About The Fundamentals Of Obligatory Social Insurance

Original Language Title: Об основах обязательного социального страхования

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102061035

RUSSIAN FEDERATION federal law on the fundamentals of obligatory social insurance adopted by the State Duma June 9, 1999 the year approved by the Federation Council of the year July 2, 1999 (as amended by the federal laws on 31.12.2002 N 190-FZ;
from 23.12.2003 N 185-FZ; from 05.03.2004 N 10-FZ;
from 10.09.2008 N 117-FZ; from 24.07.2009 N 213-FZ;
from 29.11.2010 N 313-FZ; from 27.11.2010 N 200-FL;
from 25.11.2013 N 317-FZ; from 28.12.2013 N 421-FZ;
from 21.07.2014 N 216-FZ; from 01.12.2014 N 407-FZ) Chapter i. General provisions article 1. Subject and purpose of the present Federal Act this federal law in accordance with the universally recognized principles and norms of international law regulates relations in the system of compulsory social insurance, defines the legal status of the subjects of compulsory social insurance, and the basis for and the implementation of their rights and duties, responsibility of subjects of compulsory social insurance, but also establishes a basis for State regulation of obligatory social insurance. (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) compulsory social insurance-part of the State system of social protection of the population, which is carried out in accordance with the Federal law insuring employees against possible changes of material and (or) social conditions, including conditions beyond their control.
Mandatory social insurance is a system created by the State legal, economic and organizational measures aimed at minimizing the consequences of changes in compensation or material and (or) the social situation of workers, and in cases stipulated by the legislation of the Russian Federation, other categories of citizens as a result of retirement, disability, survivors ', sickness, injury, accident at work or occupational disease, pregnancy and childbirth, the birth of a child (children), care for a child under 18 months of age and other events established by the legislation of the Russian Federation on compulsory social insurance. (As amended by federal law from 24.07.2009 N 213-FZ) effect of this federal law also applies to individuals, self-employed, and other categories of citizens if the legislation of the Russian Federation provides for the payment of them or for them, insurance compulsory social insurance contributions (hereinafter also-insurance premiums). (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) procedure for compulsory social insurance unemployed people is determined by federal laws on certain compulsory social insurance.
The effect of this federal law shall not apply to compulsory State insurance, regulated by special legislation of the Russian Federation.
Article 2. The Russian Federation Law on compulsory social insurance legislation of the Russian Federation on compulsory social insurance consists of this federal law, other federal laws and taken in accordance with them other normative legal acts of the Russian Federation, as well as the laws and regulations of constituent entities of the Russian Federation.
Article 3. Basic concepts and terminology used in the Federal Act for the purposes of this federal law uses the following concepts and terms: Premium-a compulsory payment on compulsory social insurance;
premium rate-the rate of the insurance premium, installed on a specific type of compulsory social insurance with the assessed payments and other remuneration for the benefit of the insured persons; (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) social insurance risk-expected event upon the occurrence of which the compulsory social insurance; (As amended by federal law from 24.07.2009 N 213-FZ) insured event occurred event, with the onset of an insurer's obligation, and in some cases established by federal laws, and also by the insured to carry out the provision on compulsory social insurance; (As amended by the federal laws on 31.12.2002 N 190-FZ; from 24.07.2009 N 213-FZ) providing for compulsory social insurance (hereinafter insurance coverage) performance by the insurer, and in some cases established by federal laws, and the policyholder of its obligations to the insured person upon occurrence of an insured event through insurance payments or other types of support established by federal laws on certain compulsory social insurance; (As amended by the Federal law dated 31.12.2002 N 190-FZ) of insurance-total duration of insurance contributions; (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ)

means of compulsory social insurance funds and property, which are in the operational management of the insurer of the specific types of social insurance.
Article 4. Basic principles for the implementation of obligatory social insurance of the basic principles for the implementation of the compulsory social insurance are: stability of the financial system of compulsory social insurance provided by the equivalence-based insurance coverage and means of compulsory social insurance; (As amended by the Federal law dated 05.03.2004 N 10-FZ) universal social insurance obligatory character, accessibility to insured persons realize their social guarantees;
the State guarantee of observance of the rights of insured persons to protection against social risks and fulfillment of obligations under compulsory social insurance regardless of the financial situation of the insurer;
State regulation of the obligatory social insurance system;
parity of participation by representatives of the subjects of compulsory social insurance administration system of compulsory social insurance;
be bound by the payment of premiums by insured persons; (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) responsible for earmarking funds for compulsory social insurance;
oversight and public scrutiny;
the financial autonomy of the obligatory social insurance system.
Article 5. The powers of the federal authorities in the obligatory social insurance system, the powers of the federal authorities in the system of compulsory social insurance include: establishing the foundations of the legal regulation of compulsory social insurance;
the establishment of compulsory social insurance;
the establishment of a circle of persons subject to compulsory social insurance and having the right insurance coverage;
the establishment of the terms of appointment and the sizes of insurance coverage;
establishing a framework for the acceptance of funds specific types of social insurance and the modalities for their implementation; (As amended by the Federal law dated 05.03.2004 N 10-FZ) approval of funds for specific types of social insurance and performance reports; (As amended by the Federal law dated 05.03.2004 N 10-FZ) tariff setting premiums on the specific types of compulsory social insurance;
the establishment of a base for the calculation of premiums, including the ceiling of this base, as well as charging premiums and order implementation of insurance payments; (As amended by federal law from 24.07.2009 N 213-FZ) establishing compulsory social insurance liability in case of violation of the legislation of the Russian Federation;
determination of the order of compulsory social insurance funds and guarantees stability of the financial system of compulsory social insurance;
management of the system of compulsory social insurance.
Article 6. Subjects compulsory social security 1. Actors-participants of the obligatory social insurance compulsory social insurance relations.
2. the subjects of compulsory social insurance are insured persons (employers), insurers, insured persons, as well as other authorities, organizations and citizens, determined in accordance with the federal laws on certain compulsory social insurance.
Insurers-organization of any organizational-legal form, as well as responsible citizens in accordance with the federal laws on certain compulsory social insurance to pay insurance premiums and, in some cases, established by federal laws, to pay certain types of insurance coverage. Insurers are also bodies of executive power and bodies of local self-government, required in accordance with the federal laws on certain compulsory social insurance pay insurance premiums. The insured shall be determined in accordance with the federal laws on certain compulsory social insurance. (As amended by the federal laws on 31.12.2002 N 190-FZ; from 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) Insurers-commercial or non-profit organizations established in accordance with the federal laws on certain compulsory social insurance to safeguard the rights of insured persons by compulsory social insurance in insurance cases. (As amended by the Federal law of 28.12.2013 N 421-FZ) insured persons-citizens of the Russian Federation, as well as foreign citizens and stateless persons working under employment contracts, a person independently providing yourself with work, or other categories of citizens who have compulsory social insurance relations arise in accordance with the federal laws on certain compulsory social insurance.
3. mediation in the obligatory social insurance system is not allowed.

Article 7. Types of social insurance risks.
Insured events 1. Types of social insurance risks are: 1) the need to obtain medical assistance;
2) loss of insured earnings (remuneration payments in favour of the insured person) or other income in connection with the insured event;
3) additional costs of an insured person or members of his family in connection with the insured event.
(Paragraph as amended by federal law from 24.07.2009 N 213-FZ) 1-1. Insured events are recognized as attaining the retirement age, the onset of disability, loss of breadwinner, disease, trauma, accident at work or occupational disease, pregnancy and childbirth, the birth of a child (children), child care up to the age of one and a half years and other cases established by federal laws on certain compulsory social insurance. (Para supplemented by federal law from 24.07.2009 N 213-FZ)
2. in case of multiple insurance claims payment insurance coverage for each insured event shall be determined in accordance with the federal laws on certain compulsory social insurance.
Article 8. Types of insurance coverage for compulsory social insurance 1. (Repealed-the Federal law from 24.07.2009 N 213-FZ)
2. Insurance providing for individual types of compulsory social insurance are: 1) the payment of medical organization for the costs incurred by the insured person with the necessary medical assistance; (As amended by the Federal law of 25.11.2013 N 317-FZ) 2) oldage pension;
3) disability pension;
4) survivor's pension;
5) benefit for temporary incapacity for work;
6) insurance in respect of accidents at work and occupational disease, payment of additional costs for medical rehabilitation, sanatorium treatment, social and vocational rehabilitation; (As amended by the federal laws on 24.07.2009 N 213-FZ; from 25.11.2013 N 317-FZ) 7) maternity benefit;
8) monthly childcare allowance; (As amended by federal law from 24.07.2009 N 213-FZ) 9) other types of insurance coverage established by federal laws on certain compulsory social insurance; (As amended by federal law from 24.07.2009 N 213-FZ) 10) one-time allowance for women not registered in medical organizations in the early stages of pregnancy; (As amended by the Federal law of 25.11.2013 N 317-FZ) 11) lump-sum benefit paid on the birth of a child;
12) (repealed-the Federal law from 24.07.2009 N 213-FZ) 13) social allowance for burial;
14) (repealed-the Federal law from 24.07.2009 N 213-FZ) Article 9. The emergence of compulsory social insurance relations 1. Compulsory social insurance relationships arise: 1) of the insured (employer) for all types of compulsory social insurance since the conclusion of a labour contract with the employee;
2) other insured from the moment of their registration by the insurer;
3) insurer-from the moment of registration of the insured;
4) insured persons-on all types of compulsory social insurance since the conclusion of the contract of employment with the employer, unless otherwise stipulated by federal laws; (As amended by the Federal law of 01.12.2014 N 407-FZ) 5), self-employed, and other categories of citizens-from the moment of payment of the insurance premiums for them or unless otherwise stipulated by federal laws. (As amended by the federal laws on 31.12.2002 N 190-FZ; from 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) 2. Registration of the insured in the executive bodies of the insurer shall be carried out in cases stipulated by federal laws on certain compulsory social insurance. The order of registration and liability for failure to register shall be established by federal laws on certain compulsory social insurance. (As amended by the Federal law dated 23.12.2003 N 185-FZ), chap. II. The rights and duties of subjects of obligatory social insurance of the Article 10. The rights and obligations of insured persons 1. Insured persons have the right to: 1) on timely receipt of insurance coverage on such terms and conditions as are established by federal laws on certain compulsory social insurance. In cases stipulated by federal laws, the right to insurance coverage can be family members of the insured person and those dependent on him;
2) to defend personally or through a representative trade union for their rights, including in court;
3) to participate, through their representative or Union in the management of compulsory social insurance;
4) to obtain information on the activities of insurers and policyholders;
5) for proposals through a representative or Union on pricing of premiums insurers and the Government of the Russian Federation.
2. insured persons are obliged to:

1) timely present the insurer with documents containing reliable information and are the basis for the appointment and payment of insurance coverage provided for in the Federal law about the specific form of compulsory social insurance;
2) pay insurance premiums, if such an obligation established by federal laws on certain compulsory social insurance. (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ), Article 11. Rights and obligations of the insurers 1. Insurers have the right to: 1) when the insured event to appoint and, if necessary, examine to verify the occurrence of the insured event;
2) check documents for accounting and the alignment of premiums, as well as documents related to the payment of the insurance coverage, in accordance with the Federal law "on insurance premiums in the Pension Fund of the Russian Federation, the social insurance fund of the Russian Federation, the Federal compulsory medical insurance fund and the territorial compulsory medical insurance" and (or) Federal laws on certain compulsory social insurance; (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) 3) don't take to offset the costs of compulsory social insurance, manufactured in violation of the legislation of the Russian Federation;
4) recover from the insured persons in the manner prescribed by the legislation of the Russian Federation, underpaid insurance contributions, as well as impose fines, impose a fine in accordance with the Federal law "on insurance premiums in the Pension Fund of the Russian Federation, the social insurance fund of the Russian Federation, the Federal compulsory medical insurance fund and the territorial compulsory medical insurance" and (or) Federal laws on certain compulsory social insurance; (As amended by federal law from 24.07.2009 N 213-FZ) 5) (repealed-the Federal law from 24.07.2009 N 213-FZ) 6) provide policyholders deferral of payment of insurance premiums in cases established by federal laws; (As amended by the Federal law dated 05.03.2004 N 10-FZ) 7) to implement social insurance of persons, self-employed, on the terms set out in federal laws on certain compulsory social insurance;
8) go to court with claims for protection of their rights and reimbursement of damage, including to seek recourse claims for expenses incurred.
2. insurers must: 1) prepare, taking into account the views of the employers and trade unions the tariff justification premiums;
2) to collect insurance premiums in cases stipulated by federal laws on certain compulsory social insurance, as well as timely payment of insurance coverage (regardless of destination examination to verify the occurrence of the insured event) in accordance with the federal laws; (As amended by the federal laws on 31.12.2002 N 190-FZ; from 24.07.2009 N 213-FZ) 3) regularly inform the insured in accordance with the established procedure, the insured persons, Government, non-governmental organizations about their financial status and take measures to ensure its financial sustainability;
4) ensure the monitoring of the correct charge, timely payment and transfer of premiums insurers in cases stipulated by federal laws on certain compulsory social insurance, as well as for the costs of compulsory social insurance envisaged by federal laws on certain compulsory social insurance; (As amended by federal law from 24.07.2009 N 213-FZ) 5) to monitor the accuracy and timeliness of granting and payment of insurance coverage to insured persons;
6) account for premiums paid in the cases stipulated by federal laws; (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ; from 29.11.2010 N 313-FZ) 7) register of insured persons in the cases provided for by federal laws; (As amended by federal law from 29.11.2010 N 313-FZ) 8) to carry out maintenance of unified accounting of insured persons and policyholders, the income and spending of compulsory social insurance on the basis of uniform (Universal) identification marks, to obligatory social insurance information interaction and reconcile the reliability of information provided to conduct personalized registration of the insured persons, by the conclusion of appropriate agreements; (As amended by federal law from 29.11.2010 N 313-FZ) 9) provide free to policyholders and insured persons or their representatives, as well as State and public organizations with information about their activities, with the exception of information in respect of which the requirement of ensuring its confidentiality and transfer order which is established by legislation of the Russian Federation; (As amended by the Federal law of 11 N 200-FZ)

10) free to inform and advise policyholders on normative legal acts on compulsory social insurance.
Article 12. The rights and obligations of insured persons 1. Insurers have the right to: 1) participate through their representatives in the management of compulsory social insurance;
2) make proposals on tariffs of insurance contributions for specific types of obligatory social insurance of the insurers and the Government of the Russian Federation;
3) receive free insurers information on regulations on compulsory social insurance and amount of insurance coverage paid to insured persons;
4) participate through their representatives in the calculations for determining the reasonableness of the tariff of premiums;
5) apply to the insurer on the deferral of payment of insurance premiums in cases stipulated by federal laws; (As amended by the federal laws of 05.03.2004 g. N 10-FZ; from 24.07.2009 N 213-FZ) 6) to apply to the Court for protection of their rights.
2. Insured persons are obliged to: 1) to register and deregister the insurer's accounting in the manner prescribed by federal laws on certain compulsory social insurance; (As amended by the Federal law dated 23.12.2003 N 185-FZ) 2) to pay on time and in the proper amount of insurance premiums;
3) submitted to the insurer information necessary for conducting the individual (personalized) accounting for premiums paid; (As amended by the Federal law dated 05.03.2004 N 10-FL) 4) keep a record of charges insurance premiums and submitted to the insurer in established federal laws on certain compulsory social insurance periods reporting in the prescribed form;
5) to bring the insurer to validate documents for accounting and insurance premiums payable, compulsory social insurance spending in cases stipulated by federal laws on certain compulsory social insurance; (As amended by the federal laws of 05.03.2004 g. N 10-FZ; from 24.07.2009 N 213-FZ) 6) pay certain types of insurance coverage to insured persons with insurance cases in accordance with the federal laws on certain compulsory social insurance, including at their own expense. (As amended by the Federal law dated 31.12.2002 N 190-FZ), chap. III. Management of the system of compulsory social insurance Article 13. Management of the system of compulsory social insurance 1. The Government of the Russian Federation in accordance with the Constitution of the Russian Federation and the legislation of the Russian Federation operates a system of compulsory social insurance.
2. Compulsory social insurance insurers carry out in accordance with the federal laws on certain compulsory social insurance. (As amended by the Federal law of 28.12.2013 N 421-FZ)
3. compulsory social insurance Funds are the Federal State property, unless otherwise provided for by federal laws. (As amended by the Federal law of 28.12.2013 N 421-FZ)
4. organizational-legal form of insurers is determined by federal laws. (As amended by the Federal law of 28.12.2013 N 421-FZ)
5. the insurer shall carry out control by means of compulsory social insurance. (As amended by the Federal law of 28.12.2013 N 421-FZ)
6. trade unions and other social partners have the right to equal representation in the administration of funds for specific types of social insurance. (As amended by the Federal law dated 05.03.2004 N 10-FL) Article 14. Monitoring in obligatory social insurance system 1. Control over the financial activity of insurers in the obligatory social insurance system is carried out in accordance with the legislation of the Russian Federation.
2. trade unions in accordance with the legislation of the Russian Federation shall have the right to exercise control over the use of Trade Union funds for compulsory social insurance.
Chapter IV. Financial system of compulsory social insurance Article 15. The budget process in the system of compulsory social insurance 1. Budgets funds specific types of compulsory social insurance for the next fiscal year and for the plan period approved by federal laws. (As amended by federal law from 24.07.2009 N 213-FZ)
2. the draft federal laws on Budgets funds specific types of compulsory social insurance for the next financial year and the planning period shall be entered in the State Duma, the Government of the Russian Federation in accordance with the procedure established by the budget code of the Russian Federation. (As amended by federal law from 24.07.2009 N 213-FZ) Article 16. Features of funds specific types of social insurance (as amended by the Federal law dated 05.03.2004 N 10-FZ)

Budgets funds specific types of social insurance are not included in the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets. The budgets of funds specific types of social insurance are not subject to seizure. (As amended by the Federal law dated 05.03.2004 N 10-FL) Article 17. Revenue sources of cash funds in the budgets of specific types of social insurance (as amended by the Federal law dated 05.03.2004 N 10-FL) revenue sources of cash funds in the budgets of specific types of social insurance are: (as amended by the Federal law dated 05.03.2004 N 10-FZ) premiums; (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ) intergovernmental transfers from budgets of the budget system of the Russian Federation in cases stipulated by the legislation of the Russian Federation; (As amended by federal law from 24.07.2009 N 213-FZ) penalties and fines;
funds reimbursed to insurers as a result of recourse claims to be responsible for causing injury to the insured persons;
revenues from placing temporarily free funds of obligatory social insurance;
other revenues, which do not contradict the legislation of the Russian Federation.
Article 18. Tariffs of insurance compulsory social insurance contributions 1. Rates premiums on compulsory social insurance are set by federal law.
2. Differentiation of tariffs of insurance compulsory social insurance contributions is based on the likelihood of social insurance risks as well as opportunities for performance of insurance obligations.
3. features of the tariff setting premiums on compulsory social insurance, the procedure for their formulation and review are determined by federal laws on certain compulsory social insurance.
Article 19. Expenditure of funds funds specific types of social insurance and performance reports (as amended by the Federal law dated 05.03.2004 N 10-FZ dated December 30, 2008) 1. Money funds specific types of social insurance is spent on objective established by federal laws on certain compulsory social insurance budgets and funds specific types of compulsory social insurance for the next fiscal year and for the plan period. (As amended by the federal laws of 05.03.2004 N 10-FZ; from 24.07.2009 N 213-FZ)
2. Misappropriation of funds funds specific types of social insurance is not allowed and shall entail liability of officials who have committed specified in this paragraph the violation in accordance with the legislation of the Russian Federation. (As amended by the Federal law dated 05.03.2004 N 10-FZ)
3. Budget performance reports on funds specific types of compulsory social insurance for the financial year made to the Federal Assembly of the Russian Federation the Government of the Russian Federation and approved by federal laws. (As amended by the Federal law dated 05.03.2004 N 10-FL) Article 20. Payment of premiums the payment of premiums by insured persons is carried out in accordance with the Federal law "on insurance premiums in the Pension Fund of the Russian Federation, the social insurance fund of the Russian Federation, the Federal compulsory medical insurance fund and the territorial compulsory medical insurance" and (or) Federal laws on certain compulsory social insurance. (As amended by federal law from 24.07.2009 N 213-FZ), Article 21. (Repealed-the Federal law from 24.07.2009 N 213-FZ), Article 22. The procedures for the appointment and payment of insurance coverage 1. The reason for the appointment and payment of insurance coverage to the insured person is offensive documented the insured event.
2. the procedure for applying for insurance, size and indexation of insurance coverage shall be determined in accordance with the federal laws on certain compulsory social insurance.
Article 23. Accounting for social insurance funds (as amended by the Federal law of 21.07.2014 N 216-FZ dated December 30, 2008) 1. Compulsory social insurance funds are accounted on the accounts opened by territorial bodies of the federal Treasury in the units of the Central Bank of the Russian Federation for accounting operations with funds of the budgets of the Pension Fund of the Russian Federation, the social insurance fund of the Russian Federation, the Federal compulsory medical insurance fund and of the territorial compulsory medical insurance funds. (As amended by the Federal law of 21.07.2014 N 216-FZ)
2. charges for bank services in operations with means of compulsory social insurance, no fee will be charged.
Article 24. State guarantees of stability of the financial system of compulsory social insurance

1. In the event of a shortage in the financial system of compulsory social insurance funds to ensure the payment of pensions and allowances, payment, medical care and other expenses established by federal laws, the Government of the Russian Federation in developing the draft federal law on the federal budget for the next fiscal year and the planning period includes intergovernmental transfers from the federal budget the financial system of compulsory social insurance in size to ensure established federal laws on certain compulsory social insurance compulsory social insurance payments. (As amended by federal law from 24.07.2009 N 213-FZ)
2. Attachment of temporary free funds of obligatory social insurance may be carried out only under the obligation of the Government of the Russian Federation to ensure their profitability in the manner prescribed by the legislation of the Russian Federation.
Chapter V final provisions Article 25. The Russian Federation Law on compulsory social insurance and the rules of international law if the Russian Federation's international treaties or international conventions which have been ratified by the Russian Federation stipulates other rules than those provided for by the legislation of the Russian Federation on compulsory social insurance, apply the provisions of international treaties of the Russian Federation or international conventions.
Article 26. Periods of limitation of limitation periods in the system of compulsory social insurance are established by federal laws on certain compulsory social insurance.
Article 27. Review and dispute resolution on obligatory social insurance of the written statement of the policyholder or insured person on controversial questions arising within the scope of compulsory social insurance, is considered by the insurer within ten working days of receipt of the application. Of the decision, the insurer notify the applicant in writing within five working days after the consideration of such a declaration be considered.
In case of disagreement by the policyholder or the insured person with the insurer of a decision of the dispute shall be settled in higher instances of the insurer, or in the Court in the manner prescribed by the legislation of the Russian Federation.
Officials involved in the violations in the sphere of obligatory social insurance shall bear responsibility in accordance with the legislation of the Russian Federation.
Article 28. Bringing of normative legal acts in accordance with this federal law 1. In connection with the adoption of this federal law applicable normative legal acts are applied if they do not contradict this federal law.
2. invite the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law within three months from the date of its entry into force.
Article 29. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Russian President Boris Yeltsin in Moscow, the Kremlin July 16, 1999 N 165-FZ