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On Amendments To Certain Legislative Acts Of The Russian Federation With Regard To Improving The Recovery Of Payments In The State Budget Funds

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части совершенствования порядка взыскания платежей в государственные внебюджетные фонды

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation State extrabudgetary funds Adopted by the State Duma on 13 December 2013 href=" ?docbody= &prevDoc= 102170298&backlink=1 & &nd=102054606 " target="contents"> dated July 24, 1998, N 125-FZ "On compulsory social insurance against accidents at work and occupational diseases" (Russian Law Assembly, 1998, No. 31, art. 3803; 2003, N 17, sect. 1554; N 52, 5037; 2007, N 30, stop. 3806) the following changes: 1) Article 22-1, amend to read: " Article 22-1. Enforcement of the duty to pay premiums The enforcement of an obligation to pay insurance premiums, including the recovery of insurance premiums, penalties and fines is in order, In accordance with the provisions of articles 18 to 23, 25 to 27 of the Federal Act of 24 July 2009, No. 212-FZ on insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund Mandatory health insurance "."; 2) in article 22-2, paragraph 3: (a) In the first paragraph of the Insurer's Instruction (s) for the collection of insurance premiums from the insurer of the legal person, replace the words "the insurer's request for write-off and transfer to the budget of the Social Fund" OF THE PRESIDENT OF THE RUSSIAN FEDERATION "be replaced by" with the words " Insurer for the Social Insurance Fund of the Russian Federation to write off and transfer the necessary funds from the accounts of the insured person-the organization or the individual entrepreneor. " Federal Law of October 2, 2007 No. 229-FZ "On the Execution of Law" (Assembly of Laws of the Russian Federation, 2007, N 41, Art. 4849; 2009, N 1, article 14; 2011, N 17, sect. 2312) The following changes: 1) in article 12 (1): (a) to supplement paragraph 4-1 as follows: "4-1) Regulations of the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation" Recovery of monies from the debtor-a citizen registered in accordance with the established procedure as an individual entrepreneor, without the application of documents containing bank marks or other credit organizations if the debtor has the right to undertake entrepreneurial activities without opening a settlement or other In paragraph 5, after the words "acts of the control authorities", add "with the exception of the executive documents referred to in paragraph (4) to (1) of this Part,"; , to read: " 6-1. In accordance with established procedure, the acts of the supervisory authorities responsible for the collection of funds without the application of the documents referred to in part 6 of this article may be issued within six months from the date of their application. for delivery. ". Article 3 Inward into the Federal Law of 24 July 2009 N 212-FZ" On insurance contributions to the Pension Fund OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Compulsory Medical Insurance Fund " (Russian Federation Law Assembly, 2009, N 30, Art. 3738; 2010, N 49, sect. 6409; 2011, N 49, sect. 7057) the following changes: (1) Part 2 of Article 1 after the words "and occupational diseases," to be supplemented by the words " except for the provisions of articles 18 to 23, 25 to 27 of this Federal Act applicable to the said legal relations in part, The Law of 24 July 1998 No. 125-FZ "On the Compulsory Social Insurance against Industrial Accidents and Occupational Diseases", "; (2) in article 19: (a) Part 5, as follows: editions: " 5. The decision to recover is made by the insurance authority after the expiration of the period stipulated in the payment of the insurance premium, but no later than two months after the expiry of the specified period, unless otherwise stipulated. this article. "; b) to supplement parts 5-1-5-8 as follows: " 5-1. The decision to recover is made by the insurance authority in respect of one or more claims at the same time. 5-2. In case the outstanding amount of insurance premiums specified in the claim is not paid in excess of the payments administered by the Pension Fund of the Russian Federation, 1,500 roubles, and in respect of payments administered by the Social Tax Fund. In the Russian Federation, 500 rubles, the decision on the recovery is taken by the insurance authority after the expiry of the period established in one or more claims for the payment of insurance contributions, but not later than one year, and Two months after the expiry of the earliest requirement. 5-3. The decision to recover after the expiry of the time limits set in Parts 5 and 5 to 2 of this Article shall be deemed null and void. 5-4. In the event that the time limits of parts 5 and 5 to 2 of this article are skipped for a decision on the collection of insurance contributions, the insurance authority may apply to the court for a recovery from the insurance contributor, The organization or individual entrepreneor is due to pay the sum of the insurance contributions. 5-5. An application may be filed with the court within six months after the expiration of the payment of insurance premiums, unless otherwise provided for in this article. 5-6. In the event that, within one year and two months from the date of expiration of the earliest payment of insurance contributions, such insurance contributions, penalties and fines were not exceeded in respect of payments administered by the Pension Fund The Russian Federation, 1,500 roubles, and in the part of payments administered by the Social Insurance Fund of the Russian Federation, 500 roubles, the insurance body for the payment of insurance contributions, apply to the court for a reprimanded six months from the day The expiry of a period of one year and two months. 5-7. The deadline for submission of the application, set out in parts 5 to 5 and 5 to 6 of this article, may be reinstated by the court. 5-8. The provisions of Parts 5 to 2 and 5 to 5 of this article do not apply to the collection of insurance premiums, penalties and fines imposed on the insurance contributors for which insolvency proceedings have been initiated in accordance with the Federal Act. Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)". "; 3) in article 20: (a) Part 1, after the word" requirements ", add" (requirements) "; b) Part 3, in the case of if the outstanding amount of insurance premiums, foams and fines is not included in the claim In accordance with the provisions of the Convention on the Law of the Sea of 10 December 1999, the Russian Federation paid more than 1,500 rubles ($1,350) in payments to the Pension Fund of the Russian Federation. The property of the insured person-the organization or individual entrepreneor is accepted after the expiration of the period fixed in one or more claims for the payment of insurance contributions, but not later than two years after the expiry of the period of the earliest requirement "; in) to be supplemented by Part 3-1 , to read: " 3-1. The Ordinance on the collection of insurance contributions from the property of the insured contribution-organization or individual entrepreneor is taken by the insurance control authority in respect of one or more claims at the same time. "; g) add to Part 4-1 as follows: " 4-1. The Decree on the collection of insurance contributions from the property of the insured person-organization or individual entrepreneor can be accepted by the Social Insurance Fund of the Russian Federation at the same time as the debt on the debt Insurance contributions for compulsory social insurance in the event of temporary incapacity for work and maternity and in respect of the arrears of insurance contributions for compulsory social insurance against accidents at work and occupational diseases. "; 4) in article 21: (a) Part 1 should read: " 1. In the event of default by the insured person, a natural person who is not an individual entrepreneor (hereinafter referred to as a natural person), within the prescribed period of the obligation to pay the insurance premiums, penalties and fines In the case of the payment of insurance premiums, the payment of insurance premiums, penalties and fines, is entitled to apply to the court for the collection of insurance premiums, penalties and fines at the expense of the property of the individual concerned, Number of cash held in bank and cash accounts, up to in the claim for the payment of insurance premiums, penalties and fines, taking into account the characteristics set out in this article. "; b) to be supplemented by Parts 1 to 1-1 to 3, as follows: " 1-1. Application for the collection of insurance premiums, penalties and fines from the property of the individual (hereinafter referred to as the application) applies to all claims for the payment of insurance premiums, penalties and fines which have expired The period of performance and which is not performed by that individual as at the date of the monitoring by the body of the insurance contribution for the payment of the application for a court order. 1-2. The application for recovery is submitted by the insurance authority for the payment of insurance contributions to the court if the total amount of insurance premiums, penalties and fines to be recovered from the individual exceeds 500 rubles, except in the case provided for in part 2-2 of this article. 1-3. A copy of the application for collection not later than the day of his or her submission to the court shall be sent by the insurance authority to the individual charged with the payment of insurance premiums, penalties and fines. "; in Part 2, as follows: editions: " 2. The application for recovery is submitted to the court of the general jurisdiction by the payment control authority within six months from the date of expiry of the claim for payment of insurance contributions, penalties and fines, unless otherwise stipulated this article. "; g) to be completed with parts 2-1-2-3 as follows: " 2-1. If within three years from the date of expiry of the earliest claim for the payment of insurance contributions, penalties and fines to be taken into account by the insurance premium in the calculation of the total insurance premium, foams and The amount of fines to be recovered from the individual, the amount of insurance premiums, penalties and fines exceeds 500 rubles, the insurance fee is applied to the court with a claim of recovery within six months from the date on which the payment was made. The total amount of the contract is 1,500 rubles. 2-2. If within three years from the date of expiry of the earliest claim for the payment of insurance contributions, penalties and fines to be taken into account by the insurance premium in the calculation of the total insurance premium, foams and The amount of fines to be recovered from a natural person, the amount of insurance premiums, penalties and fines does not exceed 500 rubles, the control fee for the payment of insurance premiums is applied to the court with an application to recover within six months from the date of expiry of the payment. A three-year term. 2-3. The provisions on the general period of limitation established by civil law shall not apply to the collection of insurance contributions governed by parts 2 to 2 to 2 of this article. The deadline for submission of an application for recovery can be restored by the court. "; (d) Part 3 should read: " 3. The proceedings concerning the collection of insurance contributions, penalties and fines from the property of a natural person shall be dealt with in accordance with the civil procedural legislation of the Russian Federation. An application for recovery may be made by the supervisory authority for the payment of insurance premiums in the course of the proceedings not later than six months from the date on which the court ordered the annulment of the court order. An application for recovery may be accompanied by an application by the insurance authority for the payment of insurance premiums on the attachment of the defendant's property in support of the claim for insurance premiums. "; e) Part 4, as follows: editions: " 4. In accordance with Federal Act No. 229-FZ of 2 October 2007 on the Enforcement of Insurance Contributions, Penalty and Fines on the basis of the legal act of 2 October 2007 "."; (g) of Part 5 and 6 to declare invalid; (s) in Part 7 of the words "the insured contribution payer, a natural person other than an individual entrepreneu," should be replaced by the words "natural person"; and) Part 8 should be restated as follows: " 8. The officials of the insurance bodies are not entitled to acquire property sold in the order of execution of the court's decision on the recovery of insurance contributions from the property of a natural person. ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 December 2013 N 358-FZ