On Amendments And Additions To The Federal Law "on Compulsory Social Insurance Against Industrial Accidents And Occupational Diseases"

Original Language Title: О внесении изменения и дополнений в Федеральный закон "Об обязательном социальном страховании от несчастных случаев на производстве и профессиональных заболеваний"

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law "on compulsory social insurance against industrial accidents and occupational diseases adopted by the State Duma April 2, 2003 the year approved by the Federation Council of the year April 9, 2003 (as amended by the Federal law of 29.12.2015 N 394-FZ), Article 1. To amend the Federal law dated July 24, 1998 N 125-FZ "on compulsory social insurance against industrial accidents and occupational diseases" (collection of laws of the Russian Federation, 1998, N 31, art. 3803; 2002, N 1, art. 2), the following change and additions: 1. paragraph 1 of article 19 shall be amended as follows: "1. the policyholder is liable for nonperformance or improper performance of the duties assigned to him by this federal law responsibilities for timely registration as insured insurer timely and full payment of the insurance premiums, the timely submission of the insurer established reporting, as well as for the timely and full payment of the appointed insurer of insurance payments to insured.
Breach of article 6 hereof the term of registration as the policyholder the insurer shall entail the recovery of a fine of five thousand rubles.
Breach of article 6 hereof the term of registration as insured insurer for more than 90 days shall result in recovery of a fine of 10 thousand rubles. (Repealed-federal law 29.12.2015 N 394-FZ), non-payment or incomplete payment of the amounts of the premiums as a result of the underestimation of the taxable base for the calculation of premiums, an incorrect calculation of the amounts of premiums or other illegal actions (inactivity) involves collecting a fine of 20 percent of the due premiums, and intentionally such acts at a rate of 40 per cent of the due premiums.
Violation of the deadline the insurer or its designated reporting failure leads to the recovery of a fine of one thousand rubles, and the repetition of such acts in the course of a calendar year in the amount of five thousand rubles.
Attraction of insured insurer liable in a manner similar to an order established by the tax code of the Russian Federation for accountability for tax violations.
The amount of insurance premiums paid by the policyholder designated and without a corresponding decision of the insurer, the payment of insurance premiums do not qualify.
The policyholder is responsible for reliability of the submitted to the insurer information required for appointment to the insured on insurance. In case the policyholder specified information unreliable unnecessarily incurred expenses for the payment of insurance premiums do not qualify.
Bringing to administrative responsibility for violation of the requirements of this federal law shall be exercised in accordance with the code of the Russian Federation on administrative offences ".
2. Article 22 shall be amended with paragraph 4 as follows: "4. the amounts of the premiums listed by the insured to enter into an employment contract with the employee, the monthly deadline for receipt (listed) banks (other credit organizations) funds for salaries in the past month, and the policyholder obliged to pay insurance premiums on the basis of civil law treaties, within the term set by the insurer.
3. Add the articles 22-1 and 22-2 to read as follows: "article 22-1. The enforcement of the obligation to pay the insurance premiums. Recovery of arrears and penalties 1. In the case of payment of premiums by insured in later compared to established deadlines he pays fine in set by this article, the manner and amount.
Penalties are awarded for each calendar day of delay of payment of insurance premiums.
Default interest accrues over the insurer due to the amounts of premiums and other payments and regardless of foreclosure with insured fines imposed by paragraph 1 of article 19 hereof.
2. the default interest is calculated from the day following the day of payment of insurance contributions installed, and on the day of their payment (foreclosure), inclusive.
Day of payment of premiums is the day of the presentation of the insured in Bank (other credit organization) about transferring payments of premiums if there is sufficient cash balance on the account of the insured person and the payment of cash-making day at Bank (another credit institution) or cash Department of the local authority or the Federal postal service organization the amount of money in an account paying insurance premiums.

Insurance premiums are not considered to be paid in case of withdrawal or return of the insured bank (another credit institution) payment order for transfer of insurance contributions, as well as in case the policyholder at the time of presentation of payment order for transfer of premiums the policyholder has other unfulfilled demands made to the account, which, in accordance with the legislation of the Russian Federation shall be executed as a matter of priority, but does not have sufficient funds in the account to meet all requirements.
3. Charging of penalties is not made if the policyholder confirms that couldn't repay overdraft in force suspension of operations on his/her accounts with the Bank or the seizure of his property.
4. Fines shall be determined as a percentage of arrears.
Nedoimkoj shall be the amount of premiums, not paid within the prescribed time limit.
Interest rate penalties shall be established in the amount of one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time of formation of the arrears.
When you change the specified size of the refinance rate penalties on the basis of the new refinancing rate is determined on the day following the day of its changes.
5. Fines shall be paid by the insured simultaneously with the payment of premiums, and in the absence of the insured after payment of insurance contributions in full.
6. Arrears and penalties may be levied by the insurer with the insured person involuntarily due to money and other property insured.
Recovery of arrears and penalties with the policyholder who is a natural person shall be done judicially.
Recovery of arrears and penalties from the insured-legal entity by the insurer on the basis of its decision to recover the indisputably arrears and penalties at the expense of the insured's accounts in the Bank (other institutions), by sending a collection order (orders) for payment of arrears and late interest in Bank (other credit institutions), where the open accounts of the specified insured.
Send order (order) of the insurer for payment of arrears and late interest in Bank (other credit organization) must contain indication of the account of the insured person, which should be produced listing premiums on compulsory social insurance against industrial accidents and occupational diseases, and the amount to be transferred.
Recovery of arrears and penalties may be ruble settlement (current) and (or) foreign currency accounts of the insured, except for the credit, the budget and the deposit (if not the depositary contract expired) accounts.
In case of insufficiency or lack of money resources on accounts of the policyholder who is a legal person or a lack of information on the accounts of the insured, the insurer shall have the right to recover arrears and penalties at the expense of other property of the policyholder who is a legal person, by sending a bailiff.
Article 22-2. Responsibilities of banks (other credit organizations) associated with taking into account of policyholders, the execution of orders for payment of compulsory social insurance against industrial accidents and occupational diseases, and the responsibility for their failure to perform 1. Banks (other credit organization) estimated (current) and other accounts upon presentation of document confirming registration of organizations as insured insurer on compulsory social insurance against industrial accidents and occupational diseases.
Opening bank (another credit institution) the accounts of the organization without the production of the document, confirming registration as insured insurer on compulsory social insurance against industrial accidents and occupational diseases, results in recovery from the Bank (a credit organization) a fine in the amount of 10 thousand rubles.
2. banks (other credit organizations) are required to report on the opening or closing of the organizations referred to in paragraph 1 of this article the insurer accounts at their place of registration within five days from the date of opening or closing the account.
Failure of a Bank (a credit organization) information about opening or closing the account organization results in recovery from the insurer of the Bank (a credit organization) a fine of 20 thousand rubles.
3. term of banks (in other credit institutions) order of the policyholder for payment of premiums to the insurer or collection orders (orders) of the insurer for the recovery of insurance premiums from the insured-legal entity is one operation day on the day following the day of receipt of such a designation.

If there is a violation of the banks (in other credit institutions) to accomplish the task of the policyholder for payment of premiums to the insurer, as well as with the non-performance by the banks (credit institutions) collection orders (orders) of the insurer for the recovery of insurance premiums from the insured-legal entity if there are sufficient funds in the account specified by the policyholder, the insurer charges from banks (other credit organizations) default interest at the rate of one stopjatidesjatoj the refinancing rate of the Central Bank of the Russian Federation but not more than 0.2% per each day of delay.
4. Recovery of penalties and fines from banks (other credit organizations) is carried out by the insurer in the same order the recovery of penalties and fines from insurers are legal entities.
5. Bringing to administrative responsibility for violation of the requirements of this federal law shall be exercised in accordance with the code of the Russian Federation on administrative offences ".
4. paragraph 1 of article 24 to supplement paragraph reading: "Insurers quarterly, no later than 15th of the month following the quarter end, represent the insurer in accordance with the established procedure in the place of their registration statements on form established by the insurer.
Article 2. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow April 22, 2003 N 47-FZ

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