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On Amendments To Certain Legislative Acts Of The Russian Federation With Regard To State Support For Citizens With Children

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части государственной поддержки граждан, имеющих детей

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation in Part State Support for Citizens with Children Adopted by the State Duma on November 15, 2006 Approved by the Federation Council on November 24, 2006 (In the wording of federal laws dated 24.07.2009 N 213-FZ; dated 29.12.2010 N 439-FZ; of 29.12.2012 N 273-FZ) Article 1 of the Russian Federation. 1929; N 48, sect. 4566; 1996, N 26, st. 3028; N 49, sect. 5489; 1997, N 1, sect. 3; 1998, N 30, sect. 3613; N 31, st. 3812; 1999, N 29, Art. 3692; 2000, N 29, est. 3002; N 33, st. 3348; 2001, N 23, sect. 2284, 2285; N 53, sect. 5017; 2002, N 30, est. 3033; 2004, N 35, sect. 3607; 2005, N 1, article 32; N 52, sect. 5591, 5594) the following changes: 1) in Part 1 of Article 1: (a) the fourth paragraph should read: " Foreign citizens and stateless persons permanently resident in the territory of the Russian Federation, as well as refugees; "; b) to supplement the following paragraph: " Temporary residents in the Russian Federation and subject to compulsory social insurance for foreign nationals and stateless persons. "; (2) Article 2 should be supplemented with the following sentence: " For The uniform application of this Federal Law may, if necessary, be explained in accordance with the procedure defined by the Government of the Russian Federation. "; 3) in article 3: (a) in Part One: In paragraph 5 of the word "for the period of leave" and the words "until the age of one and a half", delete; add a paragraph to read as follows: "a lump-sum benefit in the placement of a child in a family."; (b) In the second word: " Procedures for the appointment and payment of such State benefits shall be fixed "shall be replaced by the words" Procedure and conditions for the appointment and payment of these State aids shall be fixed "; (4) in the first article 4: (a) the second and third paragraphs, as follows: of the Social Insurance Fund of the Russian Federation in the form of a maternity allowance, a lump-sum benefit for women who have been included in the early pregnancy care, a lump-sum benefit on the birth of a child (with the exception of the benefits covered by the paragraphs) of the Convention on the Rights of the Child). Professional and higher vocational education and institutions of post-graduate vocational training; women who have been dismissed during pregnancy, maternity leave and persons dismissed during the period of parental leave links with the liquidation of organizations, termination of natural persons activities as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as termination of activities by other natural persons whose professional activities in accordance with with federal laws is subject to state registration and (or) licensing; of the federal budget allocated in accordance with the established procedure to the federal executive authorities, in which the legislation of the Russian Federation provides for military service, as a person of private and Representatives of the Ministry of Internal Affairs, the State Fire Service, employees of institutions and bodies of the penal correction system, bodies for control of narcotic drugs and psychotropic substances, customs authorities, The type of maternity benefit, the lump-sum benefit for women who have been taken into account in the early pregnancy, the lump-sum benefit at the birth of the child, the monthly child care allowance for the women who pass Military service under contract; persons serving as persons Members of the internal affairs bodies, the State Fire Service, the employees of the agencies and bodies of the penal correction system, the control of the traffic of narcotic drugs and psychotropic substances, customs and other authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION pregnancy, maternity leave and persons fired during the period Parental leave in connection with the liquidation of the organizations (except for the monthly child care allowance provided for in the second part of this paragraph) and the expiry of their employment contract in military units, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation; non-working wives of military personnel under contract in the territories of foreign states; "; b) in paragraph 4 of the word" in-service ", replace" by-person training "; in) with the following paragraphs: " Federal funds OF THE PRESIDENT OF THE RUSSIAN FEDERATION Elimination of monthly child care allowance provided for in the paragraphs 2 and 3 of this Part). The procedure for financing these expenditures is established by the Government of the Russian Federation; subventions provided to the budgets of the constituent entities of the Russian Federation from the Federal Compensation Fund formed in the federal budget The budget, through the federal executive authority, which functions in the administration of public property, the provision of public services in the education sector, and the payment of a lump-sum payment for the placement of a child in the family. "; 5) to supplement Article 4-1 as follows: " Article 4-1. The Russian Federation transfers the power to the State authorities of the constituent entities of the Russian Federation to the payment of a lump-sum benefit in the form of a one-off allowance. A lump-sum benefit in transferring a child to a family. The funds for the exercise of the delegated authority for the appointment and payment of the said benefit are provided for in the Federal Compensation Fund, formed within the federal budget, in the form of subventions. The amount of the Federal Compensation Fund established in the federal budget is determined on the basis of the number of persons entitled to the benefit, as well as from the amount of the benefit established by this instrument. Federal law. Subventions are credited to the budgets of the constituent entities of the Russian Federation in the established federal budget. The Government of the Russian Federation shall determine the procedure for the allocation, expenditure and accounting of funds for the provision of subventions. The State authorities of the constituent entities of the Russian Federation submit quarterly to the federal executive body, which is responsible for the formulation of public policy and regulatory and regulatory measures in the sphere of human rights. financial, credit, monetary policy, report on the expenditure of grants awarded, indicating the number of persons entitled to the benefit, and to the federal executive authority exercising the functions of public administration Regulatory policy and regulatory framework in the field of education, Lists of persons who have been paid a lump-sum benefit in the transfer of a child to a family, specifying the categories of recipients and the reasons for receiving the benefit. If necessary, additional reporting data shall be submitted in the manner determined by the Government of the Russian Federation. The funds for the exercise of the authority to appoint and pay a lump-sum benefit during the placement of a child in a family are targeted and cannot be used for other purposes. In the case of misuse of these funds, the federal executive authority exercising supervisory and oversight functions in the financial and budgetary sphere is entitled to recover the said funds in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Control over expenditure of these funds is carried out by the federal executive authority exercising control and oversight functions in the financial and budgetary sphere, and its authorized bodies, the federal authority the executive, exercising control and supervision in the field of education and science. "; 6), chapter I to add the following article 5-1: Article 5-1. Method of calculation of average earnings (income) for the purpose of State benefits to citizens, having children The procedure for calculating the average wage (income) for the purpose of maternity allowance; and The monthly child care allowance is established by the Government of the Russian Federation. "; 7) in article 6: (a) in the second paragraph, the word" State "is replaced by the word" compulsory ", the words" enterprises, institutions and " delete, after "organizations" to be supplemented with the words ", cessation of by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as termination of activities by other natural persons whose professional Activities under federal laws are subject to State registration and (or) licensing "; b) in the third word" by-person " to read 8) in article 8: (a) paragraphs 2 and 3 should read: " average earnings per place of work for the last 12 calendar months preceding the month of maternity leave subject to conditions established by federal laws and other regulatory legal acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION of States in cases provided for by international treaties OF THE PRESIDENT OF THE RUSSIAN FEDERATION The status of counsel, as well as the termination of activities by other natural persons whose professional activities under federal laws are subject to State registration and (or) licensing, for a period of twelve months, prior to the date of recognition, as appropriate Unemployed; "; b) in paragraph 4 of the word" in-service ", replace the words" by face-to-face training "; (9) in article 11: (a) in the first word" (adoption aged up to three months) " should be deleted; b) in the second word "(adoption)" delete; 10) in article 12, the word "(adoption)" delete; 11), add the following words: Article 12-1. The right to a one-off allowance for the placement of a child in the family Right to a one-off allowance during the placement of a child in a family (adoption, tutorship or guardianship), The adoptive family of children who have been left without parental care in the case of unknown parentage, have been declared dead, are deprived of their parental rights and are recognized as missing, incapacitated (limited) who are incapacitated) and may not be brought up and maintained in person Children are serving their sentences in penal institutions, are held in detention facilities for suspects and accused persons, evade the upbringing of their children or protect their rights and interests, or refused to take their child from educational, medical, social welfare institutions and other similar institutions, and has one of the adoptive parents, guardians or foster parents. In the case of placement in the family of two or more children, the allowance is paid for each child. Article 12-2. The amount of the one-off allowance for the placement of a child in the family One-time allowance is payable in the amount of RUB 8,000 for the placement of a child in foster care. "; 12) Article 13, set out in , to read: " Article 13. The right to a monthly child care allowance The right to a monthly child care allowance is: mothers or fathers, other relatives, guardians who are actually caring for the child Social insurance and maternity leave; mothers performing military service under contract, mothers or fathers serving as ordinary and senior members of the internal affairs agencies, State firefighting service, staff of institutions and bodies of the penal correction system, the organs controlling the traffic in narcotic drugs and psychotropic substances, the customs authorities and those on leave for the care of the child; (Paragraph of sixth paragraph 12 is no more effective- Federal Law of 24.07.2009 N 213-FZ ) mothers or fathers, other relatives, carers who are actually caring for a child removed during the period of parental leave due to the liquidation of the organizations, the cessation of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of legal representation, as well as termination of activities by other natural persons whose professional activities in accordance with federal law The laws are subject to State registration and (or) Licence, including those dismissed from organizations or military units located outside the Russian Federation who have been dismissed because of the expiry of their employment contract in military units located outside the Russian Federation, as well as mothers who were dismissed during the period of maternity leave in connection with the transfer of the husband from such parts to the Russian Federation; mothers who have been dismissed during pregnancy, maternity leave in connection with the liquidation of the organizations, the termination of the maternity leave by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as for the termination of activities by other natural persons whose professional activities under federal law are subject to public authority Registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, who have been dismissed in connection with the expiration of their employment contract in military units located outside the Russian Federation The Federation, or in connection with the transfer of the husband from such parts to the Russian Federation; mothers or fathers, guardians who are actually caring for the child and who are not subject to compulsory social insurance (including full-time students in the elementary vocational training institutions, Professional and higher vocational education and institutions of post-graduate vocational education and on leave for childcare); other relatives actually caring for the child and not subject to compulsory social insurance, in the case of the mother and (or) father has died, declared dead, deprived of parental rights, restricted in parental rights, recognized as missing, incapacitated (limited capacity), unable to raise and maintain a child in person, are serving sentences in penal institutions, are held in detention facilities for suspected and accused persons, avoid raising children or protect their rights and interests, or refuse to do so to take her child from educational, medical institutions, institutions Social protection of the population and other similar institutions. The right to a monthly child care allowance is maintained if the person on maternity leave works part-time or at home, and if the training continues. Persons eligible for both the monthly child care allowance and the unemployment benefit are entitled to a benefit on one of the grounds. In the case of maternity leave during maternity leave, she shall be entitled to choose one of the two types of benefits paid during the period of maternity leave. Mothers who are entitled to maternity benefit during the period after childbirth are entitled to receive either a maternity benefit or a monthly child care allowance, with the benefit of the benefit granted, from the date of birth of the child In the case of pregnancy and childbirth, if the amount of the childcare allowance is higher than the amount of the maternity allowance. Persons entitled to a monthly child care allowance on several grounds are entitled to receive a benefit on one of the grounds. In the case of a child being cared for by several persons at the same time, the right to receive a monthly child care allowance is granted to one of these persons. "; 13) editions: " Article 14. The duration of the monthly childcare allowance for the Persons referred to in paragraphs 2 to 5 of article 13 of this Federal Law, the monthly childcare allowance is paid from the day The provision of parental leave until the child reaches the age of 18 months. Persons referred to in paragraph 7 of article 13 of this Federal Act and mothers who have been dismissed during the period of pregnancy referred to in paragraph 6 of article 13 of this Federal Act, the monthly allowance The child is paid from the day of the child's birth until the child reaches the age of 18 months. The mothers who have been dismissed during the period of maternity leave referred to in paragraph 6 of article 13 of this Federal Law, the monthly childcare allowance shall be paid from the date of the child's birth or from the day of birth, the following day after the end of maternity leave, until the child reaches the age of 18 months. Persons referred to in paragraph 8 of article 13 of article 13 of this Federal Law, the monthly childcare allowance is paid from the date of the child's birth, but not earlier than the day of death of the mother and (or) the father or the day of delivery The decision of the court, the decision of the tutelage and guardianship authority, the conclusions of the health care institution, until the child reaches the age of one and a half years. "; " Article 15. Monthly childcare allowance Monthly childcare allowance is paid in the following amounts: 1,500 roubles for first child care and 3,000 roubles for the care of the second child and subsequent child care. The children of the persons referred to in paragraphs 6 to 8 of article 13 of this Federal Law; 40 per cent of the average earnings (income, remuneration) at the place of work (service) for the last 12 calendar months; months preceding the month of parental leave referred to in paragraphs The second is the fifth part of article 13, paragraph 1, of this Federal Act. The minimum amount of the allowance is 1,500 roubles for the first child and 3,000 roubles for the care of the second child and subsequent children. The maximum amount of the childcare allowance may not exceed 6,000 rubles for the full calendar month. In areas and areas where the district wage rates are applied in accordance with the established procedure, the minimum and maximum amounts of the benefit are determined on the basis of these factors. In the case of care of two or more children up to the age of 18 months, the amount calculated in accordance with paragraphs 1 and 2 of this article shall be added together. However, the sum calculated on the basis of average earnings (income, remuneration) may not exceed 100 per cent of the earnings (income, remuneration), but cannot be less summarized The minimum amount of the allowance. In determining the amount of the monthly allowance for the care of the second child and subsequent children, the previous children born to the child's mother are taken into account. In the case of the care of a child (children) born to a mother deprived of parental authority in respect of previous children, the monthly child care allowance is paid in accordance with the amounts set out in this article, of the children in respect of whom she has been deprived of parental rights. "; (15), article 17-2, amend to read: " Article 17-2. Date of the assignment of State benefits to citizens with children Maternity benefit, a one-time allowance for women who are included in early pregnancy care, a lump-sum benefit When the child is born, the monthly child care allowance, as well as a lump-sum benefit for the placement of a child, are appointed if the child's treatment followed no later than six months from the day of the leave pregnancy and childbirth, from the date of the child's birth, from the date of the child's achievement The age of one and a half years, from the date of entry into force of the decision of the court of adoption or from the day of the guardianship or trusteeship authority decision to establish the trusteeship (guardianship) or from the day of the conclusion of the contract for the transfer of a child to education in Foster family. The monthly child care allowance is paid for the entire period during which the person caring for the child has the right to payment of the said allowance in accordance with the law of the Russian Federation. Federations for the relevant period. "; 16) Chapter II to supplement Article 17-3 as follows: Article 17-3. Additional guarantees to citizens who have children State authorities of the constituent entities of the Russian Federation, in accordance with the laws of the constituent entities of the Russian Federation, may increase the established real The law provides for the amount of State benefits from the budgets of the constituent entities of the Russian Federation. ". Article 2 Article 18, paragraph 7, of the Russian Federation Law dated 15 May 1991 N 1244-I "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" (as amended by the Law of the Russian Federation of 18 June 1992 No. 3061-I) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, N 21, sect. Representatives of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 1861; Legislative Assembly of the Russian Federation, 1995, No. 48, art. 4561; 1996, N 51, sect. 5680; 2000, N 33, st. 3348; 2001, N 7, sect. 610; 2002, N 50, 4929; 2004, N 35, sect. The following wording should be amended to read: " 7) a monthly allowance for the care of a child of double size until the child reaches the age of three. However, in the case of care of two or more children, the amount of the monthly childcare allowance is added up. The total amount of the said allowance in the case of care of two or more children cannot exceed 100 per cent of the earnings (income) from which the benefit is calculated, but cannot be less than the summarized double installed Federal law of the minimum amount of monthly childcare allowance; ". Article 3 (Spend the force-Federal Law dated 29.12.2012 N 273-FZ) Article 4 1. The monthly allowance for child-care leave until the age of 18 months, as at 31 December 2006, is to be repaid as of 1 January 2007, in accordance with Federal Law N 81-FZ" On State benefits for citizens with children "(hereinafter-Federal Law " About State benefits to citizens, of the children ") (as amended by the present Federal Law). 2. Persons referred to in article 13, paragraph 1, of the Federal Act on State benefits to citizens with children (as amended by the present Federal Act) Act), which has acquired the right to receive a monthly child care allowance from 1 January 2007, the allowance is granted for the period from 1 January 2007 to the standards stipulated by the Federal Law "State benefits for citizens with children" (as amended by the Federal Law). 3. Paragraph 4 of article 1, paragraph 4, of the Federal Act on State benefits to citizens with children The Federal Act does not apply to foreign nationals and stateless persons who are lawfully resident in the territory of the Russian Federation as of 31 December 2006. 4. To establish that the amount of subsidies allocated from the federal budget to the budgets of the constituent entities of the Russian Federation in accordance with Article 52-2 of the Law of the Russian Federation "On education" (as amended by the Federal Law of 13 January 1996, No. 12-FZ) (as amended by the Federal Act) for the payment of compensation of part of the parental fee actually charged for the maintenance of the child in State and municipal educational institutions implementing the The general education program of preschool education for 2007 is calculated on the basis of the average of the amount of parental fees established in the subject of the Russian Federation as of 1 December 2006, taking into account the forecast inflation rate for 2007 Year. The amounts of the grants in question for 2008 and subsequent years are determined by the increase in the level of grants established for 2007 to the inflation forecast for 2008 and subsequent years, respectively, taking into account the conditions for the granting of subsidies, by the Government of the Russian Federation. Article 5 This federal law shall enter into force on 1 January 2007. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 December 2006 N 207-FZ