Advanced Search

About The Fundamentals Of Obligatory Social Insurance

Original Language Title: Об основах обязательного социального страхования

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On the bases of mandatory Social insurance Adopted by the State Duma on June 9, 1999 July 1999 (In the wording of Federal Law of 31.12.2002) N 190-FZ; of 23.12.2003 N 185-FZ; 05.03.2004 N 10-FZ; of 14.07.2008 N 117-FZ; dated 24.07.2009 N 213-FZ; dated 29.11.2010 N 313-FZ; of 11.07.2011 N 200-FZ; of 25.11.2013 N 317-FZ; of 28.12.2013 N 421-FZ; dated 21.07.2014 N 216-FZ; dated 01.12.2014. N 407-FZ Chapter I. General provisions Article 1. The object of regulation and purpose of this Federal Law This Federal Act, in accordance with the generally recognized principles and norms of international law, regulates the relationship in the system of compulsory social security. insurance, determines the legal position of the subjects of compulsory social insurance, the grounds for the emergence and order of the exercise of their rights and duties, the responsibility of the subjects of compulsory social insurance, and establishes Framework for State regulation of the compulsory social Insurance. (In the wording of the federal laws of 05.03.2004) N 10-FZ; of 24.07.2009 N 213-FZ) Compulsory social insurance is part of the public social protection system, the specificity of which is the federal law of working citizens A possible change in the material and/or social situation, including due to circumstances beyond their control. Compulsory social insurance is a system of legal, economic and organizational measures established by the State to compensate or minimize the effects of changes in the material and/or social The situation of working citizens, and in the cases provided for by the legislation of the Russian Federation, other categories of citizens, due to the age of retirement, disability, loss of breadwinner, illness, injury, of an industrial accident or occupational disease, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Law of 24.07.2009 N 213-FZ) This Federal Law applies also to self-supporting persons and other categories of citizens in the event of the Russian Federation's legislation The payment of insurance premiums on compulsory social insurance (hereafter referred to as insurance contributions). (In the wording of the federal laws of 05.03.2004) N 10-FZ; of 24.07.2009 N 213-FZ The procedure for compulsory social insurance for non-working citizens is determined by federal laws on specific types of compulsory social insurance. This Federal Act does not apply to compulsory State insurance governed by special legislation of the Russian Federation. Article 2. Russian legislation on compulsory social insurance Russian Federation law on compulsory social insurance consists of this Federal Act, other OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 3. The basic concepts and terms used in this Federal Law For the purposes of this Federal Law, the following concepts and terms are used: insurance contribution-Mandatory payment for mandatory payment Social insurance; premium rate-premium rate set for a specific type of compulsory social insurance from accrued benefits and other benefits to insured persons; (In the federal laws dated 05.03.2004. N 10-FZ; of 24.07.2009 N 213-FZ) Social Insurance Risk-An implied event where compulsory social insurance is implemented; (In the wording of Federal Law dated 24.07.2009 N 213-FZ ) Insurance case- fait accompli, which raises the obligation of the insurerand, in some cases, established by federal laws, also the insured person to ensure compulsory social insurance; (In the wording of federal laws of 31.12.2002) N 190-FZ; dated 24 July 2009 N 213-FZ) providing for compulsory social insurance (hereinafter referred to as insurance)-performance by insurer, and in individual cases established by federal laws-also by the insured Obligations to the insured person when the insured event is insured by insurance payments or other types of security established by federal laws on specific types of compulsory social insurance; (B) Federal Law from 31.12.2002 N 190-FZ) insurance period-the total length of time of payment of insurance premiums; (Federal laws dated 05.03.2004. N 10-FZ; of 24.07.2009 N 213-FZ ) mandatory social insurance funds-money and property, which are under the operational control of the insurer of specific types of compulsory social insurance. Article 4. The basic principles of implementing compulsory social insurance Basic principles of implementing compulsory social insurance are: the sustainability of the financial system of compulsory social insurance Insurance provided on the basis of equivalence of insurance and means of compulsory social insurance; (In the wording of Federal Law dated 05.03.2004 N 10-FZ) universal compulsory nature of social insurance, accessibility for insured persons to realize their social guarantees; State guarantee of observance of the rights of insured persons to protection against Social insurance risks and compliance with compulsory social insurance obligations irrespective of the financial position of the insurer; State regulation of the compulsory social insurance system; parity of participation by representatives of entities Social insurance in the administration of the compulsory social insurance system; obligation to pay insurance premiums by insured persons; (In the wording of federal laws dated 05.03.2004. N 10-FZ; of 24.07.2009 N 213-FZ ) responsibility for the targeted use of compulsory social insurance; supervision and public control; autonomy of the financial system of mandatory social security Insurance. Article 5. Powers of the federal state power in the system of compulsory social insurance The powers of the federal public authorities in the system of compulsory social insurance are: establishing the basis for the legal regulation of compulsory social insurance; establishing the types of compulsory social insurance; insurance and entitled to insurance; establishing the conditions for the appointment and size of insurance; establishing procedures for the adoption of budgets for specific types of compulsory social insurance and the procedure for their execution; Act of 05.03.2004 N 10-FZ) approve budgets of specific types of mandatory social insurance and reports on their execution; (In the wording of Federal Law dated 05.03.2004. N 10-FZ ) fixing insurance premiums for specific types of compulsory social insurance; establishing a basis for the calculation of insurance premiums, including the ceiling databases, as well as the procedure for the collection of insurance contributions and the procedure for the implementation of insurance payments; (In the wording of the Federal Law 24.07.2009. N 213-FZ) Liability of the subjects of compulsory social insurance in violation of Russian law; and guarantees of the sustainability of the financial system of compulsory social insurance; Management of the compulsory social insurance system. Article 6. The subjects of the mandatory social insurance 1. The subjects of compulsory social insurance are parties to compulsory social insurance. 2. The subjects of compulsory social insurance are insured persons (employers), insurers, insured persons, as well as other bodies, organizations and citizens determined in accordance with federal laws on specific types of compulsory insurance. Social insurance. Insurers-organization of any organizational and legal form, as well as citizens obliged under federal laws on specific types of compulsory social insurance to pay insurance contributions, and in In certain cases, established by federal laws, the payment of certain types of insurance is provided. Insurers are also the executive and local government agencies obliged under federal laws on specific types of compulsory social insurance to pay insurance premiums. Insurers shall be determined in accordance with federal laws on specific types of compulsory social insurance. (In the wording of federal laws of 31.12.2002) N 190-FZ; 05.03.2004 N 10-FZ; of 24.07.2009 N 213-FZ ) Insurers- commercial or non-profit organizations created under federal laws on specific types of compulsory social insurance to ensure rights insured persons for compulsory social insurance in the event of an accident. (In the wording of Federal Law of 28.12.2013) N 421-FZ) Insured persons are citizens of the Russian Federation, as well as foreign nationals and stateless persons working under employment contracts, persons self-employed, or other categories of citizens, which are subject to compulsory social insurance under federal law on specific types of compulsory social insurance. 3. Intermediating activities in the compulsory social insurance system are not permitted. Article 7. Types of social insurance risks. Insurance cases 1. Types of social insurance risks are: 1) the need for medical assistance; (2) loss of earnings (payments, benefits to an insured person) or other person income due to the occurrence of an insurance event; 3) additional expenses of the insured person or members of his family in connection with the event of an insurance event. (Paragraph in the wording of Federal Law dated 24.07.2009 N 213-FZ 1-1. Insurance cases include reaching retirement age, disability, loss of breadwinner, illness, injury, accident at work or occupational disease, pregnancy and childbirth, birth of a child (children), care for A child under 18 months of age and other cases established by federal law on specific types of compulsory social insurance. (The paragraph is amended by the Federal Law of 24.07.2009). N 213-FZ) 2. At the same time, in the case of a few insured events, the insurance coverage for each insurance event is determined in accordance with the federal laws on specific types of compulsory social insurance. Article 8. Types of insurance coverage under the mandatory social insurance 1. (Spconsumed by Federal Law of 24.07.2009) N 213-FZ) 2. The insurance coverage for certain types of compulsory social insurance is: 1) the cost of the medical organization to provide the insured person with the necessary medical care; (In the wording of Federal Law No. N 317-FZ) 2) oldage pension; 3) invalidity pension; 4) survivor's pension; 5) disability benefit; 6) insurance Payment of industrial accidents and occupational diseases, payment of additional expenses for medical rehabilitation, sanatorium-resort treatment, social and professional rehabilitation; (as amended by federal laws dated 24.07.2009 N 213-FZ; of 25.11.2013 N 317-FZ ) 7) maternity allowance; 8) monthly childcare allowance; (In the wording of Federal Law dated 24.07.2009 N 213-FZ ) 9) other types of insurance provided by federal laws on specific types of compulsory social insurance; (In the wording of Federal Law dated 24.07.2009 N 213-FZ ) 10) a one-time allowance for women who are taught in medical organizations in early pregnancy; (In the wording of Federal Law dated 25.11.2013. N 317-F) 11) a one-off allowance at the birth of a child; 12) (Spaced by Federal Law dated 24.07.2009 N 213-FZ) 13) burial allowance; 14) (Spent force-Federal Law 24.07.2009. N 213-FZ) Article 9. The relationship between mandatory social insurance 1. The relationship of compulsory social insurance arises: 1) the insured person (the employer)-for all types of compulsory social insurance from the time the employee was concluded with the labor contract; 2) for other insured persons -from the time of their registration by the insurer; 3) of the insurer-from the moment of the registration of the insured person; 4) to the insured persons-all types of compulsory social insurance from the time of the conclusion of the employment contract with by the employer, if not otherwise established by federal laws ; (In the wording of Federal Law No. N 407-FZ ) 5) for self-supporting persons and other categories of citizens, from the time they are paid or insured by unless otherwise specified by federal laws. class="ed"> (In the federal laws of 31/12/2002) N 190-FZ; 05.03.2004 N 10-FZ; of 24.07.2009 N 213-FZ 2. The registration of the insurer in the executive bodies of the insurer is carried out in the cases prescribed by the federal laws on specific types of compulsory social insurance. The procedure for registration and liability for evasion of registration is established by federal laws on specific types of compulsory social insurance. (In the wording of Federal Law No. N 185-FZ Chapter II. Rights and obligations of the subjects of compulsory social insurance Article 10. Rights and obligations of the insured 1. Insured persons have the right: 1) to receive insurance in a timely manner and under conditions established by federal laws on specific types of compulsory social insurance. In the cases established by federal laws, the right to insurance may be made by members of the family of the insured person and the dependent person; 2) for the protection of the person, through his or her representative or the trade union of his or her rights, number in court; 3) to participate through a representative or trade union in the management of compulsory social insurance; 4) to obtain information about the activities of insurers and insured persons; 5) to make Proposals, through a representative or trade union, on insurance premium rates The Government of the Russian Federation 2. Insured persons are required: (1) to produce, in a timely way, documents that contain reliable information and are the basis for the appointment and payment of the insurance provided by the federal law on a specific form compulsory social insurance; 2) pay insurance premiums, if such obligation is established by federal laws on specific types of compulsory social insurance. (In the wording of the federal laws of 05.03.2004) N 10-FZ; of 24.07.2009 N 213-FZ) Article 11. Rights and obligations of insurers 1. Insurers have the right: 1) when an insurance event occurs, if necessary, to appoint and carry out an examination to check the occurrence of an insurance event; (2) to check the records of the accounting and the transfer of insurance premiums, and In addition, the Russian Federation's Social Insurance Fund, the Social Insurance Fund of the Russian Federation, the Federal Fund for Social Insurance and the Social Insurance Fund of the Russian Federation compulsory health insurance and territorial funds Medical insurance "and (or) federal laws on specific types of compulsory social insurance; (In the federal laws dated 05.03.2004. N 10-FZ; of 24.07.2009 N 213-FZ) 3) not to accept the costs of compulsory social insurance, which are in violation of Russian law; 4) to be recovered from the insured in the order established by the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian Federation, Federal Compulsory Medical Fund Insurance and territorial funds of compulsory health insurance "and (or) federal laws on specific types of compulsory social insurance"; (In the wording of Federal Law dated 24.07.2009 N 213-FZ 5) (Federal Act of 24.07.2009) N 213-FZ ) 6) grant insurance premiums to policyholders under federal statutory cases; (In the wording of Federal Law dated 05.03.2004. N 10-FZ) 7) to provide social insurance for self-employed, under conditions specified by federal law on specific types of compulsory social insurance; 8) To sue for damages and claims for damages, including redress for the costs incurred. 2. Insurers are obliged: 1) to prepare, taking into account the views of employers and trade unions, the justification of insurance premiums; 2) to collect insurance premiums in the cases envisaged by federal laws of specific types of compulsory social insurance, as well as the timely payment of insurance (regardless of the purpose of the examination to verify the occurrence of the insurance event) , in accordance with the federal Laws; (In the wording of federal laws from 31.12.2002 N 190-FZ; of 24.07.2009 N 213-FZ) 3) regularly inform insured persons, insured persons, state organizations, public organizations of their financial condition and take measures to ensure their financial sustainability; 4) Control the correct assessment, timely payment and transfer of insurance premiums by insured persons in cases stipulated by federal laws on specific types of compulsory social insurance of insurance, as well as the costs of compulsory social security Insurance provided by federal laws on specific types of compulsory social insurance; (In the wording of the Federal Law dated 24.07.2009 N 213-FZ) 5) monitor the correctness and timeliness of the assignment and payment of insurance coverage for insured persons; class="ed"> in the cases provided for by federal laws; (as amended by the federal laws of 5 March 2004). N 10-FZ; of 24.07.2009 N 213-FZ; dated 29.11.2010 N 313-FZ) 7) to register insured persons in cases provided for by federal laws; (In the wording of Federal Law dated 29.11.2010. N 313-FZ ) 8) maintain a single accounting of insured persons and insured persons, income and expenditure of compulsory social insurance on the basis of common (universal) identification (s). Informational interaction and mutual reconciliation of the reliability of the information provided for the maintenance of the personalized accounting of insured persons, through the conclusion of appropriate social insurance. conventions; (In the wording of Federal Law dated 29.11.2010. N 313-FZ) 9) provide free coverage to insured persons and insured persons or their representatives, as well as public and public organizations, for information on their activities, except for information, The law of the Russian Federation establishes the requirement of confidentiality and the procedure for the transfer of which is established by the legislation of the Russian Federation; (In the wording of Federal Law dated 11.07.2011 N 200-FZ) 10) provide free information and advice to policyholders about statutory legal acts on compulsory social insurance. Article 12. The rights and obligations of insured persons 1. Insurers have the right: 1) to participate through their representatives in the management of compulsory social insurance; 2) to make proposals on the tariffs of insurance contributions for specific types of compulsory social insurance Insurers and the Government of the Russian Federation; the insured persons; 4) to participate through their representatives in the calculation of the reasonableness of the premium rates; 5) apply to the insurer for a delay in the payment of insurance premiums in cases provided for by federal laws; class="ed"> (In the federal laws of 05.03.2004) N 10-FZ; dated 24 July 2009 N 213-FZ) 6) go to court to defend their rights. 2. Insurers are obliged: 1) to register and withdraw from the insurer's in the manner prescribed by the federal laws on specific types of compulsory social insurance; Federal Law of 23 December 2003 N 185-FZ) (2) pay in due time and in an appropriate amount of insurance premiums; 3) to provide to the insurer the information necessary to maintain an individual (personalized) accounting treatment of the insurance paid Contributions; (In the wording of Federal Law of 05.03.2004) N 10-FZ) 4) to maintain insurance premiums and to represent the insurer in prescribed federal statutory social insurance laws; 5) to charge the insurer for review of the records of the accounting and transfer of insurance contributions and the use of compulsory social insurance in the cases stipulated by the federal laws on specific types Mandatory social insurance; (In the edition Federal laws of 5 March 2004. N 10-FZ; dated 24 July 2009 N 213-FZ) 6) pay certain types of insurance coverage for insured persons under federal laws on specific types of compulsory social insurance class="ed">, including their own funds. (In the wording of Federal Law of 31.12.2002) N190-FZ) Chapter III. { \field { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } Mandatory Manage the mandatory 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, shall administer the compulsory social insurance system. 2. Compulsory social insurance is carried out by the insurers in accordance with federal laws on specific types of compulsory social insurance. (In the wording of Federal Law of 28.12.2013) N 421-FZ) 3. The means of compulsory social insurance are the federal state property, unless otherwise provided by federal laws. (In the wording of Federal Law dated 28.12.2013. N 421-FZ) 4. The organizational and legal form of insurers is defined by federal laws. (In the wording of Federal Law 28.12.2013 N 421-FZ) 5. Insurers manage the means of compulsory social insurance. (In the wording of Federal Law of 28.12.2013) N 421-FZ) 6. Trade unions and other social partners are entitled to equal representation in the governing bodies of specific types of compulsory social insurance. (In the wording of the Federal Law of 05.03.2004) N 10-FZ) Article 14. The control in the system of the required social insurance 1. The financial activities of insurers in the system of compulsory social insurance are monitored in accordance with the legislation of the Russian Federation. 2. Trade unions are entitled under Russian law to exercise trade union control over the use of compulsory social insurance. Chapter IV: Financial system of the mandatory social insurance Article 15. The budget process in the system of mandatory social insurance 1. The budgets of specific types of compulsory social insurance for the next fiscal year and for the plan period shall be approved by federal laws. In the wording of Federal Law of 24.07.2009 N 213-FZ) 2. The draft federal laws on the budgets of funds of specific types of compulsory social insurance for the regular financial year and for the plan period shall be submitted to the State Duma by the Government of the Russian Federation. The established Russian Federation Budget Code . In the wording of Federal Law of 24.07.2009 N 213-FZ) Article 16. { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } target="contents "title=" "> dated 05.03.2004. N 10-FZ) The budgets of the specific types of compulsory 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 the funds of specific types of compulsory social insurance are not subject to exemption. (In the wording of the Federal Law of 05.03.2004) N 10-FZ) Article 17. Sources of cash flow to budgets specific types of the mandatory social insurance (In the wording of Federal Law dated 05.03.2004. N 10-FZ) Sources of cash in the budgets of specific types of compulsory social insurance are: (In the wording of Federal Law dated 05.03.2004. N 10-FZ) premiums; (In the wording of federal laws of 05.03.2004) N 10-FZ; of 24.07.2009 N 213-FZ inter-budgetary transfers from the budgets of the Russian Federation budget system in cases stipulated by the Russian legislation; (in the wording of Federal Law dated 24.07.2009 N 213-FZ ) penalties and penalties; money reimbursed to insurers as a result of the action claims to those responsible for harming the insured; Free money of compulsory social insurance; other revenues that are not contrary to the legislation of the Russian Federation. Article 18. Establishing insurance premiums for compulsory social insurance 1. The rates of insurance premiums for compulsory social insurance are established by federal law. 2. The differentiation of insurance premiums on compulsory social insurance is carried out in the light of the probability of occurrence of social insurance risks, as well as the possibilities of performance of insurance liabilities. 3. The particularities of the establishment of compulsory social insurance premiums, the procedure for their development and consideration are determined by federal laws on specific types of compulsory social insurance. Article 19. { \cs6\f1\cf6\lang1024 } Mandatory { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 Federal Act of 05.03.2004 N 10-FZ) 1. Cash in the budgets of specific types of funds of compulsory social insurance is spent on objectives laid down by federal laws on specific types of compulsory social insurance and on budgets class="ed"> specific types of social insurance for the next fiscal year and for the plan period. (In the wording of the federal laws of 05.03.2004) N 10-FZ; of 24.07.2009 N 213-FZ) 2. Non-earmarked funds of the budgets of specific types of funds of specific types of compulsory social insurance are not permitted and entail the liability of officials who have violated the infringement referred to in this paragraph, in accordance with the legislation of the Russian Federation. (In the wording of the Federal Law of 05.03.2004) N 10-FZ) 3. Reports on the performance of the budgets of the specific types of funds of the compulsory social insurance for a specific financial year are submitted to the Federal Assembly of the Russian Federation by the Government of the Russian Federation and the Federal Assembly of the Russian Federation. are approved by federal laws. (In the wording of the Federal Law of 05.03.2004) N 10-FZ) Article 20. Collection of insurance premiums The insurance premiums are insured under the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation" The Federation, the Federal Compulsory Health Insurance Fund and the compulsory health insurance funds, and (or) federal laws on specific types of compulsory social insurance. (In the wording of Federal Law of 24.07.2009) N 213-FZ Article 21. (Spconsumed by Federal Law of 24.07.2009) N 213-FZ) Article 22. The ordering and payment of the insurance security 1. The basis for the appointment and payment of insurance coverage to the insured person is the occurrence of a documented insurance event. 2. The procedure for the application for insurance, the size and the index of the insurance scheme is established in accordance with the federal laws on specific types of compulsory social insurance. Article 23. Accounting Mandatory Social Security (Federal Law dated 21.07.2014 N 216-FZ) 1. The funds of the compulsory social insurance are taken into account in the accounts opened to the territorial bodies of the Federal Treasury in the units of the Central Bank of the Russian Federation in order to account for operations with the funds of the Pension Fund OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law No. N 216-F) 2. Bank charges for the operation of compulsory social insurance are not charged. Article 24. State guarantees of the sustainability of the financial system of the compulsory social insurance system 1. In the event of a lack of compulsory social insurance in the financial system to ensure payment of pensions and benefits, payment of medical assistance and other expenses established by federal law, the Government of the Russian Federation The drafting of the federal law on the federal budget for the next fiscal year and for the plan period provides for the financial system of mandatory budget transfers from the federal budget to the federal budget. of social insurance in the amount of The federal laws on the specific types of compulsory social security benefits of compulsory social insurance. In the wording of Federal Law of 24.07.2009 N 213-FZ) 2. The attachment of temporarily free funds of compulsory social insurance can only be carried out under the obligations of the Government of the Russian Federation, which ensures their profitability in the manner provided for by the legislation of the Russian Federation. THE RUSSIAN FEDERATION Chapter V: Final provisions Article 25. of the Russian Federation on compulsory social insurance and international law If the international treaties of the Russian Federation or ratified by the Russian Federation International conventions have established rules other than those provided for in the legislation of the Russian Federation concerning compulsory social insurance, the rules of international treaties of the Russian Federation or international conventions apply. Article 26. Periods of limitation The period of limitation in the system of compulsory social insurance shall be established by federal laws on specific types of compulsory social insurance. Article 27. Review and settlement of disputes concerning compulsory social insurance A written statement by the policyholder or the insured person on controversial issues arising in the area of compulsory social insurance, shall be considered by the insurer within ten working days of the date of receipt of the said declaration. The decision taken by the insurer informs the applicant in writing within five working days of the consideration of the application. In the event of disagreement by the insurer or the insured person with the insurer's decision, the dispute shall be resolved by the higher authorities of the insurer or in court in accordance with the procedure established by the law of the Russian Federation. Officials who commit violations in the area of compulsory social insurance are liable in accordance with the legislation of the Russian Federation. Article 28. The regulation of legal acts in conformity with this Federal Law 1. In connection with the adoption of this Federal Act, the existing legal acts shall be applied in part not contrary to this Federal Act. 2. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law within three months from the date of its entry into force. Article 29. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 16 July 1999 N 165-FZ