of fifteen years in a hospital of an institution that provides medical care, with the payment of state social insurance benefits during this time;

2) maintaining uninterrupted work experience for one of the parents or other legal representative of an HIV-infected minor under the age of eighteen years in case of dismissal to care for him and provided that he enters work before the minor reaches the specified age; the time spent caring for an HIV-infected minor is included in the total length of service.

HIV-infected minors under the age of eighteen are assigned a social pension, allowance and are provided with social support measures established for children with disabilities by the legislation of the Russian Federation. Persons caring for HIV-infected minors are paid an allowance for caring for a disabled child in the manner prescribed by the legislation of the Russian Federation.

Compensation for harm caused to the health of persons infected with the human immunodeficiency virus as a result of improper performance of their official duties by medical workers of institutions that provide medical care is carried out in the manner prescribed by the civil legislation of the Russian Federation.

56. SOCIAL PROTECTION OF THE HEROES OF THE SOVIET UNION, HEROES OF THE RUSSIAN FEDERATION, FULL CAVALIERS OF THE ORDER OF GLORY AND VETERANS

The Law of the Russian Federation of January 15, 1993 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" establishes the right for these categories of citizens to:

1) free receipt of medicines by prescription of doctors, free provision of medical care (in hospital and outpatient), use of polyclinics upon retirement, to which they were attached;

2) free provision of vouchers for sanatorium treatment and rest homes (for members of their families - preferential provision of vouchers for 25% of their cost);

3) free production and repair of dentures (with the exception of dentures made of precious metals);

4) free travel on all types of urban passenger transport (except for taxis);

5) free travel on suburban railway and water transport;

6) free travel once a year (round trip) by rail, air or intercity road transport;

7) free travel to the place of treatment and back by rail, air and water transport;

8) exemption from paying for housing, utilities and fuel, from paying for the use of telephones and non-departmental burglar alarms, extraordinary free installation of an apartment telephone;

9) free receipt of ownership of residential premises (including departmental housing stock);

10) free receipt of land plots for the construction of houses and summer cottages and for gardening;

11) preferential taxation;

12) free burial (including the right to provide a place for burial, preparation and transportation of the body to the place of burial, cremation and burial) with military honors of the deceased (deceased) Hero of the USSR or the Russian Federation and full holder of the Order of Glory at the expense of the federal budget. Construction on the grave of the deceased (deceased) Hero of the USSR or the Russian Federation or the full cavalier of the Order of Glory of the tombstone established by the Government of the Russian Federation at the expense of the federal budget. Additional costs associated with changing the tombstone model established by the Government of the Russian Federation are paid by the family of the deceased (deceased) or the sponsoring organization.

Heroes or full cavaliers of the Order of Glory, upon their application, are set a monthly cash payment in the amount of 32 rubles.

Family members (spouse (husband), parents, children under the age of eighteen and children under the age of twenty-three studying in educational institutions full-time) Heroes of the USSR or the Russian Federation or full holders of the Order of Glory, who have a monthly cash payment, are also eligible for benefits.

Author: Mikhail Belousov

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