Federal law n 125 fz. Chapter I. General Provisions
1. The right of the insured to receive insurance coverage arises from the date of occurrence insured event.
2. The right to receive a lump sum insurance payment in the event of the death of the insured as a result of the occurrence of an insured event shall have:
parents, spouse of the deceased;
disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him;
another member of the deceased's family, regardless of his ability to work, who does not work and is engaged in caring for the deceased's dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or have reached the specified age, but according to the conclusion of the federal institution of medical and social expertise (hereinafter - institution of medical and social expertise) or a medical organization recognized as needing outside care for health reasons.
2.1. The following persons have the right to receive monthly insurance payments in the event of the death of the insured as a result of the occurrence of an insured event:
children of the deceased who have not reached the age of 18, as well as his children studying in full-time training, - until they graduate from such training, but no longer than until they reach the age of 23;
child of the deceased, born after his death;
one of the parents, spouse (spouse) or another family member, regardless of his ability to work, who does not work and is engaged in caring for the dependent children of the deceased, grandchildren, brothers and sisters who have not reached the age of 14 or have reached the specified age, but on the conclusion institutions of medical and social expertise or a medical organization recognized as needy for health reasons in outside care;
other disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him, as well as persons who were dependent on the deceased who became disabled within five years from the date of his death.
2.2. In the event of the death of the insured, one of the parents, spouse or other family member of the insured who does not work and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who becomes disabled during the care period, retains the right to receive monthly insurance payments after the end of the care. by these persons.
3. Monthly insurance payments in case of death of the insured, the following is paid:
minors - until they reach the age of 18;
students over 18 years old - before receiving full-time education, but not more than 23 years old;
women who have reached the age of 55 and men who have reached the age of 60 - for life;
disabled people - for the period of disability;
to one of the parents, spouse (spouse) or another family member who is not working and is engaged in caring for the deceased's dependent children, grandchildren, brothers and sisters - until they reach the age of 14 or changes in health.
4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the insured's earnings was their permanent and main source of livelihood.
5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or legislation Russian Federation on compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, are entitled to insurance coverage from the date of entry into force of this Federal Law.
a one-time insurance payment to the insured or to persons entitled to receive such payment in the event of his death;
Monthly insurance payments to the insured or to persons entitled to receive such payments in the event of his death;
3) in the form of payment additional costs related to medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, on:
Medical assistance (primary health care, specialized, including high-tech, medical care) to the insured, carried out in the territory of the Russian Federation immediately after a serious industrial accident, until the restoration of working capacity or the establishment of a permanent loss of professional working capacity;
Purchase of medicines for medical use and medical devices;
Outside (special medical and household) care for the insured, including that carried out by members of his family;
The travel of the insured and the travel of the person accompanying him, if the accompanying is due to medical indications, to receive medical assistance immediately after a serious accident at work until the restoration of working capacity or the establishment of a permanent loss of professional disability, including medical rehabilitation, for spa treatment in medical organizations (health resort organizations), obtaining a vehicle, for ordering, trying on, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation, as well as in the direction of the insurer for examination (re-examination) by a federal institution of medical and social examination and examination of the connection of the disease with the profession by the institution carrying out such an examination;
Sanatorium-resort treatment in medical organizations (sanatorium-resort organizations), including payment for medical care carried out for preventive, therapeutic and rehabilitation purposes based on the use of natural healing resources, including in conditions of stay in medical and recreational areas and at resorts, and also accommodation and meals of the insured, accommodation and meals of the person accompanying him, if the accompaniment is due to medical indications, payment of the insured's vacation (in excess of the annually paid leave established by the legislation of the Russian Federation) for the entire period of spa treatment and travel to the place of spa treatment and back;
Manufacturing and repair of prostheses, prosthetic and orthopedic products and orthoses;
Provision of technical means of rehabilitation and their repair;
Security vehicles in the presence of appropriate medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuel and lubricants;
Professional training and obtaining additional professional education.
2. Payment of additional expenses provided for in subparagraph 1 of this article, with the exception of payment of expenses for medical care (primary medical and sanitary care, specialized, including high-tech, medical care) to the insured immediately after a serious industrial accident has occurred, shall be made by the insurer, if the institution of medical and social expertise has established that the insured needs the specified types of assistance, provision or care in accordance with the rehabilitation program for the victim as a result of an industrial accident and occupational disease. The conditions, amounts and procedure for payment of such expenses are determined by the Government of the Russian Federation.
Individuals sentenced to imprisonment and involved in work by the insured, during the period of serving their sentence, insurance provision is provided in the form of payment of additional costs associated with the provision of medical care (except for medical rehabilitation) and social rehabilitation in accordance with paragraphs two, three, seventh and eighth subparagraph 3 of paragraph 1 of this article.
If the insured person simultaneously has the right to receive free or preferential treatment of the same types of assistance, provision or care in accordance with this Federal Law and other federal laws, regulatory legal acts of the Russian Federation, he is given the right to choose the appropriate type of assistance, provision or care one by one. base.
3. Harm to life or health natural person when he fulfills his obligations under a civil law contract, the subject of which is the performance of work and (or) the provision of services, a copyright contract, in accordance with which the customer is not obliged to pay insurance premiums to the insurer, is compensated by the inflictor of harm in accordance with the legislation of the Russian Federation.
Compensation of the insured person for moral damage caused in connection with an industrial accident or occupational disease is carried out by the inflictor of harm.
Judicial practice under Article 8 of the Federal Law of 07.24.1998 No. 125-ФЗ
Decision of September 16, 2019 in case No. А70-6264 / 2019
Arbitration Court of the Tyumen Region (CA of the Tyumen Region)
Insured, policyholder and insurer. The insurer for compulsory social insurance against industrial accidents and occupational diseases is the Social Insurance Fund of the Russian Federation. According to Article 8 of Law No. 125-FZ, insurance coverage is carried out, including in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences ...
Decision of 13 September 2019 in case No. А32-26998 / 2019
Arbitration Court of the Krasnodar Territory (AS Krasnodar Territory) - Administrative
The essence of the dispute: On challenging non-normative legal acts, decisions and actions (inaction) of state non-budgetary bodies
Social insurance against industrial accidents and occupational diseases in accordance with Clause 1 of Article 5 of this Federal Law. Subparagraph 3 of paragraph 1 of Article 8 of Federal Law No. 125-FZ establishes that insurance coverage is carried out in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences ...
Decision No. 3А-277/2019 3А-277/2019 ~ М-246/2019 М-246/2019 dated September 6, 2019 in case No. 3А-277/2019
Yaroslavl Regional Court (Yaroslavl Region) - Civil and Administrative
Joining a centralized religious organization. Information about the Organization was entered into the Unified State Register of Legal Entities of the Federal Tax Service of Russia for the Yaroslavl Region on December 1, 2002. In accordance with Articles 8, 14 of the Federal Law "On Freedom of Conscience and Religious Associations" (hereinafter - Federal Law No. 125-FZ), a religious organization is a voluntary association of citizens of the Russian Federation, other persons, permanently and ...
Resolution No. 44G-288/2019 4G-3813/2019 of September 4, 2019 in case No. 2-74 / 2019
Supreme Court of the Republic of Bashkortostan (Republic of Bashkortostan) - Civil and Administrative
At the same time, it is stipulated that compensation to the insured for moral damage caused in connection with an industrial accident or occupational disease is carried out by the inflictor of harm (part 3 of article 8 of the Federal Law of July 24, 1998 No. 125-FZ). By virtue of Part 2 of Art. 5 of the Labor Code of the Russian Federation in collective agreements, agreements, as well as in local regulatory ...
Decision of August 30, 2019 in case No. А33-4557 / 2019
Arbitration Court of the Krasnoyarsk Territory (AS of the Krasnoyarsk Territory)
For other work required by him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation (Article 77, Clause 8 of the Labor Code of the Russian Federation); The employer does not have an appropriate job (parts three and four of article 73 of the Labor Code of the Russian Federation). 7.3. The retirement age is considered at the age of 55 for women and ...
Decision No. 2-3035 / 2019 2-3035 / 2019 ~ M-2481/2019 M-2481/2019 dated August 30, 2019 in case No. 2-3035 / 2019
Pravoberezhny District Court of Lipetsk (Lipetsk Region) - Civil and Administrative
The factual circumstances of causing moral harm, individual characteristics and other specific circumstances, testifying to the severity of the suffering he suffered. In accordance with paragraph 2 of part 3 of Art. 8 of the Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases" compensation to the victim of moral harm caused ...
The book contains an article-by-article commentary to Federal No. 125-FZ of July 24, 1998 "On compulsory social insurance against industrial accidents and occupational diseases", taking into account the amendments and additions made to it. The main elements of the compulsory social insurance system, including the subjects of insurance, their rights, obligations and responsibilities, the appointment and payment of insurance security, the calculation and transfer of insurance premiums, are considered in detail. The norms of the commented Law are analyzed in their relationship with the norms of other legislative acts. Legal positions are given The Constitutional Court RF, clarifications and practice of the Supreme Court of the RF and the Supreme Of the Arbitration Court RF, legal acts of the Government of the RF, the Ministry of Health and Social Development of Russia and the Social Insurance Fund of the RF. The book is intended primarily for law enforcers - organizations and entrepreneurs, their employees, officials and employees of the Social Insurance Fund of the Russian Federation. The book will also be useful to everyone who is interested in issues of this type of compulsory social insurance.
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The given introductory fragment of the book Commentary to the Federal Law of July 24, 1998 No. 125-FZ "On compulsory social insurance against accidents at work and occupational diseases" (itemized) (A. N. Borisov, 2011) provided by our book partner - the company Liters
Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases
1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:
security social protection insured and the economic interest of insurance entities in reducing professional risk;
compensation for harm caused to the life and health of the insured during the performance of his duties under an employment agreement (contract) and in other cases established by this Federal Law, by providing the insured in full with all the necessary types of insurance coverage, including payment of medical, social and professional rehabilitation;
provision of preventive measures to reduce industrial injuries and occupational diseases.
2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, in the part exceeding the insurance coverage carried out in accordance with this Federal Law.
In the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with this Federal Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the owner of a hazardous facility for harm caused by an accident at a hazardous facility.
3. State authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations and citizens hiring employees, have the right, in addition to compulsory social insurance provided for by this Federal Law, to carry out at the expense of own funds other types of employee insurance provided for by the legislation of the Russian Federation.
1. The norm of clause 1 of the commented article, naming the tasks of the OSS against industrial accidents and occupational diseases, first of all indicates that this insurance is a type of social insurance. With regard to these tasks, the following should be noted.
Ensuring social protection of the insured and the economic interest of insurance subjects in reducing professional risk.
According to Part 2 of Art. 1 of the Federal Law of July 16, 1999 No. 165-FZ "On the Basics of Compulsory Social Insurance", compulsory social insurance is a part of state system social protection of the population, the specificity of which is the insurance of working citizens, carried out in accordance with the federal law, against possible changes in the material and (or) social situation, including due to circumstances beyond their control.
As defined in part 3 of this article (as amended by Federal Law No. 213-FZ of July 24, 2009), compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in material and (or) the social status of working citizens, and in cases stipulated by the legislation of the Russian Federation, other categories of citizens due to reaching retirement age, the onset of disability, loss of a breadwinner, illness, injury, industrial accident or occupational disease, pregnancy and childbirth, childbirth ( children), caring for a child under the age of one and a half years and other events established by the legislation of the Russian Federation on compulsory social insurance.
Compensation for harm caused to the life and health of the insured during the performance of his obligations under an employment agreement (contract) and in other cases specified by the law, by providing the insured in full with all the necessary types of insurance coverage, including payment of medical, social and professional expenses. rehabilitation.
Types of insurance coverage, i.e. insurance compensation for harm caused as a result of the occurrence of an insured event, the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or to persons entitled to this in accordance with the commented Law, are defined in Art. 8 of this Law, according to clause 1 of which insurance coverage is carried out: 1) in the form of temporary disability benefits assigned in connection with an insured event and paid out of funds for the insurance company; 2) in the form of one-time and monthly insurance payments; 3) in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event.
The "other" cases established by the commented Law, which are referred to in the considered task of the OSS from industrial accidents and occupational diseases, are compensation for harm caused to the life and health of a natural person who has been convicted of imprisonment by the insured to work, as well as compensation for harm, caused to the life and health of the insured while performing work on the basis of a civil law contract, according to which the policyholder is obliged to pay insurance premiums to the insurer (see the commentary to Article 5 of the Law).
Provision of preventive measures to reduce industrial injuries and occupational diseases.
The annually adopted federal laws on the budget of the FSS of Russia at the next fiscal year and for the planning period, this Fund is given the right to make decisions on the direction by the insured of up to 20% of the amount of insurance premiums to finance these activities.
So, in paragraph 7 of part 1 of Art. 8 of the Federal Law of November 28, 2009 No. 292-FZ "On the budget of the Social Insurance Fund of the Russian Federation for 2010 and for the planning period of 2011 and 2012" it is established that in 2010 the FSS of Russia has the right to make decisions on the direction of the insured up to 20 % of the sums of insurance premiums for MIA from accidents at work and occupational diseases, accrued for the previous year, minus the costs of payment of collateral for the specified type of insurance in the previous year, for financing preventive measures to reduce occupational injuries and occupational diseases of employees and health resort treatment of workers employed in work with harmful and (or) hazardous production factors.
In accordance with the specified norm, the Resolution of the Government of the Russian Federation of January 29, 2010 No. 33 "On financial support in 2010 of preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in work with harmful and (or) dangerous production factors ", the Ministry of Health and Social Development of Russia was ordered to approve, in agreement with the FSS of Russia, the rules for financial support in 2010 of preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in work with harmful and (or) hazardous production factors, and give explanations on their application.
Accordingly, by order of the Ministry of Health and Social Development of Russia dated February 5, 2010 No. 64n, in agreement with the FSS of Russia, the Rules for financial provision in 2010 of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in jobs with harmful and (or ) hazardous production factors.
2. In part 1, clause 2 of the commented article, it is established that the commented Law does not restrict the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, in the part exceeding the insurance coverage carried out in accordance with this Law. In this regard, it should be noted that the Constitutional Court of the Russian Federation in the Decision of July 11, 2006 No. 301-O, pointing to this norm, at the same time noted that the employer is responsible for harm caused to the life or health of the employee in the performance of his labor duties, in the order, enshrined in Chapter 59 "Obligations as a result of causing harm" of the second part of the Civil Code of the Russian Federation.
As stipulated in part 2, clause 2 of the commented article, in the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with the commented Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory civil liability insurance of the owner of a dangerous object for causing harm as a result of an accident at a hazardous facility. This part was introduced by the Federal Law of July 27, 2010 No. 226-FZ in connection with the adoption of the Federal Law of July 27, 2010 No. 225-FZ "On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Damage as a Result of an Accident at a Hazardous Facility" ... In accordance with Part 1 of Art. 4 of the said Law, the owner of a hazardous facility is obliged, on the conditions and in the manner established by the said Law, to insure at his own expense as an insured property interests associated with the obligation to compensate for the harm caused to the victim by concluding a compulsory insurance contract with the insurer during the entire period of operation of the hazardous facility. The said Law and part 2 of paragraph 2 of the commented article come into force on January 1, 2012.
3. The norm of clause 3 of the commented article indicates the right of public authorities of the constituent entities of the Russian Federation, local governments, as well as organizations and citizens hiring employees, in addition to the OSS provided for by the commented Law, to carry out, at their own expense, other types of employee insurance provided for by the legislation of the Russian Federation ... This paragraph is based on the norm of Part 3 of Art. 39 of the Constitution of the Russian Federation, according to which voluntary social insurance is encouraged, the creation of additional forms social security and charity.
It should be noted that there is one exception from the rule “at the expense of own funds” specified in the paragraph under consideration. According to sub. 48.1 clause 1 of Art. Chapter 264 25 "Tax on the profit of organizations" of the second part of the Tax Code of the Russian Federation (subparagraph introduced by Federal Law No. 204-FZ of December 29, 2004), other expenses related to production and sale include payments (contributions) of employers under agreements of voluntary personal insurance concluded with insurance companies that have licenses issued in accordance with the legislation of the Russian Federation to carry out the relevant type of activity, in favor of employees in case of their temporary disability due to illness or injury (except for accidents at work and occupational diseases) for the first two days of disability ...
Article 2. Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases
The legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it.
If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty of the Russian Federation shall apply.
The norm of part 1 of the commented article indicates that the legislation of the Russian Federation on OSS from industrial accidents and occupational diseases is based on the Constitution of the Russian Federation. These foundations are laid down in the provisions of Art. 39 of the Constitution of the Russian Federation, according to which: everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (part 1); state pensions and social benefits are established by law (part 2); voluntary social insurance, the creation of additional forms of social security and charity are encouraged (part 3).
Determining the composition of the legislation of the Russian Federation on OSS from industrial accidents and occupational diseases, the norm in question points to the commented Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it. As you can see, the concept of "legislation" is used in its broad sense, i.e. covering not only legislative but also other acts.
Federal laws adopted in accordance with the commented Law are, first of all, annually adopted federal laws on the budget of the FSS of Russia for the next financial year and for the planning period, as well as federal laws that establish insurance rates differentiated by occupational risk classes.
Other regulatory legal acts of the Russian Federation than federal constitutional laws and federal laws are decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulatory legal acts of federal executive bodies.
The publication by the President of the Russian Federation of decrees, as well as orders, is provided for by Part 1 of Art. 90 of the Constitution of the Russian Federation. According to part 2 of this article, decrees and orders of the President of the Russian Federation are binding on the entire territory of Russia. In part 3 of the same article, it is established that decrees and orders of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws. To this it should be added that only those decrees of the President of the Russian Federation that are of a normative nature are normative legal acts.
The Government of the Russian Federation, as established in Part 1 of Art. 115 of the Constitution of the Russian Federation, on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, normative decrees of the President of the Russian Federation, issues resolutions and orders, ensures their implementation. Part 2 of this article establishes that decisions and orders of the Government of the Russian Federation are binding in Russia. Resolutions and orders of the Government of the Russian Federation in the event of their contradiction with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation in accordance with Part 3 of this article may be canceled by the President of the Russian Federation. Article 23 of the Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation" (as amended by the Federal Constitutional Law of December 31, 1997 No. 3-FKZ) establishes that acts of a normative nature are issued in the form of decrees of the Government of the Russian Federation; acts on operational and other current issues that are not of a regulatory nature are issued in the form of orders of the Government of the Russian Federation.
Normative legal acts of federal executive bodies in accordance with clause 1 of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved. Decree of the Government of the Russian Federation of August 13, 1997 No. 1009 (as amended by the Resolution of the Government of the Russian Federation of July 7, 2006 No. 418), are issued on the basis of and in pursuance of federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders The Government of the Russian Federation, as well as at the initiative of federal executive bodies within their competence.
According to clause 2 of the named Rules, normative legal acts are issued by federal executive bodies in the form of decrees, orders, orders, rules, instructions and regulations; the publication of normative legal acts in the form of letters and telegrams is not allowed; structural subdivisions and territorial bodies of federal executive bodies are not entitled to issue normative legal acts. In accordance with clause 10 of the Rules, normative legal acts of federal executive bodies affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations that have an interdepartmental character, regardless of their validity period, including acts containing information constituting state secret, or information of a confidential nature, are subject to state registration. State registration of normative legal acts, in accordance with clause 11 of the Rules, is carried out by the Ministry of Justice of Russia, which maintains the State register of normative legal acts of federal executive bodies. Clarifications on the application of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration were approved by order of the Ministry of Justice of Russia No. 88 dated May 4, 2007 (later amendments were made).
In accordance with clause 1 of the Regulation on the Ministry of Health and social development Russian Federation, approved Decree of the Government of the Russian Federation of June 30, 2004 No. 321 "On approval of the Regulations on the Ministry of Health and Social Development of the Russian Federation" (as amended by Decree of the Government of the Russian Federation of October 31, 2009 No. 877), federal body executive power, carrying out the functions of developing public policy and legal regulation in the field of social insurance, including the payment of insurance premiums, is the Ministry of Health and Social Development of Russia.
The acts of the legislation of the Russian Federation on OSS from industrial accidents and occupational diseases also include acts of the FSS of Russia, which are of a normative nature. Regarding the publication of such acts by the FSS of Russia, it should be noted that in accordance with the Decree of the President of the Russian Federation of March 20, 2001 No. 318, state registration of acts issued by the FSS of Russia has been introduced that have a regulatory nature and affect the rights and obligations of citizens establishing the legal status of organizations or having an interdepartmental character. In order to ensure the implementation of this Decree of the President of the Russian Federation, by the decree of the FSS of Russia dated October 30, 2007 No. 260, the Rules for the preparation of acts of the Social Insurance Fund of the Russian Federation, having a normative nature, and their state registration were approved.
As you can see, in part 1 of the commented article, it is said about normative legal acts only at the federal level, although according to clause "g" of part 1 of Art. 72 of the Constitution of the Russian Federation, social protection, including social security, are under the joint jurisdiction of Russia and its subjects. It seems that the fact is that the legislation of the Russian Federation on OSS against industrial accidents and occupational diseases directly regulates the activities of the FSS of Russia - the state non-budgetary fund of the Russian Federation, the calculation and payment of insurance premiums - mandatory payments, i.e. the need for an analogy with the provision of clause "z" of Art. 71 of the Constitution of the Russian Federation, referring to the federal budget, federal taxes and fees to the jurisdiction of Russia. State authorities of the constituent entities of the Russian Federation (as well as local governments) the norm of clause 3 of Art. 1 of the commented Law provides the right, in addition to the OSS provided for by this Law, to carry out, at its own expense, other types of employee insurance provided for by the legislation of the Russian Federation.
Part 2 of the commented article contains a provision, traditional for the federal legislator, in relation to the operation of the commented Law, which accurately reproduces the rule of Part 4 of Art. 15 of the Constitution of the Russian Federation that in the event that an international treaty of the Russian Federation establishes rules other than those provided for by law (meaning any legislative acts), the rules of the international treaty are applied.
It should be noted that this constitutional norm is not limited to the above provision. It also established that generally accepted principles and norms international law and international treaties of the Russian Federation are an integral part of its legal system. As explained in clause 1 of the Resolution of the Plenum of the RF Armed Forces of October 10, 2003 No. 5 "On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation": generally recognized principles of international law should be understood as fundamental peremptory norms of international law, accepted and recognized by the international community of states as a whole, deviation from which is unacceptable; the generally recognized principles of international law, in particular, include the principle of universal respect for human rights and the principle of fulfilling international obligations in good faith; a generally recognized norm of international law should be understood as a rule of conduct accepted and recognized by the international community of states as a whole as legally binding; the content of these principles and norms of international law may be disclosed, in particular, in the documents of the United Nations and its specialized agencies.
As such generally recognized norms of international law in relation to the legislation of the Russian Federation on OSS from industrial accidents and occupational diseases, it is necessary to name the following:
Article 22 of the Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, declares that every person, as a member of society, has the right to social security and to exercise the rights necessary to maintain his dignity and for the free development of his personality in economic , social and cultural areas through national efforts and international cooperation and in accordance with the structure and resources of each state. According to paragraph 3 of Art. 23 of the above document, every worker has the right to fair and satisfactory remuneration, ensuring an existence worthy of a person for himself and his family, and supplemented, if necessary, by other means of social security;
Article 9 of the International Covenant on Civil and Political Rights proclaims that the states participating in this Covenant recognize the right of every person to social security, including social insurance. The named Pact was adopted by the UN General Assembly on December 16, 1966, signed on behalf of the USSR on March 18, 1968 and ratified by the Resolution of the USSR Supreme Soviet of September 18, 1973 No. 4812-VIII.
The procedure for the conclusion, implementation and termination of international treaties of the Russian Federation is determined by the Federal Law of July 15, 1995 No. 101-FZ "On international treaties of the Russian Federation". According to the provisions of the said Law, the concept of an "international treaty of the Russian Federation" covers: international treaties of the Russian Federation concluded with foreign states, as well as with international organizations on behalf of Russia (interstate treaties), on behalf of the Government of the Russian Federation (intergovernmental treaties), on behalf of federal executive bodies ( agreements of an interdepartmental nature) (clause 2 of article 1 and clause 2 of article 3); international treaties in which Russia is a party as a state - successor to the USSR (clause 3 of article 1); regardless of their type and name (contract, agreement, convention, protocol, exchange of letters or notes, other types and names of international treaties) (Art. 2).
In accordance with paragraph 3 of Art. 5 of the Federal Law "On International Treaties of the Russian Federation", the provisions of officially published international treaties of the Russian Federation, which do not require the issuance of domestic acts for application, are directly applicable in Russia. It also established that in order to implement other provisions of international treaties of the Russian Federation, appropriate legal acts are adopted. According to the explanations given in clause 3 of the above-mentioned Resolution of the Plenum of the RF Armed Forces of October 10, 2003 No. 5, the signs indicating the impossibility of direct application of the provisions of an international treaty of the Russian Federation include, in particular, the indications contained in the agreement about the obligations of the member states to amend the domestic legislation of these states; when the court considers civil, criminal or administrative cases, such an international treaty of the Russian Federation is directly applied, which entered into force and became binding for Russia and the provisions of which do not require the publication of domestic acts for their application and are capable of giving rise to rights and obligations for subjects of national law.
In the field of OSS from industrial accidents and occupational diseases, the main international treaties of the Russian Federation are:
Agreement on the mutual recognition of the rights to compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, signed on September 9, 1994 in Moscow;
The Agreement on cooperation in the field of labor protection, signed on December 9, 1994 in Moscow;
Agreement on the procedure for investigating accidents at work that occurred with employees when they were outside the state of residence, signed on December 9, 1994 in Moscow.
The above agreements were approved by the RF Government Decree of June 26, 1995 No. 616 "On the approval of cooperation agreements signed by the governments of the member states of the Commonwealth of Independent States on September 9 and December 9, 1994 in Moscow." Along with Russia, Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and Ukraine are participating in these agreements.
Payments for compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their work duties are included in the List of socially significant non-trade payments, which is an annex to the Agreement on the transfer procedure Money citizens on socially significant non-trade payments, signed on September 9, 1994 in Moscow. The same states participate in the said treaty, with the exception of Georgia, which terminated its validity for itself on October 9, 2009.
The Interparliamentary Assembly of the CIS Member States on June 15, 1998 in St. Petersburg adopted the Model Law on Compulsory Social Insurance against Industrial Accidents and Occupational Diseases.
It should be mentioned that at present, the Convention No. 121 of the International Labor Organization "On Benefits in the Case of Occupational Injury", adopted on July 8, 1964 in Geneva, is currently in force, in its annexes the List of Occupational Diseases (revised in 1980) is in force. payments to typical recipients and the International Standard Industrial Classification of all industries economic activity... However, Russia has not ratified the said Convention.
It should also be noted that the Decision of the Constitutional Court of the Russian Federation of December 18, 2003 No. 464-O refused to accept for consideration the complaint against the norm of Part 2 of the commented article, since the resolution of the question of the constitutionality of this norm would actually mean the need to interpret Art. 15 (part 4) of the Constitution of the Russian Federation, which the Constitutional Court of the Russian Federation does not have the right to do on complaints from citizens. The complaint was substantiated by the fact that the contested norm establishing the priority of an international treaty infringes upon the rights of persons who have suffered as a result of industrial accidents on the territory of other states - the former republics of the USSR and who have moved permanently to the territory of the Russian Federation before the collapse of the USSR.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
the object of compulsory social insurance against industrial accidents and occupational diseases is the property interests of individuals associated with the loss of health by these individuals, occupational disability or their death as a result of an industrial accident or occupational disease;
subjects of insurance - the insured, the policyholder, the insurer;
insured:
an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of Clause 1 of Article 5 of this Federal Law;
an individual who has suffered damage to health as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure and entailed the loss of professional ability to work;
insured - a legal entity of any organizational and legal form (including a foreign organization operating on the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with paragraph 1 of Article 5 of this Federal Law;
insurer - the Social Insurance Fund of the Russian Federation;
insured event - the fact of damage to the health of the insured as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure, which entails the occurrence of the obligation of the insurer to provide insurance coverage;
industrial accident - an event as a result of which the insured received an injury or other damage to health while fulfilling his obligations under an employment contract (contract) and in other cases established by this Federal Law both on the territory of the insured and outside it or while going to to the place of work or return from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;
occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and entailed a temporary or permanent loss of his professional ability to work;
insurance fee - obligatory payment on compulsory social insurance against industrial accidents and occupational diseases, calculated on the basis of the insurance rate, discounts (surcharges) to the insurance rate, which the policyholder is obliged to pay to the insurer;
insurance rate - rate insurance premium from the accrued wages on all grounds (income) of the insured;
insurance coverage - insurance compensation harm caused as a result of the insured event to the life and health of the insured in the form of monetary amounts paid or compensated by the insurer to the insured or to persons entitled to do so in accordance with this Federal Law;
occupational risk - the likelihood of damage (loss) of health or death of the insured associated with the performance of his obligations under the employment agreement (contract) and in other cases established by this Federal Law;
occupational risk class - the level of industrial injuries, occupational morbidity and expenses for insurance coverage, which has developed according to the types of economic activities of the insured;
professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;
the degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities before the occurrence of the insured event.
The commented article defines the conceptual apparatus that is used by the commented Law. In this regard, first of all, it should be noted that, according to the general rule of legal technology, definitions of concepts (prescriptions-definitions) are included in legislative acts in the following cases: when a legal (legal) term is formed using special words - rare or little-used foreign words, as well as rethought common words; when legal concept is formed from words that allow for an ambiguous interpretation of its meaning, generating a variety of semantic associations.
As regards the concepts and their definitions indicated in this article, the following should be noted.
OSS facility from industrial accidents and occupational diseases.
The Federal Law "On the Foundations of Compulsory Social Insurance" uses a slightly different concept - "social insurance risk", defined in its Art. 3 (hereinafter as amended by the Federal Law of July 24, 2009 No. 213-FZ) as a presumed event, upon the occurrence of which compulsory social insurance is carried out.
According to paragraph 1 of Art. 7 of the named Law, the types of social insurance risks are:
1) the need for medical assistance;
2) loss by the insured person of earnings (payments, benefits in favor of the insured person) or other income in connection with the occurrence of an insured event;
3) additional expenses of the insured person or his family members in connection with the occurrence of the insured event.
Insurance subjects.
As defined in paragraph 1 of Art. 6 of the Federal Law "On the Foundations of Compulsory Social Insurance", the subjects of OSS are participants in relations on compulsory social insurance. At the same time, clause 2 of this article provides that the subjects of OSS are insured (employers), insurers, insured persons, as well as other bodies, organizations and citizens, determined in accordance with federal laws on specific types of OSS.
Clause 2 of this article (as amended by Federal Law No. 213-FZ of July 24, 2009) also states the following:
insurers - organizations of any organizational and legal form, as well as citizens who are obliged, in accordance with federal laws on specific types of OSS, to pay insurance premiums, and in some cases established by federal laws, to pay certain types of insurance coverage. The policyholders are also the executive authorities and local self-government bodies, which are obliged to pay insurance premiums in accordance with federal laws on specific types of OSS. Policyholders are determined in accordance with federal laws on specific types of OSS;
insurers - non-profit organizations created in accordance with federal laws on specific types of OSS to ensure the rights of insured persons under OSS in the event of insured events;
insured persons - citizens of the Russian Federation, as well as foreign citizens and stateless persons working under labor contracts, persons who independently provide themselves with work, or other categories of citizens who have relations under the OSS in accordance with federal laws on specific types of OSS.
By the way, in accordance with paragraph 3 of Art. 6 of the Federal Law "On the Foundations of Compulsory Social Insurance" intermediary activity in the compulsory social insurance system is not allowed.
The FSS of Russia carries out its activities on the basis of the Regulations on the Social Insurance Fund of the Russian Federation, approved by Decree of the Government of the Russian Federation of February 12, 1994 No. 101 "On the Social Insurance Fund of the Russian Federation".
The section "General Provisions" of the aforementioned Regulations (as amended by the Decree of the Government of the Russian Federation of February 19, 1996 No. 166) provides the following:
The fund manages the funds of the state social insurance of the Russian Federation. The Fund carries out its activities in accordance with the Constitution of the Russian Federation, laws of the Russian Federation, decrees of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as this Regulation (clause 1);
The fund is specialized financial institution under the Government of the Russian Federation. Monetary funds and other property in the operational management of the Fund, as well as property assigned to the sanatorium-resort institutions subordinate to the Fund, are federal property. The funds of the Fund are not included in the budgets of the corresponding levels, and other funds are not subject to withdrawal. The budget of the Fund and the report on its implementation are approved by the federal law, and the budgets of the regional and central branch offices of the Fund and reports on their implementation, after consideration by the Board of the Fund, are approved by the Chairman of the Fund (clause 2);
the Fund includes the following executive bodies: regional offices that manage state social insurance funds on the territory of the constituent entities of the Russian Federation; central branch offices managing state social insurance funds in individual branches of the economy; branches of departments created by regional and central branch offices of the Fund in agreement with the Chairman of the Fund. The management of the Foundation is carried out by its chairman. To ensure the activities of the Fund, the central office of the Fund is created, and in the regional and central branch offices and branches - the offices of the bodies of the Fund. Under the Fund, a board is formed, and under regional and central branch offices - coordination councils, which are collegial advisory bodies (p. 3);
The Fund, its regional and central branch offices are legal entities, have a stamp with their name, current currency and other bank accounts (clause 4);
the location of the Foundation is Moscow (p. 5).
As noted in the Decision of the Constitutional Court of the Russian Federation of May 15, 2001 No. 90-O, the FSS of Russia, formed in compliance with the established procedure under the Government of the Russian Federation as an insurer with the provision of appropriate powers to manage state social insurance funds, which are federal property, performs the same the very obligation of the state to ensure the right guaranteed by Art. 39 (part 1) of the Constitution of the Russian Federation and the Federal Law "On the Foundations of Compulsory Social Insurance", which determines its public-legal status.
Insurance case.
The definition of the concept of "insured event" given in the article being commented on, specifies the following more general definition of this concept, given in Art. 3 of the Federal Law "On the Basics of Compulsory Social Insurance" (hereinafter as amended by Federal Law No. 213-FZ of July 24, 2009): an accomplished event, with the onset of which the obligation of the insurer arises, and in some cases established by federal laws, - also insurers to provide security for the OSS. According to clause 1.1 of Art. 7 of the aforementioned Law, insured events include reaching retirement age, the onset of disability, loss of a breadwinner, illness, injury, industrial accident or occupational disease, pregnancy and childbirth, the birth of a child (children), caring for a child under the age of one and a half years and other cases, established by federal laws on specific types of OSS.
Industrial accident.
The details of the definition of "industrial accident" given in the article being commented on are contained in Art. 227 of the Labor Code of the Russian Federation, according to Part 3 of which (as amended by the Federal Law of June 30, 2006 No. 90-FZ), the following events are subject to investigation as accidents as a result of which the victims received: including those caused by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other health damage caused by external factors, which entailed the need to transfer victims to another job, temporary or permanent disability or death of the injured, if the specified events occurred:
during working hours on the territory of the employer or in another place of work, including during the established breaks, as well as during the time necessary to put in order the tools of production and clothing, perform other actions provided for by the internal labor regulations before and after the end of work, or when work is performed outside the working hours established for the employee, on weekends and non-working holidays;
when going to the place of work or from work on a vehicle provided by the employer (his representative), or on a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract ;
when going to the place of business trip and back, during business trips on public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;
when traveling on a vehicle as a shift during inter-shift rest (driver-shift on a vehicle, conductor or mechanic of the refrigerator section on a train, a member of a mail wagon brigade, and others);
at work on a rotational basis during inter-shift rest, as well as while on a ship (air, sea, river) in his free time from watch and ship work;
in the implementation of other lawful actions due to labor relations with the employer or committed in his interests, including actions aimed at preventing a catastrophe, accident or accident.
Occupational Illness.
In the development of the definition of the concept of "occupational disease" given in the commented article, in clause 4 of the Regulations on the investigation and registration of occupational diseases, approved. Decree of the Government of the Russian Federation of December 15, 2000 No. 967 (for the named document, see the commentary to Article 7 of the Law), it is determined that:
an acute occupational disease (poisoning) is understood as a disease that is, as a rule, the result of a one-time (within no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work;
a chronic occupational disease (poisoning) is understood as a disease resulting from prolonged exposure of an employee to a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work.
Insurance fee. Insurance rate.
The Federal Law "On the Foundations of Compulsory Social Insurance" uses the concepts of "insurance premium" and "rate of insurance premium", the content of which is defined in its Art. 3 (hereinafter as amended by Federal Law No. 213-FZ dated July 24, 2009) as follows:
insurance premium - a mandatory payment for the OSS;
insurance premium rate - the rate of insurance premium set for a specific type of insurance premium from accrued payments and other remuneration in favor of the insured persons.
The aforementioned Law also uses the concept of "insurance experience", defined in this article as the total length of time for payment of insurance premiums.
Insurance coverage.
The federal law "On the foundations of compulsory social insurance" uses a slightly different concept - "provision for compulsory social insurance" (abbreviated - "insurance coverage"), which is defined in its Art. 3 as the performance by the insurer, and in some cases established by federal laws, also by the insured of its obligations to the insured person in the event of an insured event through insurance payments or other types of security established by federal laws on specific types of OSS.
According to paragraph 2 of Art. 8 of the said Law (as amended by the Federal Law of July 24, 2009 No. 213-FZ) with insurance coverage for certain types of OSS along with insurance payments in connection with an industrial accident and occupational disease, payment of additional costs for medical, social and professional rehabilitation are: payment to a medical institution of the costs associated with providing the insured person with the necessary medical care; old age pension; disability pension; survivor's pension; temporary disability allowance; maternity allowance; monthly childcare allowance; other types of insurance coverage established by federal laws on specific types of OSS; one-time allowance for women registered with medical institutions in early dates pregnancy; lump-sum payment for the birth of a child; social benefit for burial.
Professional risk. Professional risk class.
Prior to the introduction of amendments by Federal Law No. 152-FZ of December 1, 2004, the definition of the “class of occupational risk” indicated the level of occupational injuries, occupational morbidity and insurance costs in the sectors (sub-sectors) of the economy, and not by type economic activity of policyholders.
Decree of the Government of the Russian Federation No. 713 of December 1, 2005 approved the Rules for classifying types of economic activity as a professional risk class (for the named document, see the commentary to Article 22 of the Law), according to clause 4 of which the occupational risk class is determined based on the value of the integral indicator of occupational risk. risk, taking into account the level of industrial injuries, occupational morbidity and expenses for insurance coverage, which has developed by the types of economic activities of the insured.
Professional ability to work. The degree of loss of professional ability to work.
In the development of the definitions of these concepts, set out in the commented article, in paragraph 1 of the Temporary criteria for determining the degree of loss of professional ability to work as a result of accidents at work and occupational diseases, approved. Decree of the Ministry of Labor of Russia of July 18, 2001 No. 56 (for the named document, see the commentary to Article 11 of the Law), it is stated that the degree of loss of professional ability to work is determined based on the consequences of health damage due to an industrial accident, taking into account the victim's professional abilities , psychophysiological capabilities and professionally significant qualities that allow you to continue to perform professional activities preceding an industrial accident and occupational disease, of the same content and in the same volume, or taking into account a decrease in qualifications, a decrease in the volume of work performed and the severity of labor in ordinary, specially created production or other conditions; expressed as a percentage and is set in the range from 10 to 100%.
According to clause 2 of the said document, the main methodological principle of the examination of the professional working capacity of the victim is the aggregate analysis of the following criteria:
clinical and functional;
the nature of professional activity (qualifications, quality and volume of labor, ability to perform it);
Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases
The main principles of compulsory social insurance against industrial accidents and occupational diseases are:
guarantee of the right of the insured to be provided with insurance;
the economic interest of the subjects of insurance in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity;
compulsory registration as policyholders of all persons hiring (hiring) workers subject to compulsory social insurance against industrial accidents and occupational diseases;
differentiation of insurance rates depending on the class of professional risk.
The commented article defines a list of basic principles for the implementation of OSS from industrial accidents and occupational diseases, i.e. those initial principles that should be taken into account in the implementation of this type of OSS.
The Federal Law "On the Basics of Compulsory Social Insurance" names its own list of basic principles for the implementation of OSS. So, in Art. 4 of the said Law (as amended by the Federal Law of July 24, 2009 No. 213-FZ) states that the main principles for the implementation of the OSS are:
steadiness financial system OSS, provided on the basis of the equivalence of insurance coverage with the funds of the OSS;
the universal compulsory nature of social insurance, the availability for insured persons to sell their social guarantees;
state guarantee of observance of the rights of insured persons to protection from social insurance risks and fulfillment of obligations under the MIA regardless of the financial position of the insurer;
state regulation of the OSS system;
parity of participation of representatives of OSS subjects in the governing bodies of the OSS system;
compulsory payment of insurance premiums by policyholders;
responsibility for the targeted use of OSS funds;
provision of supervision and public control;
autonomy of the financial system of the OSS.
As you can see, this list is somewhat wider than the list defined in the commented article, and the positions of these lists do not coincide in everything. However, this does not seem to be of fundamental importance for law enforcement practice.
With regard to the basic principles of the implementation of OSS from industrial accidents and occupational diseases, the following should be noted in relation to the basic principles of the implementation of OSS from industrial accidents and occupational diseases.
Guarantee of the right of the insured to insurance coverage.
Guarantees of the right to insurance coverage, i.e. for insurance compensation for harm caused as a result of the occurrence of an insured event to the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or persons entitled to this in accordance with the commented Law, are expressed primarily in the fact that this right is secured to on the basis of the relevant generally recognized norms of international law in the norm of Part 1 of Art. 39 of the Constitution of the Russian Federation (see the commentary to Article 2 of the Law) and is detailed directly in the norms of the commented Law, i.e. act of the federal legislator.
The types of insurance coverage are defined in Art. 8 of the commented Law, according to clause 1 of which insurance coverage is carried out: 1) in the form of temporary disability benefits assigned in connection with the insured event and paid out of funds for the insurance company; 2) in the form of one-time and monthly insurance payments; 3) in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event.
The economic interest of insurance entities in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity.
This principle is implemented, first of all, in the mechanism of the insurer establishing the amount of a discount or premium to the insurance rate, taking into account the state of labor protection, insurance costs (see the commentary to Article 22 of the Law). Along with this, the principle under consideration is implemented in the implementation by the insured in the prescribed manner at the expense of the amounts of insurance premiums on the OSS of preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in work with harmful and (or) hazardous production factors (see . commentary to Article 1 of the Law).
Obligation to register as policyholders all persons hiring (attracting to work) workers subject to OSS from industrial accidents and occupational diseases.
Registration of policyholders with the executive bodies of the FSS of Russia is established and regulated in Art. 6 of the commented Law. Taking into account the changes made to this article, it seems necessary to formulate this principle in a slightly different way - for example, the completeness of accounting as insurers of all persons who hire (attract to work) workers subject to OSS from industrial accidents and occupational diseases. The need to raise the obligation of registration of all policyholders to the rank of a general principle of OSS is seen in the fact that this procedure is the organizational basis for the relationship between the policyholder, the insurer and the insured.
Obligation to pay insurance premiums by policyholders.
Calculation and transfer of insurance premiums to the insurer is one of the main obligations of the policyholders (see the commentary to Article 17 of the Law). Similarly to what has been said in relation to the previous principle, it should be noted that raising the obligation to pay insurance premiums by insurers to the rank of a general principle of insurance premiums is seen in the fact that insurance premiums are undoubtedly the main source of funds for the implementation of insurance premiums from industrial accidents and occupational diseases (see. commentary to Article 20 of the Law). Ensuring the fulfillment of the obligation to pay insurance premiums is regulated in Art. 22.1 of the commented Law.
Differentiation of insurance rates depending on the class of professional risk.
The need for federal law to establish insurance rates, i.e. insurance premium rates from accrued wages on all grounds (income) of the insured, differentiated by occupational risk classes, i.e. according to the classes of probability of damage (loss) of health or death of the insured, associated with the performance of his obligations under the employment contract (contract) and in other cases established by the commented Law, is enshrined in Art. 21 of this Law. Currently, 32 occupational risk classes have been identified.
Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases
1. Compulsory social insurance against industrial accidents and occupational diseases are subject to:
individuals performing work on the basis of an employment contract (contract) concluded with the policyholder;
individuals sentenced to imprisonment and involved in work by the insured.
Individuals performing work on the basis of a civil law contract are subject to compulsory social insurance against industrial accidents and occupational diseases, if, in accordance with the said contract, the policyholder is obliged to pay insurance premiums to the insurer.
2. This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation.
1. In paragraph 1 of the commented article, two unconditional categories of individuals are named, subject to OSS from industrial accidents and occupational diseases: individuals performing work on the basis of an employment contract (contract) concluded with the insured, and individuals sentenced to imprisonment and attracted to work by the insured.
As defined in Part 1 of Art. 56 of the Labor Code of the Russian Federation (hereinafter as amended by the Federal Law of June 30, 2006 No. 90-FZ), an employment contract is an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to provide conditions labor stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and this agreement, timely and in full pay wages to the employee, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer.
In part 2 of Art. 67 of this Code stipulates that an employment contract that is not executed in writing is considered concluded if the employee started work with the knowledge or on behalf of the employer or his representative; with the actual admission of the employee to work, the employer must conclude an employment contract with him in writing no later than three working days from the date of the actual admission of the employee to work.
The inclusion of individuals sentenced to imprisonment and involved in work by the insured among persons subject to OSS from industrial accidents and occupational diseases is a novelty of the commented Law. Explanations about the OSS from industrial accidents and occupational diseases of these persons were given in the letter of the FSS of Russia and the Ministry of Justice of Russia dated July 16, 2002 No. 02-08 / 07-1809P / 18/19 / 6-89 "On compulsory social insurance against accidents cases at work and occupational diseases of individuals sentenced to imprisonment and involved in work by the insured. "
The recruitment of convicts to work in prison is regulated by the norms of Art. 103 of the RF PEC, according to Part 1 of which (as amended by Federal Law No. 91-FZ of June 6, 2007), every person sentenced to imprisonment is obliged to work in places and jobs determined by the administration of correctional institutions; the administration of correctional institutions is obliged to attract convicts to work, taking into account their gender, age, ability to work, health status and, if possible, specialty, as well as based on the availability of jobs; convicts are involved in labor in centers of labor adaptation of convicts and production (labor) workshops of correctional institutions, in federal state unitary enterprises of the penal system and in organizations of other organizational and legal forms located on the territories of correctional institutions and (or) outside them, provided ensuring proper protection and isolation of convicts.
In paragraph 1 of the commented article, another category of individuals who are subject to OSS from industrial accidents and occupational diseases is named - these are individuals who perform work on the basis of a civil law contract. At the same time, it was established that such persons are subject to OSS only if, in accordance with the specified agreement, the policyholder is obliged to pay insurance premiums to the insurer.
We are talking primarily about contracts of a civil law nature, the subject of which is the performance of work, the provision of services, i.e. agreements, regulated ch. 37 "Contract" and 39 "Paid provision of services" of the second part of the Civil Code of the Russian Federation. As defined in paragraph 1 of Art. 702 of this Code, under a work contract, one party (contractor) undertakes to perform a certain work on the instructions of the other party (customer) and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it. According to paragraph 1 of Art. 779 of this Code by agreement repayable rendering services, the performer undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
In part 4 of Art. 11 of the Labor Code of the Russian Federation (as amended by Federal Law No. 90-FZ of June 30, 2006) provides that in cases where the court has established that a civil contract actually regulates labor relations between an employee and an employer, such relations are applied provisions of labor legislation and other acts containing labor law norms.
It should be noted that the Decision of the Constitutional Court of the Russian Federation dated May 28, 2009 No. 581-О-О refused to accept for consideration the complaint against the norm of paragraph 1 of the commented article, in which the applicant insisted on its application in relation to military personnel who served in conscription and disabled as a result of injury, concussion or injury received in the performance of military service duties. As indicated by the Constitutional Court of the Russian Federation, the applicant thus raises the question of extending the OSS to servicemen from industrial accidents and occupational diseases, the resolution of which requires changes to the current legal regulation and does not fall within the competence of the Constitutional Court of the Russian Federation.
2. The norm of clause 2 of the commented article establishes that the effect of the commented Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, indicating that federal laws or international treaties of the Russian Federation may provide otherwise. On international treaties of the Russian Federation, see the commentary to Art. 2 of the Law.
According to the definitions given in paragraph 1 of Art. 2 of the Federal Law of July 25, 2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation": a foreign citizen is an individual who is not a citizen of the Russian Federation and has proof of citizenship (nationality) of a foreign state; a stateless person is an individual who is not a citizen of the Russian Federation and does not have evidence of citizenship (nationality) of a foreign state.
The same definitions of the concepts of "foreign citizen" and "stateless person" are given in Art. 3 of the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation". In accordance with Part 1 of Art. 6 of the said Law, a citizen of the Russian Federation who also has other citizenship is considered by Russia only as a citizen of the Russian Federation, with the exception of cases provided for by an international treaty of the Russian Federation or federal law. Part 2 of this article establishes that the acquisition by a citizen of the Russian Federation of another citizenship does not entail the termination of citizenship of the Russian Federation.
Citizens of the Russian Federation in accordance with Art. 5 of the Federal Law "On Citizenship of the Russian Federation" are:
a) persons who have citizenship of the Russian Federation on the date of entry into force of the said Law (i.e. on July 1, 2002);
b) persons who have acquired the citizenship of the Russian Federation in accordance with the named Law.
As noted in the letter of the FSS of Russia dated February 6, 2003 No. 02-18 / 07-832 "On compulsory social insurance against industrial accidents and occupational diseases of foreign citizens and stateless persons", in practice there are facts of illegal attraction of foreign citizens and stateless persons to perform work under labor contracts and under civil law contracts: either without the employer or customer of work (services) having a permit to attract and use the labor of foreign workers, or in the absence of a corresponding work permit for a foreign citizen. Accordingly, this letter sets out the opinion that an employment contract or a civil law contract cannot be concluded with foreign citizens and stateless persons who do not have a work permit; consequently, these persons, without a legal basis, hired or to perform work (services) are not subject to compulsory social insurance against industrial accidents and occupational diseases.
The Constitutional Court of the Russian Federation, refusing to accept for consideration the request for verification of the constitutionality of paragraph 2 of the commented article, stated in the Decision No. 1022-О-П dated October 6, 2008 the following:
provisions of paragraph 2 of the commented article in conjunction with the provisions of Art. 3, item 1 of Art. 5, paragraphs 1 and 5 of Art. 28 of the commented Law, as well as with the provisions of Art. 1, 15 and 17 of this Law, establishing the conditions and procedure for the implementation of the constitutional right of citizens to social security in cases of harm to the life or health of an employee in the performance of his duties under an employment contract, aim to provide in full all the necessary types of security to persons subject to compulsory social security. insurance against industrial accidents and occupational diseases, and do not imply the possibility of any infringement of the rights of these citizens;
inclusion in the system of compulsory social insurance against industrial accidents and occupational diseases of persons who work or worked previously under an employment contract in organizations referred to in Art. 3 of the commented Law to the number of policyholders cannot be considered as a violation of the rights of persons who worked at the time of causing harm to health in an organization that was not located in the territory of the Russian Federation, while for such persons the possibility of compensation for harm caused by injury, occupational disease or other damage to health remains related to the performance of labor duties, on the basis of legislative regulation in force on the territory of the state where the corresponding harm was caused.
Article 6. Registration of policyholders
Registration of policyholders is carried out in the executive bodies of the insurer:
policyholders - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body carrying out state registration of legal entities, information contained in a single state register legal entities and represented in the manner established by the federal executive body authorized by the Government of the Russian Federation;
policyholders - legal entities at the location of their separate subdivisions, having a separate balance sheet, current account and calculating payments and other remuneration in favor of individuals, on the basis of an application for registration as an insurant, submitted no later than 30 days from the date of creation of such a separate subdivision;
policyholders - individuals who have entered into an employment contract with an employee, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the employed employees;
policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of the specified contract.
The procedure for registration of policyholders specified in paragraphs three, four and five of part one of this article is established by the insurer.
The commented article establishes and regulates the registration of policyholders with the executive bodies of the FSS of Russia. The obligation to register as policyholders of all persons hiring (attracting to work) workers subject to OSS from industrial accidents and occupational diseases is called in Art. 4 of the commented Law as one of the basic principles of OSS against industrial accidents and occupational diseases. The obligation of the FSS of Russia to register policyholders in a timely manner is enshrined in sub. 1 p. 2 art. 18 of this Law.
The commented article is set out in full in new edition Federal Law No. 185-FZ of December 23, 2003, which introduced the principle of implementation of procedures for state registration, tax registration, assignment of codes according to all-Russian classifiers in a "one window". The named principle provides for a one-time appeal of a legal entity or individual entrepreneur to the registration authority, the functions of which are performed by the tax authorities, entering information about these persons into the Unified State Register of Legal Entities or USRIP, and their simultaneous registration with tax authority and issuance to them within five days of documents on state registration and tax registration; registration of legal entities and individual entrepreneurs as insured is carried out on the basis of information from the unified state registers received by the bodies of state extra-budgetary funds from the registering authorities, without a person's direct appeal to these funds.
Part 1 of the commented article defines the features of registration of four categories of policyholders:
policyholders - legal entities at their location;
policyholders - legal entities at the location of their separate subdivisions, having a separate balance sheet, current account and calculating payments and other remuneration in favor of individuals;
policyholders - individuals who have entered into an employment contract with an employee;
policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil contract.
Regarding the first of the specified categories of insurers, it is stipulated that their registration is carried out within five days from the date of submission to the executive bodies of the insurer by the federal executive body carrying out state registration of legal entities, the information contained in the Unified State Register of Legal Entities and submitted in the manner established by the federal body authorized by the Government of the Russian Federation executive power.
The authorized federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) enterprises, in accordance with clause 1 of the Regulation on the Federal tax office, approved Resolution of the Government of the Russian Federation of September 30, 2004 No. 506, is the Federal Tax Service of Russia.
The procedure referred to in the norm under consideration is established by the Rules for maintaining the Unified State Register of Legal Entities and the provision of the information contained therein, approved. Decree of the Government of the Russian Federation of June 19, 2002 No. 438 "On the Unified State Register of Legal Entities" e. later the publication of the named Rules). According to clause 19 of the named Rules (as amended by the Decree of the Government of the Russian Federation of December 13, 2005 No. 760), the registering authority, within a period of no more than 5 working days from the date of state registration of a legal entity and (or) amendments to the state register, provides information about legal entity, provided for in Appendix No. 2 to the named Rules, to the relevant authorities, including the regional branches of the FSS of Russia; this information is submitted to in electronic format using means of electronic digital signature through communication channels on the terms established by agreement of the parties; the structure and format of the transmitted information are established by the Federal Tax Service of Russia.
In order to implement the norm under consideration, by the decree of the FSS of Russia dated March 23, 2004 No. 27 "On the organization of the work of the executive bodies of the Social Insurance Fund of the Russian Federation for the registration of policyholders", the Procedure for the organization of the work of the executive bodies of the Social Insurance Fund of the Russian Federation for based on the information contained in the Unified State Register of Legal Entities.
The named Procedure, among other things, provides for the following:
registration of legal entities as policyholders is carried out in the regional offices of the Fund. By the decision of the manager of the regional branch of the Fund, the powers to register policyholders may be entrusted to the branches of the regional offices of the Fund, subject to compliance with the deadlines for registration of policyholders established by the legislation of the Russian Federation, sending information about the registration of policyholders to the registering authority by the regional offices of the Fund, as well as ensuring the protection of information about policyholders transferred to branches of the regional branch of the Fund (p. 2);
registration of legal entities as policyholders is carried out in the regional offices of the Fund (branches of the regional offices of the Fund) at the place of their state registration (clause 3);
legal entities, simultaneously with registration as insured under the OSS against industrial accidents and occupational diseases, are considered as insured under the OSS (clause 4);
on the basis of the available data on the insured, the regional branches of the Fund (branches of the regional branches of the Fund) maintain registers of insurers for OSS against industrial accidents and occupational diseases and OSS. In case of registration of policyholders by branches of the regional branch of the Fund, the regional offices of the Fund ensure the maintenance of unified registers of policyholders for the regional branch of the Fund as a whole. Keeping registers of policyholders is carried out by means of a single integrated information system"Sotsstrakh". The registers include data on each policyholder - a legal entity (clause 5).
insured - legal entities are registered at the location of their separate subdivisions that have a separate balance sheet, current account and calculate payments and other remuneration in favor of individuals, on the basis of an application for registration as an insured, submitted no later than 30 days from the date of creation of such a separate subdivision ;
policyholders - individuals who conclude an employment contract with an employee, are registered on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the employed employees;
insurers - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, are registered on the basis of an application for registration as an insured, submitted no later than 10 days from the date of conclusion of the specified contract.
The obligation of the insured to promptly submit to the executive bodies of the FSS of Russia the documents necessary for registration as an insured, in these cases is enshrined in sub. 1 p. 2 art. 17 of the commented Law.
In more detail, the procedure for registering the listed categories of policyholders in accordance with Part 2 of the commented article is determined by the FSS of Russia. Based on this provision, the above-mentioned resolution of the FSS of Russia dated March 23, 2004 No. 27 approved the Procedure for registering legal entities as policyholders at the location of separate subdivisions and individuals in the executive bodies of the Social Insurance Fund of the Russian Federation.
The named Procedure (as amended by the resolution of the FSS of Russia dated January 26, 2007 No. 15), among other things, provides for the following:
registration of policyholders is carried out in the regional offices of the Fund. By the decision of the manager of the regional branch of the Fund, the powers to register the policyholders may be entrusted to the branches of the regional offices of the Fund, subject to the observance of the terms of registration of policyholders established by the legislation of the Russian Federation, as well as ensuring the protection of information about the policyholders transferred to the branches of the regional branch of the Fund (clause 2);
legal entities that have the above structural divisions are registered as policyholders in the regional department of the Fund (branch of the regional department of the Fund) at the location of these separate divisions (clause 3);
individuals are registered as policyholders at the regional branch of the Fund (branch of the regional branch of the Fund) at the place of residence (clause 4);
registration of policyholders is carried out on the basis of applications in the forms established by Appendices No. 1 and 2 to the named Procedure, submitted by: a legal entity at the location of a separate subdivision - no later than 30 days from the date of creation of such a separate subdivision; an individual - no later than 10 days from the date of the conclusion of an employment contract with the first of the hired employees or a corresponding civil law contract, according to the terms of which the insured is obliged to pay insurance premiums to the insurance company against industrial accidents and occupational diseases (clause 5);
in case of a change in the location of a separate subdivision of a legal entity, as well as a change in the place of residence of an individual who is an insured, these persons submit an application for registration as an insured to the regional branch of the Fund (branch of the regional branch of the Fund) at the new location (place of residence) within a month from the day of such changes (clause 6);
legal entities and individuals, simultaneously with registration as insured under the OSS against industrial accidents and occupational diseases, are considered as insured under the OSS (clause 7);
on the basis of the available data on the policyholders, the regional branches of the Fund (branches of the regional offices of the Fund) keep registers of insured persons for occupational accidents and occupational diseases and OSS. In case of registration of policyholders by the branches of the regional branch of the Fund, the regional branches of the Fund ensure the maintenance of unified registers of policyholders for the regional branch of the Fund as a whole. Keeping registers of policyholders is carried out by means of a single integrated information system "Sotsstrakh". The registers include data on each policyholder - an individual and the above-mentioned separate divisions of legal entities (clause 8).
Prior to the publication of the above-mentioned resolution of the FSS of Russia dated March 23, 2004 No. 27, the Procedure for registering policyholders with the executive bodies of the Social Insurance Fund of the Russian Federation, approved. Resolution of the FSS of Russia dated December 4, 2000 No. 119. As noted in the letter of the FSS of Russia dated May 19, 2004 No. 02-18 / 07-3157 "On the procedure for applying the resolution of the FSS RF dated March 23, 2004 No. 27", re-registration of policyholders, registered with the executive bodies of the FSS of Russia before the entry into force of the decree of the FSS of Russia dated March 23, 2004 No. 27, including replacement of previously issued insurance certificates (notifications) and registration numbers, is not performed. It was also noted there that instead of the insurance certificate as a document confirming the registration of the policyholder with the executive body of the Fund, the Notice of registration as an policyholder form was introduced.
Registration with the FSS of Russia is also provided for by the Law on OSS in case of temporary disability and in connection with motherhood. So, according to Part 1 of Art. 2.3 of the said Law (as amended by the Federal Law of July 24, 2009 No. 213-FZ), the registration of policyholders is carried out in the territorial offices of the insurer:
1) insured - legal entities within five days from the date of submission to the territorial body of the insurer by the federal executive body carrying out state registration of legal entities, information contained in the unified state register of legal entities and submitted in the manner determined by the federal executive body authorized by the Government of the Russian Federation ;
2) policyholders - legal entities at the location of separate divisions that have a separate balance sheet, current account and calculate payments and other remuneration in favor of individuals, on the basis of an application for registration as an insured, submitted no later than 30 days from the date of creation of such a separate division ;
3) policyholders - individuals who have entered into an employment contract with an employee at the place of residence of these individuals on the basis of an application for registration as an insured, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the employed employees.
Order of the Ministry of Health and Social Development of Russia dated December 7, 2009 No. 959n "On the procedure for registration and deregistration of policyholders and persons equated to policyholders" approved:
The procedure for registration and deregistration with the territorial bodies of the Social Insurance Fund of the Russian Federation of insured persons - legal entities at the location of separate subdivisions and individuals;
The procedure for registration and deregistration with the territorial bodies of the Social Insurance Fund of the Russian Federation of persons who voluntarily entered into a legal relationship on compulsory social insurance in case of temporary disability and in connection with motherhood;
the form of notification of registration of a person who voluntarily entered into a legal relationship on compulsory social insurance in case of temporary disability and in connection with motherhood;
the form of the decision to terminate the legal relationship with the insured on compulsory social insurance in case of temporary disability and in connection with maternity and to deregister the insured.
Article 7. Right to insurance coverage
1. The right of the insured to receive insurance coverage arises from the date of the insured event.
2. The right to receive insurance payments in the event of the death of the insured as a result of the occurrence of an insured event shall have:
disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him;
child of the deceased, born after his death;
one of the parents, spouse (spouse) or other family member, regardless of his ability to work, who does not work and is engaged in caring for the deceased's dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or, although they have reached the specified age, but at the conclusion of the institution public service medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or medical and prophylactic institutions of the state health care system recognized as needing outside care for health reasons;
persons who were dependent on the deceased who became disabled within five years from the date of his death.
In the event of the death of the insured, one of the parents, spouse or other family member who does not work and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the period of care, retains the right to receive insurance benefits after the end of caring for these persons. ... The dependence of minor children is assumed and does not require proof.
3. Insurance benefits in the event of the death of the insured are paid:
minors - until they reach the age of 18;
students over 18 years of age - until the end of their studies at educational institutions for full-time education, but not more than 23 years old;
women who have reached the age of 55 and men who have reached the age of 60 - for life;
disabled people - for the period of disability;
to one of the parents, spouse (spouse) or another family member who is not working and is engaged in caring for the deceased's dependent children, grandchildren, brothers and sisters - until they reach the age of 14 or a change in health.
4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the insured's earnings was their permanent and main source of livelihood.
5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or the legislation of the Russian Federation on compensation for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their work duties, are entitled to insurance coverage from the date of entry into force of this Federal Law.
1. The commented article, regulating the right to insurance coverage, in clause 1 indicates that the right of the insured to insurance coverage arises from the date of the insured event. The concept of "insured event" is defined in Art. 3 of the commented Law as confirmed in the established manner the fact of damage to the health of the insured due to an accident at work or occupational disease, which entails the emergence of the obligation of the insurer to provide insurance coverage.
The procedure for investigating industrial accidents is defined in Art. 229.2 of the Labor Code of the Russian Federation (article introduced by Federal Law No. 90-FZ of June 30, 2006), in part 10 of which (as amended by Federal Law No. 160-FZ of July 23, 2008) incidents at work in certain industries and organizations and the forms of documents required for the investigation of accidents are approved in the manner established by the federal executive body authorized by the Government of the Russian Federation.
In Art. 230 of this Code, which determines the procedure for drawing up materials for the investigation of accidents at work, in part 1 (as amended by Federal Law No. 90-FZ dated June 30, 2006) it is established that for each accident qualified as an at work and entailing the need to transfer the victim in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation to another job, the loss of his ability to work for a period of at least one day or the death of the victim, an accident statement is drawn up case in production in accordance with the established form in duplicate, having equal legal force, in Russian or in Russian and state language republic, which is part of Russia.
In accordance with the Decree of the Government of the Russian Federation of August 31, 2002 No. 653 "On the Forms of Documents Required for Investigation and Recording of Industrial Accidents, and on the Peculiarities of Investigation of Industrial Accidents", Resolution of the Ministry of Labor of Russia dated October 24, 2002, No. 73 " On the approval of the forms of documents required for the investigation and recording of accidents at work, and provisions on the features of the investigation of accidents at work in certain industries and organizations "approved:
forms of documents required for the investigation and recording of accidents at work, including form N-1 of the statement of an accident at work and form N-1PS of the statement of an accident at work;
Regulations on the specifics of investigating industrial accidents in certain industries and organizations.
As stipulated in clause 26 of the said Regulation, accidents qualified by the commission or state labor inspectors who investigated them as industrial accidents are subject to an industrial accident report of the N-1 form; accidents that happened to professional athletes during the training process or a sports competition, qualified by the results of the investigation as industrial accidents, are documented in an industrial accident report in the form of N-1PS; the specified accidents, qualified by the commission as not related to production, are formalized by an act of any form.
A number of forms of documents required for the investigation of accidents at work are also approved by the order of the Ministry of Health and Social Development of Russia dated April 15, 2005 No. 275 "On the forms of documents required for the investigation of accidents at work".
Letter of the FSS of Russia dated April 23, 2004 No. 02-18 / 06-2578 "On the legal status of acts on accidents at work, drawn up in Soviet times, at railway transport enterprises" brought the letter of the Ministry of Labor of Russia dated April 5, 2004 No. 1296 -17 / 10-13, which recognized that issued in accordance with those in force in 1960 - 1980. normative legal acts of the USSR Ministry of Railways, acts on accidents at work (including in the form of TNU-17) that occurred in previous years with workers in the industry should be considered appropriate legal acts, in the prescribed manner, confirming the fact of damage to the health of workers due to an accident at production, which entails the emergence of obligations of the insurer to provide insurance coverage.
The procedure for the investigation and recording of occupational diseases is established by the Regulation on the investigation and accounting of occupational diseases, approved. Decree of the Government of the Russian Federation No. 967 dated December 15, 2000. This provision contains sections "General provisions", "Procedure for establishing the presence of an occupational disease", "Procedure for investigating the circumstances and causes of an occupational disease" and "Procedure for drawing up an act on the case of an occupational disease." The appendix to the Regulations contains the form of the act on the case of an occupational disease. According to clause 30 of the Regulations, the act on the case of an occupational disease is a document establishing the professional nature of the disease that an employee has in this production.
In pursuance of the Decree of the Government of the Russian Federation of December 15, 2000 No. 967, the order of the Ministry of Health of Russia dated May 28, 2001 No. 176 "On improving the system of investigation and registration of occupational diseases in the Russian Federation" was issued, which approved the forms of the relevant documents, as well as the Instruction on the procedure application of the Regulations on the investigation and registration of occupational diseases, approved. the named Resolution.
As defined in clause 4 of the Rules, approved. Decree of the Government of the Russian Federation of December 15, 2000 No. 967, an acute occupational disease (poisoning) is understood as a disease that is, as a rule, the result of a single (within no more than one working day, one work shift) exposure of an employee to a harmful production factor (factors ), resulting in temporary or permanent loss of professional ability to work; a chronic occupational disease (poisoning) is understood as a disease resulting from prolonged exposure of an employee to a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work.
Taking this into account, in the review on the examination of insurance cases in connection with an occupational disease, sent by the letter of the FSS of Russia dated April 29, 2005 No. 02-18 / 06-3810, the following is noted.
Dated July 27, 2010 No. 227-FZ,
dated 11.02.2013 No. 10-FZ, dated 04.10.2014 No. 289-FZ, dated 28.11.2015 No. 357-FZ,
dated 03/02/2016 No. 43-FZ, dated 23.05.2016 No. 149-FZ, dated 18.06.2017 No. 127-FZ)
Chapter 1. GENERAL PROVISIONS
Article 1. Subject of regulation of this Federal Law
This Federal Law regulates relations in the field of organizing storage, acquisition, accounting and use of documents from the Archive Fund of the Russian Federation and other archival documents, regardless of their form of ownership, as well as relations in the field of managing archival affairs in the Russian Federation in the interests of citizens, society and the state.
Article 2. Legal regulation relations in the field of archiving in the Russian Federation
1. Legislation on archiving in the Russian Federation consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation.
2. Bodies of local self-government, within the limits of their powers, may adopt municipal legal acts regulating relations in the field of archival affairs in the Russian Federation.
3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are applied:
1) archiving in the Russian Federation (hereinafter also referred to as archiving) - the activities of state bodies, local self-government bodies, organizations and citizens in the field of organizing storage, acquisition, accounting and use of documents from the Archival Fund of the Russian Federation and other archival documents;
2) archival document - material medium with information recorded on it, which has details that allow it to be identified, and is subject to storage due to the importance of the specified media and information for citizens, society and the state;
3) documents on personnel - archival documents reflecting the labor relations of the employee with the employer;
4) document of the Archival Fund of the Russian Federation - an archival document that has passed the examination of the value of documents, put on state records and subject to permanent storage;
5) a particularly valuable document - a document of the Archival Fund of the Russian Federation, which has an enduring cultural, historical and scientific value, of particular importance for society and the state, and in relation to which a special regime of accounting, storage and use has been established;
6) a unique document - a particularly valuable document that has no similarities in terms of the information it contains and (or) its external features, irreplaceable if lost in terms of its meaning and (or) autographicity;
7) archival fund - a set of archival documents that are historically or logically related to each other;
8) The archival fund of the Russian Federation is a historically formed and constantly replenishing set of archival documents reflecting the material and spiritual life of society, having historical, scientific, social, economic, political and cultural significance, which are an integral part of the historical and cultural heritage of the peoples of the Russian Federation belonging to information resources and subject to permanent storage;
9) archive - an institution or structural subdivision of an organization carrying out storage, acquisition, accounting and use of archival documents;
10) state archive - a federal state institution created by the Russian Federation (hereinafter referred to as the federal state archive), or a state institution of a constituent entity of the Russian Federation created by a constituent entity of the Russian Federation (hereinafter referred to as the state archive of a constituent entity of the Russian Federation), which acquire, record, store and use documents of the Archival Fund of the Russian Federation, as well as other archival documents;
(Clause 10 as amended by Federal Law No. 83-FZ dated 08.05.2010)
11) municipal archive - a structural subdivision of a local self-government body or a municipal institution created by a municipal formation, which store, collect, record and use documents from the Archive Fund of the Russian Federation, as well as other archival documents;
(as amended by Federal Laws dated 08.05.2010 No. 83-FZ, dated 28.11.2015 No. 357-FZ)
12) permanent storage of documents from the Archive Fund of the Russian Federation - storage of documents from the Archival Fund of the Russian Federation without a specified period (unlimited);
13) temporary storage of archival documents - storage of archival documents prior to their destruction within the time limits established by regulatory legal acts;
14) temporary storage of documents of the Archive Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation prior to their transfer for permanent storage in the manner established by Article 21 of this Federal Law;
15) depository storage of documents of the Archive Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation by federal executive bodies and organizations within the time frame and on the terms determined by the relevant agreements between them and the authorized federal executive body in the field of archival affairs and record keeping;
(Clause 15 as amended by Federal Law No. 127-FZ of 18.06.2017)
16) examination of the value of documents - the study of documents on the basis of criteria for their value in order to determine the storage periods of documents and their selection for inclusion in the Archive Fund of the Russian Federation;
17) ordering of archival documents - a set of works on the formation of archival documents into storage units (files), description and registration of such storage units (files) in accordance with the rules established by the authorized federal executive body in the field of archiving and office work;
(as amended by Federal Law No. 127-FZ of 18.06.2017)
18) owner of archival documents - a state body, local self-government body, or a legal or natural person who owns and uses archival documents and exercises the authority to dispose of them within the limits established by law or agreement;
19) user of archival documents - a state body, local self-government body, or a legal entity or individual who legally turn to archival documents to obtain and use the necessary information.
Article 4. Powers of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of archiving
1. The powers of the Russian Federation in the field of archiving include:
1) development and implementation of a unified state policy in the field of archiving;
2) the establishment of uniform rules for organizing storage, acquisition, accounting and use of documents from the Archival Fund of the Russian Federation and other archival documents and control over compliance with these rules;
3) storage, acquisition, accounting and use of archival documents and archival funds:
a) federal state archives, federal museums and libraries;
b) federal bodies of state power, other state bodies of the Russian Federation, including the bodies of the prosecutor's office of the Russian Federation, the Central Election Commission of the Russian Federation, the Accounts Chamber of the Russian Federation, the Central Bank of the Russian Federation (Bank of Russia);
(as amended by Federal Laws dated 01.12.2007 No. 318-FZ, dated 11.02.2013 No. 10-FZ)
c) state off-budget funds;
G) expired. - Federal Law of 23.05.2016 No. 149-FZ;
e) federal state unitary enterprises, including state enterprises, and federal government agencies(hereinafter referred to as federal organizations), including those located outside the Russian Federation;
e) public corporations, state-owned companies;
(Clause "f" was introduced by Federal Law No. 10-FZ dated 11.02.2013)
4) resolving issues on the transfer of federal-owned archival documents to the ownership of the constituent entities of the Russian Federation and (or) municipalities;
5) resolving issues on the temporary export of documents from the Archival Fund of the Russian Federation outside the Russian Federation.
2. The powers of a constituent entity of the Russian Federation in the field of archival affairs include;
1) implementation of state policy in the field of archival affairs on the territory of a constituent entity of the Russian Federation;
2) storage, acquisition, accounting and use of archival documents and archival funds:
a) state archives of the constituent entity of the Russian Federation, museums, libraries of the constituent entity of the Russian Federation;
b) government bodies and other government bodies of a constituent entity of the Russian Federation;
c) state unitary enterprises, including state-owned enterprises, and state institutions of a constituent entity of the Russian Federation (hereinafter referred to as organizations of a constituent entity of the Russian Federation);
3) resolving issues on the transfer of archival documents owned by a constituent entity of the Russian Federation to the ownership of the Russian Federation, other constituent entities of the Russian Federation and (or) municipalities.
3. The powers of the municipality in the field of archiving include:
1) storage, acquisition (formation), accounting and use of archival documents and archival funds:
a) local government bodies, municipal archives, museums, libraries;
b) municipal unitary enterprises, including state enterprises, and municipal institutions (hereinafter referred to as municipal organizations);
2) resolving issues on the transfer of municipal-owned archival documents to the ownership of the Russian Federation, constituent entities of the Russian Federation, and other municipalities.
4. Bodies of local self-government of settlements, municipal districts, urban districts and inner-city districts carry out activities in the field of archival affairs in accordance with the powers to resolve issues of local importance established by Federal Law No. 131-FZ of October 6, 2003 Federation ".
5. By law, the local self-government body of a municipal district, an urban district may be endowed with separate state powers for the storage, acquisition, accounting and use of archival documents related to state property and located on the territory of the municipality, with the transfer of the necessary material, technical and financial powers for the implementation of these powers. funds.
Chapter 2. ARCHIVAL FOUNDATION OF THE RUSSIAN FEDERATION
Article 5. Composition of the Archival Fund of the Russian Federation
The Archive Fund of the Russian Federation includes archival documents located on the territory of the Russian Federation, regardless of their source of origin, time and method of creation, type of media, forms of ownership and storage location, including legal acts, management documentation, documents containing the results of research , development and technological work, urban planning documentation, film, photo, video and sound documents, electronic and telemetric documents, manuscripts, drawings, drawings, diaries, correspondence, memoirs, copies of archival documents as originals, as well as archival documents government organizations located in foreign countries.
Article 6. Inclusion of archival documents in the Archival Fund of the Russian Federation
1. Archival documents are included in the Archive Fund of the Russian Federation on the basis of an examination of the value of the documents.
2. The solution of scientific and methodological issues related to the examination of the value of documents and their inclusion in the Archive Fund of the Russian Federation, as well as the definition of particularly valuable documents, including unique documents, shall be carried out by the central expert review commission of the authorized federal executive body. authorities in the field of archiving and office work.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
3. The authorized federal executive body in the field of archiving and office work approves lists of standard archival documents with an indication of their storage time and instructions for the use of these lists.
(Part 3 as amended by Federal Law No. 127-FZ of 18.06.2017)
4. The decision on the inclusion of specific documents in the Archive Fund of the Russian Federation is carried out by expert and verification commissions of the federal state archives and authorized executive bodies of the constituent entities of the Russian Federation in the field of archival affairs within their competence.
4.1. The decision to include archival documents in the Archive Fund of the Russian Federation is also carried out by expert fund-purchasing commissions of state municipal museums, expert commissions of state or municipal libraries, expert review commissions of scientific organizations, including state academies of sciences, included in the list of scientific organizations carrying out permanent storage of documents from the Archival Fund of the Russian Federation, approved by the Government of the Russian Federation (hereinafter - scientific organizations included in the list approved by the Government of the Russian Federation).
(Part 4.1 is introduced by Federal Law No. 149-FZ of 23.05.2016)
5. Examination of the value of documents is carried out by the authorized executive body of the constituent entity of the Russian Federation in the field of archiving, the state, municipal archive together with the owner or owner of archival documents.
6. Examination of the value of documents shall be subject to all documents on carriers of any kind that are in federal ownership, property of a constituent entity of the Russian Federation or municipal property. Before the examination of the value of documents is carried out in the prescribed manner, the destruction of documents is prohibited.
7. The inclusion of privately owned documents in the Archive Fund of the Russian Federation is carried out on the basis of an examination of the value of documents and is formalized by an agreement between the owner or owner of archival documents and the state or municipal archive (local government body), museum, library or scientific organization included in the list, which is approved by the Government of the Russian Federation. V this agreement specifies the obligations of the owner or owner of archival documents for the storage, accounting and use of documents from the Archival Fund of the Russian Federation.
(as amended by Federal Laws dated 28.11.2015 No. 357-FZ, dated 23.05.2016 No. 149-FZ)
Article 7. Archival documents related to state property
1. Federal property includes archival documents:
1) stored in federal state archives, federal museums and libraries (with the exception of archival documents transferred to these archives, museums, libraries on the basis of a storage agreement without transferring them into ownership);
2) state bodies and organizations specified in subparagraphs "b", "c", "e" and "f" of paragraph 3 of part 1 of article 4 of this Federal Law;
(as amended by Federal Laws dated 11.02.2013 No. 10-FZ, dated 23.05.2016 No. 149-FZ)
3) former enemy states displaced to the USSR as a result of World War II and located on the territory of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation on displaced cultural property;
4) classified as federal property by federal laws.
2. The property of a constituent entity of the Russian Federation includes archival documents:
1) stored in the state archives of the constituent entity of the Russian Federation, museums and libraries of the constituent entity of the Russian Federation (with the exception of archival documents transferred to these archives, museums and libraries on the basis of a storage agreement without transferring them into ownership);
2) state bodies and organizations of the constituent entity of the Russian Federation;
3) transferred to the ownership of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.
(Clause 3 was introduced by Federal Law No. 127-FZ of June 18, 2017)
Article 8. Archival documents related to municipal property
1. Municipal property includes archival documents:
1) local government bodies and municipal organizations;
2) stored in municipal archives, museums and libraries (with the exception of archival documents transferred to these archives, museums and libraries on the basis of a storage agreement without transferring them into ownership).
2. The division of ownership between municipalities, a municipal formation and a constituent entity of the Russian Federation for archival documents created before the formation, merger, division or change of the status of municipalities and stored in municipal archives is carried out in accordance with the legislation of the constituent entity of the Russian Federation.
Article 9. Archival documents related to private property
Private property includes archival documents:
1) organizations operating in the territory of the Russian Federation and not being state or municipal, including public associations from the date of their registration in accordance with the legislation of the Russian Federation on public associations and religious associations after the separation of the church from the state (hereinafter referred to as non-governmental organizations);
2) created by citizens or legally acquired by them.
Article 10. Features of the legal status of archival documents owned by the Russian Federation, constituent entities of the Russian Federation or municipalities
1. The transfer of federal-owned archival documents to the ownership of the constituent entities of the Russian Federation and (or) municipalities is carried out by the Government of the Russian Federation on the proposal of the authorized federal executive body in the field of archiving and record keeping.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
2. Transfer of archival documents owned by a constituent entity of the Russian Federation or municipal property to the ownership of the Russian Federation, other constituent entities of the Russian Federation and (or) municipalities is carried out in accordance with the legislation of the Russian Federation, the legislation of a constituent entity of the Russian Federation, municipal legal acts.
3. Archival documents in state or municipal ownership are not subject to privatization, cannot be the object of sale, exchange, donation, as well as other transactions that may lead to their alienation, unless otherwise provided by an international treaty of the Russian Federation or federal laws.
4. In the event of privatization of state or municipal enterprises, archival documents formed in the course of their activities, including documents on personnel, remain, respectively, in federal property, property of a constituent entity of the Russian Federation and municipal property.
Article 11. Features of the civil circulation of documents of the Archival Fund of the Russian Federation, which are in private ownership
1. Documents of the Archival Fund of the Russian Federation, which are in private ownership, may be alienated or transferred from one person to another in the order of universal legal succession or in another way. In this case, the legal successor, within thirty days from the date of alienation or transfer of rights, is obliged to notify the corresponding state, municipal archive, museum, library, scientific organization included in the list approved by the Government of the Russian Federation, with which the former owner entered into an agreement, of the transfer of the owner's rights to him.
(as amended by Federal Laws dated 23.05.2016 No. 149-FZ, dated 18.06.2017 No. 127-FZ)
2. When the owner's rights to privately owned documents of the Archival Fund of the Russian Federation are transferred to another person, the obligations specified in the agreement provided for by Part 7 of Article 6 of this Federal Law are transferred to this person.
3. If the owner of especially valuable documents and documents protected by the state does not fulfill his obligations to store, record and use these documents, which may lead to the loss of their value, such documents may be withdrawn from the owner by a court decision in accordance with Article 240 of the Civil Code Russian Federation.
4. In the event of an auction for the sale of privately owned archival documents, the organizers of the auction are obliged to inform the authorized federal executive body in the field of archival affairs and office work and the corresponding authorized executive body of the constituent entity of the Russian Federation in the field of archiving, on the territory of which the auction is held. Violation of this procedure for the sale of archival documents may serve as a basis for the emergence of the right of the authorized federal executive body in the field of archival affairs and office work and the corresponding authorized executive body of the constituent entity of the Russian Federation in the field of archival affairs to claim in court in accordance with civil legislation the transfer of rights to them and the buyer's duties.
(Part 4 as amended by Federal Law No. 127-FZ of 18.06.2017)
5. The specifics of civil circulation of documents from the Archive Fund of the Russian Federation owned by the centers of the historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers are established in accordance with the Federal Law "On the centers of the historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers."
Article 12. Protection of ownership of archival documents
1. The right of ownership to archival documents, regardless of their form of ownership, is protected by law. The seizure of archival documents not provided for by federal laws is prohibited.
2. Archival documents in illegal possession are subject to transfer to their owners or legal owners in accordance with an international treaty of the Russian Federation and the legislation of the Russian Federation.
Chapter 3. ADMINISTRATION OF ARCHIVAL BUSINESS IN THE RUSSIAN FEDERATION
Article 13. Creation of archives
1. State bodies, bodies of local self-government of a municipal district, an urban district and an intra-city district are obliged to create archives for the storage, acquisition, accounting and use of archival documents formed in the course of their activities.
(as amended by Federal Law No. 357-FZ dated 28.11.2015)
2. Organizations and citizens have the right to create archives for the purpose of storing archival documents formed in the course of their activities, including for the purpose of storing and using archival documents that do not belong to state or municipal property.
Article 14. Organization of archival management in the Russian Federation
1. The state acts as the guarantor of the rights provided for by this Federal Law, ensures the development of archival affairs in the Russian Federation on the basis of an appropriate scientific, technical and financial, including tax and credit, policy.
2. State administration of archival affairs in the Russian Federation shall be carried out by federal bodies of state power, including the authorized federal executive body in the field of archival affairs and record keeping.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
3. State administration of archival affairs in the constituent entities of the Russian Federation shall be carried out by the bodies of state power of the constituent entities of the Russian Federation, including the authorized executive bodies of the constituent entities of the Russian Federation in the field of archiving.
4. Management of archival affairs in municipalities is carried out by local self-government bodies.
5. State bodies, local self-government bodies, organizations and citizens, in order to ensure uniform principles for organizing storage, acquisition, accounting and use of archival documents, are guided in working with archival documents by the legislation of the Russian Federation (including the rules established by the authorized federal executive body in the field of archiving and office work), the legislation of the constituent entities of the Russian Federation and municipal legal acts.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
Article 15. Financial and material-technical support of archival affairs
1. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activity without forming a legal entity shall be obliged to provide financial, material and technical and other conditions necessary for the acquisition, storage, accounting and use of archival documents, to provide the archives created by them with buildings and (or) premises that meet the regulatory requirements for the storage of archival documents and the working conditions of archives employees.
2. A state body, a local self-government body that makes a decision on the reconstruction, transfer or demolition of a building in which a state or municipal archive is located, are obliged to provide this archive with a building that meets the regulatory requirements for storing archival documents.
3. State and municipal (with the exception of structural subdivisions of local self-government bodies) archives have the right to carry out income-generating activities insofar as this is provided for by their constituent documents, serves and corresponds to the achievement of the goals for which they were created, as well as cover their expenses at the expense of other receipts, permitted by the legislation of the Russian Federation.
Article 16. Control over compliance with the legislation on archiving in the Russian Federation
Control over the observance of the legislation on archiving in the Russian Federation is carried out by federal bodies of state power, including the authorized federal executive body in the field of archiving and record keeping, state power bodies of the constituent entities of the Russian Federation, including authorized executive bodies of the constituent entities of the Russian Federation in the region archival affairs, within the limits of their competence, determined by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
Chapter 4. STORAGE AND ACCOUNTING OF ARCHIVAL DOCUMENTS
Article 17. Obligations of state bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activity without forming a legal entity, to ensure the safety of archival documents
1. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activity without forming a legal entity are obliged to ensure the safety of archival documents, including documents on personnel, during the storage periods established by federal laws, other regulatory legal acts of the Russian Federation. Federation, as well as lists of documents provided for by Part 3 of Article 6 and Parts 1 and 1.1 of Article 23 of this Federal Law.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
2. The destruction of documents from the Archival Fund of the Russian Federation is prohibited.
3. With regard to especially valuable documents, including unique documents, a special regime of accounting, storage and use is established. Insurance copies of these documents are created.
4. The procedure for classifying documents of the Archival Fund of the Russian Federation as especially valuable documents, including unique documents, the procedure for recording such documents, creating and storing their insurance copies shall be determined by the authorized federal executive body in the field of archiving and office work.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
Article 18. Storage of documents of the Archival Fund of the Russian Federation
1. State-owned documents of the Archival Fund of the Russian Federation are stored:
1) permanently - in state archives, museums, libraries and scientific organizations included in the list, which is approved by the Government of the Russian Federation;
(as amended by Federal Law No. 149-FZ dated 23.05.2016)
2) temporarily - in state bodies, state organizations, archives created by them within the established time limits, as well as in municipal archives in the case of vesting a local self-government body of a municipal district or an urban district with separate state powers for the storage, acquisition, accounting and use of archival documents related to to state property and located on the territory of the municipality.
2. Depository storage of documents of the Archival Fund of the Russian Federation, which are in federal ownership, shall be carried out by federal executive bodies and organizations, the list of which is established by the Government of the Russian Federation. The terms and conditions of depository storage of documents from the Archive Fund of the Russian Federation and the use of these documents are established in contracts concluded by federal executive bodies and organizations with an authorized federal executive body in the field of archiving and record keeping.
(Part 2 as amended by Federal Law No. 127-FZ of 18.06.2017)
3. The documents of the Archival Fund of the Russian Federation, which are in municipal ownership, are stored:
1) permanently - in municipal archives, museums and libraries;
2) temporarily - in local self-government bodies, municipal organizations and archives created by them within the established time limits.
4. Documents of the Archival Fund of the Russian Federation, which are in private ownership, can be stored by their owners or owners independently, or can be transferred under an agreement for storage to the state or municipal archives, library, museum, as well as a scientific organization included in the list, which is approved by the Government Russian Federation. At the same time, the conditions for storing these documents are determined by their owners or owners in compliance with the norms of this Federal Law.
(as amended by Federal Law No. 149-FZ dated 23.05.2016)
5. Documents of the Archival Fund of the Russian Federation owned by the centers of the historical heritage of the presidents of the Russian Federation, who have ceased to exercise their powers, are subject to permanent storage.
(part five was introduced by Federal Law No. 68-FZ of 13.05.2008)
Article 19. State registration of documents of the Archival Fund of the Russian Federation
1. Documents of the Archival Fund of the Russian Federation, regardless of the place of their storage, are subject to state registration. Order state accounting documents of the Archival Fund of the Russian Federation are determined by the authorized federal executive body in the field of archival affairs and office work. Unique documents are also subject to registration in the State Register of Unique Documents of the Archival Fund of the Russian Federation, which is maintained by the authorized federal executive body in the field of archiving and record keeping.
2. Documents of the Archival Fund of the Russian Federation shall not be included in the property of organizations that store them.
(Part 2 as amended by Federal Law No. 149-FZ dated 23.05.2016)
Chapter 5. COMPLETE ARCHIVES WITH ARCHIVAL DOCUMENTS
Article 20. Sources of acquisition of state and municipal archives with archival documents
1. State bodies, local self-government bodies, organizations and citizens, in the process of which documents of the Archive Fund of the Russian Federation and other archival documents are formed, which are subject to acceptance for storage in state and municipal archives, act as sources of completing state and municipal archives with archival documents.
2. State and municipal archives compile lists of acquisition sources that transfer documents from the Archival Fund of the Russian Federation and other archival documents to these archives. Non-governmental organizations, as well as citizens, are included in these lists on the basis of an agreement.
Article 21. Transfer of documents of the Archival Fund of the Russian Federation for permanent storage
1. The documents of the Archival Fund of the Russian Federation, which are in state or municipal ownership, after the expiration of their temporary storage in state bodies, local self-government bodies or state and municipal organizations, are transferred for permanent storage to the corresponding state and municipal archives.
2. Documents of the Archival Fund of the Russian Federation formed in the course of the activities of territorial bodies, federal bodies of state power and federal organizations, other state bodies of the Russian Federation located on the territory of a subject of the Russian Federation may be transferred to the state archives of a subject of the Russian Federation on the basis of an agreement between the body or the organization transmitting the said documents and the authorized executive body of the constituent entity of the Russian Federation in the field of archival affairs.
3. Documents of the Archival Fund of the Russian Federation, which are in private ownership, enter the state and municipal archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, on the basis of agreements between these archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, and the owners of these documents.
(as amended by Federal Law No. 149-FZ dated 23.05.2016)
4. State bodies, local self-government bodies, state and municipal organizations are prohibited from transferring documents of the Archive Fund of the Russian Federation formed in the course of their activities to museums, libraries, scientific organizations included in the list approved by the Government of the Russian Federation, and non-governmental organizations.
(as amended by Federal Law No. 149-FZ dated 23.05.2016)
5. Transfer for permanent storage in the state and municipal archives of a mandatory free copy of documents is carried out in the manner prescribed by the legislation of the Russian Federation on a mandatory copy of documents.
Article 21.1. Establishment and calculation of storage periods for archival documents
(introduced by Federal Law No. 127-FZ of June 18, 2017)
1. The storage periods for archival documents are established by federal laws, other regulatory legal acts of the Russian Federation, as well as lists of documents provided for by part 3 of article 6 and parts 1 and 1.1 of article 23 of this Federal law.
2. The storage periods of archival documents, regardless of the place of their storage, shall be calculated from January 1 of the year following the year in which they were completed with office work (in the meaning provided for by Clause 17 of Article 3 of this Federal Law).
Article 22. Terms of temporary storage of documents of the Archival Fund of the Russian Federation prior to their transfer for permanent storage
The following terms are established for the temporary storage of documents from the Archival Fund of the Russian Federation prior to their receipt in the state and municipal archives:
1) for documents of federal bodies of state power, other state bodies of the Russian Federation (including the bodies of the Prosecutor's Office of the Russian Federation, the Central Election Commission of the Russian Federation, the Accounts Chamber of the Russian Federation, the Central Bank of the Russian Federation (Bank Russia)), as well as for documents of state extra-budgetary funds, state corporations, state companies and federal organizations included in the established order in the Archive Fund of the Russian Federation - 15 years;
(as amended by Federal Law No. 10-FZ dated 11.02.2013)
2) 10 years for documents of state authorities, other state bodies of constituent entities of the Russian Federation and organizations of constituent entities of the Russian Federation included in the established procedure in the Archive Fund of the Russian Federation;
3) for documents of local self-government bodies and municipal organizations included in the established procedure in the Archive Fund of the Russian Federation - 5 years;
4) for certain types of archival documents included in the established procedure in the Archive Fund of the Russian Federation:
a) records of acts of civil status - 100 years;
b) records of notarial acts, household books and documents relating to the privatization of the housing stock - 75 years;
(as amended by Federal Law No. 43-FZ dated 02.03.2016)
v) project documentation on capital construction- 20 years;
d) technological and design documentation - 20 years;
e) patents for an invention, utility model, industrial design - 20 years;
f) scientific documentation - 15 years;
g) film and photographic documents - 5 years;
h) video and phono documents - 3 years.
Article 22.1. Storage periods for personnel documents
(as amended by Federal Law No. 127-FZ of 18.06.2017)
1. Personnel documents completed by office work before January 1, 2003 are stored for 75 years.
2. Personnel documents completed by office work after January 1, 2003 are stored for 50 years.
3. After the expiration of the storage periods specified in parts 1 and 2 of this article, personnel documents formed in the course of the activities of sources of acquisition of state and municipal archives with archival documents are subject to an examination of the value of the documents.
4. The provisions stipulated in parts 1 and 2 of this article do not apply to personnel documents, in respect of which a different storage period is established by the current lists of archival documents indicating their storage time.
5. Personnel documents generated in connection with the passage of civil service by citizens, which is not a state civil service, are stored in state bodies in which citizens underwent civil service, which is not a state civil service, for 75 years after the termination of the civil service with examination of the value of documents after the expiration of the specified storage period.
Article 23. Obligations of state bodies, local self-government bodies, organizations for the acquisition of state and municipal archives with archival documents
1. Federal bodies of state power, other state bodies of the Russian Federation develop and approve lists of documents generated in the course of their activities, as well as in the process of activities of organizations subordinate to them, indicating the terms of their storage in agreement with the authorized federal executive body in the field of archiving and office work.
(Part 1 as amended by Federal Law No. 127-FZ of 18.06.2017)
1.1. The authorized federal executive body in the field of archiving and record keeping together with The central bank Of the Russian Federation (the Bank of Russia) approves the list of documents generated in the course of the activities of credit institutions, indicating their storage time and approves the instructions for its use.
(Part 1.1 as amended by Federal Law No. 127-FZ of 18.06.2017)
2. State bodies, local self-government bodies, state and municipal organizations ensure, in accordance with the rules established by the authorized federal executive body in the field of archiving and record keeping, the selection, preparation and transfer in an ordered state of documents of the Archival Fund of the Russian Federation for permanent storage in state and municipal archives. All work related to the selection, preparation and transfer of archival documents for permanent storage, including their ordering and transportation, are carried out at the expense of the bodies and organizations that transfer the documents.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
3. Non-governmental organizations ensure the selection and transfer, in an orderly state, to the state and municipal archives of archival documents in their possession classified as federal property, property of a constituent entity of the Russian Federation or municipal property, with the right to reimburse the expenses incurred for these purposes at the expense of funds, respectively federal budget in the manner established by the Government of the Russian Federation, the budget of the constituent entity of the Russian Federation in the manner established by the executive authority of the constituent entity of the Russian Federation, and the budget of the municipal formation in the manner established by the local government.
4. When reorganizing state bodies, archival documents in an ordered state are transferred to the legal successors of the reorganized state bodies.
5. When the structure of local self-government bodies is changed, archival documents in an ordered state are transferred to the newly formed local self-government bodies.
6. When reorganizing state and municipal organizations, archival documents in an ordered state are transferred to the legal successors of the reorganized organizations. At the same time, in the event of a transformation of state and municipal organizations with a change in the forms of ownership of the property of these organizations, archival documents can be transferred for temporary storage to newly emerged legal successor organizations on the basis of agreements between these organizations and the corresponding state or municipal archives.
7. When reorganizing state and municipal organizations by splitting or separating one or several organizations from their composition, the conditions and place of further storage of archival documents are determined by the founders of these organizations or by bodies authorized by the constituent documents, in agreement with the authorized federal executive body in the field of archival affairs and office work or by the relevant authorized executive bodies of the constituent entities of the Russian Federation in the field of archival affairs.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
8. In the event of liquidation of state bodies, local self-government bodies, state and municipal organizations, documents included in the Archive Fund of the Russian Federation, documents on personnel, as well as archival documents, the temporary storage of which has not expired, in an ordered state are deposited in the corresponding state or the municipal archive.
9. In the event of reorganization of non-governmental organizations, the conditions and place of further storage of archival documents are determined by the founders of these organizations or by the bodies authorized to do so by the constituent documents.
10. In the event of liquidation of non-governmental organizations, including as a result of bankruptcy, archival documents formed in the course of their activities and included in the Archival Fund of the Russian Federation, documents on personnel, as well as archival documents, the terms of temporary storage of which have not expired, are transferred by the liquidation commission (liquidator) or bankruptcy commissioner in an ordered state for storage in the appropriate state or municipal archive on the basis of an agreement between the liquidation commission (liquidator) or the bankruptcy commissioner and the state or municipal archive. In this case, the liquidation commission (liquidator) or the bankruptcy commissioner organizes the ordering of the archival documents of the liquidated organization, including the organization liquidated as a result of bankruptcy.
Chapter 6. ACCESS TO ARCHIVAL DOCUMENTS AND THEIR USE
Article 24. Access to archival documents
1. The user of archival documents has the right to freely search for and receive archival documents for study.
1.1. Access to archival documents is provided by:
1) by providing the user with archival documents of reference and retrieval tools and information about these tools, including in the form of an electronic document;
2) by providing originals and (or) copies of the documents necessary for him, including in the form electronic documents;
3) by using public information and telecommunication networks, including the Internet, with the possibility of copying them.
(Part 1.1 is introduced by Federal Law No. 227-FZ, dated 27 July 2010)
2. The conditions for access to privately owned archival documents, with the exception of archival documents, access to which is regulated by the legislation of the Russian Federation, are established by the owner or owner of archival documents.
Article 25. Restriction on access to archival documents
1. Access to archival documents may be limited in accordance with an international treaty of the Russian Federation, the legislation of the Russian Federation, as well as in accordance with the order of the owner or owner of privately owned archival documents.
2. Access to archival documents, regardless of their forms of ownership, containing information constituting state and other secrets protected by the legislation of the Russian Federation, as well as to originals of especially valuable documents, including unique documents, and documents of the Archival Fund of the Russian Federation, recognized in in an unsatisfactory physical condition established by the authorized federal executive body in the field of archiving and office work. Cancellation of restrictions on access to archival documents containing information constituting state and other secrets protected by the legislation of the Russian Federation is carried out in accordance with the legislation of the Russian Federation.
(as amended by Federal Law No. 127-FZ of 18.06.2017)
3. Restrictions on access to archival documents containing information about the personal and family secrets of a citizen, his private life, as well as information posing a threat to his safety, is established for a period of 75 years from the date of creation of these documents. With the written permission of the citizen, and after his death with the written permission of the heirs of this citizen, the restriction on access to archival documents containing information about the personal and family secrets of a citizen, his private life, as well as information posing a threat to his safety, may be canceled earlier than in 75 years from the date of creation of these documents.
Article 26. Use of archival documents
1. The user of archival documents has the right to use, transfer, distribute the information contained in the archival documents provided to him, as well as copies of archival documents for any legal purpose and in any legal way.
2. State and municipal archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, provide the user with archival documents with the conditions necessary for the search and study of archival documents.
(as amended by Federal Law No. 149-FZ dated 23.05.2016)
3. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activity without forming a legal entity, if they have the relevant archival documents, are obliged to provide the user with archival documents, in accordance with the established procedure, archival certificates or copies of archival documents related to the social protection of citizens free of charge. providing for them pension provision, as well as receiving benefits and compensations in accordance with the legislation of the Russian Federation. Users' inquiries and appeals can be sent in the form of electronic documents using public information and telecommunication networks, including the Internet.
(as amended by Federal Law No. 227-FZ dated 27.07.2010)
4. State and municipal (with the exception of structural subdivisions of local self-government bodies) archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, as well as state and municipal organizations in accordance with the legislation of the Russian Federation may, on the basis of existing them of archival documents and reference and search facilities to provide the user with archive documents paid information services, to conclude agreements with him on the use of archival documents and reference and search facilities.
(as amended by Federal Law No. 149-FZ dated 23.05.2016)
5. The procedure for the use of archival documents in state and municipal archives, including restrictions on the volume, timing, used technical means of copying, issuing and copying archival documents on a reimbursable or gratuitous basis, is established by the authorized federal executive body in the field of archiving and record keeping. The procedure for the use of archival documents in state bodies, local self-government bodies, state and municipal organizations, state and municipal museums, libraries, as well as in scientific organizations included in the list, which is approved by the Government of the Russian Federation, is determined by them in accordance with the legislation of the Russian Federation, in including in accordance with the procedure established by the authorized federal executive body in the field of archiving and office work.
(Part 5 as amended by Federal Law No. 127-FZ of 18.06.2017)
6. The use of archival documents, which are subject to the legislation of the Russian Federation on intellectual property, is carried out taking into account the requirements of this legislation.
7. State and municipal archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, archives of state bodies, local self-government bodies, state and municipal organizations provide state bodies and local self-government bodies with the archival information and copies of archival documents, including in the form of electronic documents, publish and exhibit archival documents, prepare reference and information publications on the composition and content of the documents stored in them.
(as amended by Federal Laws dated 27.07.2010 No. 227-FZ, dated 23.05.2016 No. 149-FZ)
8. Archival documents seized as material evidence in accordance with the legislation of the Russian Federation are subject to return to the owner or owner of archival documents.
Chapter 7. LIABILITY FOR VIOLATION OF LEGISLATION
ON ARCHIVAL CASE IN THE RUSSIAN FEDERATION
Article 27. Responsibility for violation of the legislation on archiving in the Russian Federation
Legal entities, as well as officials and citizens guilty of violating the legislation on archiving in the Russian Federation, bear civil, administrative and criminal liability established by the legislation of the Russian Federation.
Chapter 8. INTERNATIONAL COOPERATION
Article 28. International cooperation of the Russian Federation in the field of archival affairs
State bodies, local self-government bodies, state and municipal archives, museums, libraries and other legal entities within their competence, as well as citizens - owners or owners of archival documents take part in international cooperation in the field of archival affairs, participate in the work of international organizations, meetings and conferences on issues of archival affairs, in the international information exchange.
Article 29. Export and import of archival documents
1. Export outside the Russian Federation of archival documents that are in state or municipal ownership, as well as documents of the Archival Fund of the Russian Federation that are in private ownership, is prohibited.
2. Archival documents in private ownership may be exported outside the Russian Federation. The specified archival documents declared for export are subject to an examination of the value of the documents in the manner established by the Government of the Russian Federation.
3. Temporary export outside the Russian Federation of archival documents that are in state or municipal ownership, as well as documents of the Archival Fund of the Russian Federation that are in private ownership, shall be carried out in accordance with the legislation of the Russian Federation.
4. Removal from the Russian Federation of archival documents displaced to the USSR as a result of World War II and located on the territory of the Russian Federation, which do not belong to federal property, shall be carried out in accordance with the legislation of the Russian Federation.
5. It is allowed to import into the Russian Federation archival documents acquired and (or) obtained legally.
Article 30. Export and import of copies of archival documents
The export outside the Russian Federation and the import into the Russian Federation of the acquired and (or) legally obtained copies of archival documents on media of any kind are carried out without restrictions, with the exception of the export of copies of archival documents, access to which is limited in accordance with the legislation of the Russian Federation.
Chapter 9. FINAL PROVISIONS
Article 31. Entry into force of this Federal Law
1. This Federal Law shall enter into force on the day of its official publication, with the exception of provisions for which this article establishes other terms and procedure for entry into force.
2. The provisions of Clause 11 of Article 3, Part 5 of Article 4 of this Federal Law shall enter into force from January 1, 2006 and until this date are applied exclusively to legal relations arising in connection with a change in the boundaries or transformation of municipalities.
4. The provisions of Part 7 of Article 6, Part 1 of Article 13, Item 2 of Part 1 of Article 18 of this Federal Law on Local Self-Government Bodies of a Municipal District and Urban District and on Municipal Archives shall enter into force on January 1, 2006 and until this date are applied exclusively to legal relations arising in connection with the change of borders or the transformation of municipalities.
Article 32. Invalidation of legislative acts in connection with the adoption of this Federal Law
From the date this Federal Law enters into force, the following shall be declared invalid:
1) Fundamentals of the legislation of the Russian Federation on the Archival Fund of the Russian Federation and archives dated July 7, 1993 No. 5341-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 33, art. 1311);
2) Resolution of the Supreme Council of the Russian Federation of July 7, 1993 No. 5342-1 "On the procedure for the introduction into force of the Fundamentals of Legislation of the Russian Federation on the Archival Fund of the Russian Federation and archives" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 33, p. 1312).
The president
Russian Federation
V. PUTIN
RUSSIAN FEDERATION
THE FEDERAL LAW
dated 24.07.98 N 125-FZ
ABOUT OBLIGATORY SOCIAL INSURANCE AGAINST ACCIDENTS
PRODUCTION CASES AND OCCUPATIONAL DISEASES
(as amended by Federal Laws of 17.07.1999 N 181-FZ,
from 25.10.2001 N 141-FZ, from 30.12.2001 N 196-FZ,
Labor Code of the Russian Federation of December 30, 2001 N 197-FZ,
Federal Laws of November 26, 2002 N 152-FZ,
from 22.04.2003 N 47-FZ, from 07.07.2003 N 118-FZ,
from 23.10.2003 N 132-FZ, from 23.12.2003 N 185-FZ,
from 22.08.2004 N 122-FZ, from 01.12.2004 N 152-FZ,
from 29.12.2006 N 259-FZ, from 21.07.2007 N 192-FZ,
from 23.07.2008 N 160-FZ, from 24.07.2009 N 213-FZ,
from 28.11.2009 N 295-FZ, from 19.05.2010 N 90-FZ,
of July 27, 2010 N 226-FZ, of November 29, 2010 N 313-FZ,
from 08.12.2010 N 348-FZ, from 09.12.2010 N 350-FZ,
from 06.11.2011 N 300-FZ, from 03.12.2011 N 383-FZ,
as amended by Federal Laws dated 02.01.2000 N 10-FZ,
from 11.02.2002 N 17-FZ, from 08.02.2003 N 25-FZ,
from 08.12.2003 N 166-FZ, from 29.12.2004 N 202-FZ,
from 22.12.2005 N 180-FZ, from 19.12.2006 N 234-FZ,
from 21.07.2007 N 183-FZ)
This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations of compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment contract and in other cases established by this Federal Law. ...
Chapter 1. GENERAL PROVISIONS
Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases
1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:
- ensuring social protection of the insured and the economic interest of insurance subjects in reducing professional risk;
- compensation for harm caused to the life and health of the insured while fulfilling his obligations under the employment contract and in other cases established by this Federal Law, by providing the insured in full with all the necessary types of insurance coverage, including payment of expenses for medical, social and professional rehabilitation;
(as amended by Federal Law of 08.12.2010 N 348-FZ) - provision of preventive measures to reduce industrial injuries and occupational diseases.
2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, in the part exceeding the insurance coverage carried out in accordance with this Federal Law.
In the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with this Federal Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the owner of a hazardous facility for harm caused by an accident at a hazardous facility.
(the paragraph was introduced by the Federal Law of 27.07.2010 N 226-FZ)
3. State authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations and citizens hiring employees, have the right, in addition to compulsory social insurance provided for by this Federal Law, to carry out, at their own expense, other types of employee insurance provided for by the legislation of the Russian Federation.
Article 2. Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases
The legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it.
If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty of the Russian Federation shall apply.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
- the object of compulsory social insurance against industrial accidents and occupational diseases is the property interests of individuals associated with the loss of health by these individuals, occupational disability or their death due to an industrial accident or occupational disease;
- subjects of insurance - the insured, the policyholder, the insurer;
- insured:
- an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of Clause 1 of Article 5 of this Federal Law;
- an individual who has suffered damage to health as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure and entailed the loss of professional ability to work;
- insured - a legal entity of any organizational and legal form (including a foreign organization operating on the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with paragraph 1 of Article 5 of this Federal Law;
- insurer - the Social Insurance Fund of the Russian Federation;
- insured event - the fact of damage to the health of the insured as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure, which entails the occurrence of the obligation of the insurer to provide insurance coverage;
- industrial accident - an event as a result of which the insured received an injury or other damage to health while fulfilling his obligations under an employment contract and in other cases established by this Federal Law both on the territory of the insured and outside it, or while traveling to the place of work or return from the place of work in the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;
(as amended by Federal Law of 08.12.2010 N 348-FZ) - occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and entailed a temporary or permanent loss of his professional ability to work;
- insurance premium - a compulsory payment for compulsory social insurance against industrial accidents and occupational diseases, calculated on the basis of the insurance rate, discounts (surcharges) to the insurance rate, which the policyholder is obliged to pay to the insurer;
- insurance tariff - the rate of the insurance premium calculated on the basis of the amounts of payments and other remuneration accrued in favor of the insured under employment contracts and civil law contracts and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law;
(as amended by Federal Law of 08.12.2010 N 348-FZ) - insurance coverage - insurance compensation for harm caused as a result of an insured event to the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or to persons entitled to this in accordance with this Federal Law;
- occupational risk - the likelihood of injury (loss) of health or death of the insured associated with the performance of his obligations under the employment contract and in other cases established by this Federal Law;
(as amended by Federal Law of 08.12.2010 N 348-FZ) - occupational risk class - the level of occupational injuries, occupational morbidity and expenses for insurance coverage, prevailing by the types of economic activities of the insured;
- professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;
- the degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities before the occurrence of the insured event;
- the insured's earnings - all types of payments and other remunerations (both at the main place of work and part-time) in favor of the insured, paid under employment contracts and civil law contracts and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law ...
(the paragraph was introduced by the Federal Law of 08.12.2010 N 348-FZ)
Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases
The main principles of compulsory social insurance against industrial accidents and occupational diseases are:
- guarantee of the right of the insured to be provided with insurance;
- the economic interest of the subjects of insurance in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity;
- compulsory registration as policyholders of all persons hiring (hiring) workers subject to compulsory social insurance against industrial accidents and occupational diseases;
- compulsory payment of insurance premiums by policyholders;
- differentiation of insurance rates depending on the class of professional risk.
Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases
1. Compulsory social insurance against industrial accidents and occupational diseases are subject to:
- individuals who perform work on the basis of an employment contract concluded with the policyholder;
(as amended by Federal Law of 08.12.2010 N 348-FZ) - individuals sentenced to imprisonment and involved in work by the insured.
Individuals performing work on the basis of a civil law contract are subject to compulsory social insurance against industrial accidents and occupational diseases, if, in accordance with the said contract, the policyholder is obliged to pay insurance premiums to the insurer.
2. This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation.
Article 6. Registration of policyholders
Registration of policyholders is carried out in the executive bodies of the insurer:
- insured - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body carrying out state registration of legal entities, information contained in the unified state register of legal entities and submitted in the manner established by the federal executive body authorized by the Government of the Russian Federation;
- policyholders - legal entities at the location of their separate divisions, having a separate balance sheet, current account and calculating payments and other remuneration in favor of individuals, on the basis of an application for registration as an insurant, submitted no later than 30 days from the date of creation of such a separate division ;
- policyholders - individuals who have entered into an employment contract with an employee, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the employed employees;
- policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of the specified contract.
The procedure for registration of policyholders specified in paragraphs three, four and five of part one of this article is established by the insurer.
Article 7. Right to insurance coverage
1. The right of the insured to receive insurance coverage arises from the date of the insured event.
2. The right to receive insurance payments in the event of the death of the insured as a result of the occurrence of an insured event shall have:
- disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him;
- child of the deceased, born after his death;
- one of the parents, spouse (spouse) or another family member, regardless of his ability to work, who does not work and is engaged in caring for the deceased's dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or, although they have reached the specified age, but at the conclusion of the institution of the state service of medical and social expertise (hereinafter - the institution of medical and social expertise) or medical and preventive institutions of the state health care system recognized as needing outside care for health reasons;
- persons who were dependent on the deceased who became disabled within five years from the date of his death.
In the event of the death of the insured, one of the parents, spouse or other family member who does not work and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the period of care, retains the right to receive insurance benefits after the end of caring for these persons. ... The dependence of minor children is assumed and does not require proof.
3. Insurance benefits in the event of the death of the insured are paid:
- minors - until they reach the age of 18;
- students over 18 years of age - until the end of their studies in educational institutions for full-time education, but not more than 23 years old;
- women who have reached the age of 55 and men who have reached the age of 60 - for life;
- disabled people - for the period of disability;
- to one of the parents, spouse (spouse) or another family member who is not working and is engaged in caring for the deceased's dependent children, grandchildren, brothers and sisters - until they reach the age of 14 or changes in health.
4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the insured's earnings was their permanent and main source of livelihood.
5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or the legislation of the Russian Federation on compensation for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their work duties, are entitled to insurance coverage from the date of entry into force of this Federal Law.
Chapter II. INSURANCE PROVISION
Article 8. Types of insurance coverage
1. Provision for insurance is carried out:
1) in the form of a temporary disability benefit assigned in connection with an insured event and paid out of funds for compulsory social insurance against industrial accidents and occupational diseases;
2) in the form of insurance payments:
- a one-time insurance payment to the insured or to persons entitled to receive such payment in the event of his death;
- monthly insurance payments to the insured or to persons entitled to receive such payments in the event of his death;
3) in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:
- treatment of the insured, carried out in the territory of the Russian Federation immediately after a serious industrial accident, until the restoration of working capacity or the establishment of a permanent loss of professional working capacity;
- purchase of medicines, medical products and personal care;
- outside (special medical and household) care for the insured, including that carried out by members of his family;
- the travel of the insured, and, if necessary, for the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a severe industrial accident, medical rehabilitation in organizations providing spa services, obtaining a special vehicle, order, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation) and when sent by the insurer to the institution of medical and social expertise and to the institution that examines the connection between the disease and the profession;
- medical rehabilitation in organizations that provide spa services, including on a voucher, including payment for treatment, accommodation and meals for the insured, and, if necessary, payment for travel, accommodation and meals for an accompanying person, payment for the insured's vacation (in excess of the annual paid leave established the legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
- manufacturing and repair of prostheses, prosthetic and orthopedic products and orthoses;
- provision of technical means of rehabilitation and their repair;
- provision of vehicles in the presence of appropriate medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;
- vocational training (retraining).
2. Payment of additional costs provided for in subparagraph 3 of paragraph 1 of this article, with the exception of payment of costs for the treatment of the insured immediately after a serious accident at work, is made by the insurer if the institution of medical and social expertise has established that the insured needs in accordance with the rehabilitation program of the victim as a result of an accident at work and occupational disease in the specified types of assistance, provision or care. The conditions, amounts and procedure for payment of such expenses are determined by the Government of the Russian Federation.
If the insured person simultaneously has the right to receive free or preferential treatment of the same types of assistance, provision or care in accordance with this Federal Law and other federal laws, regulatory legal acts of the Russian Federation, he is given the right to choose the appropriate type of assistance, provision or care one by one. base.
3. Reimbursement to the insured for lost earnings in terms of wages under a civil law contract, according to which there is no obligation for the employer to pay insurance premiums to the insurer, as well as in terms of payment of royalties, for which insurance premiums have not been charged, shall be made by the inflictor of harm.
Compensation of the insured person for moral damage caused in connection with an industrial accident or occupational disease is carried out by the inflictor of harm.
Article 9. Amount of benefits for temporary incapacity for work in connection with an industrial accident or occupational disease
Temporary disability benefit in connection with an industrial accident or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of a permanent loss of professional disability in the amount of 100 percent of his average earnings, calculated in accordance with the legislation of the Russian Federation on benefits for temporary disability ...
Article 10. Lump-sum insurance payments and monthly insurance payments
1. Lump-sum insurance payments and monthly insurance payments are assigned and paid:
- to the insured - if, according to the conclusion of the institution of medical and social examination, the result of the occurrence of the insured event was the loss of his professional ability to work;
- to persons entitled to receive them - if the result of the occurrence of the insured event was the death of the insured.
2. Lump-sum insurance payments are paid to the insured no later than one calendar month from the date of appointment of the specified payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date the policyholder submits to the insurer all the documents necessary for the appointment of such payments.
3. Monthly insurance payments are paid to the insured during the entire period of their permanent loss of professional working capacity, and in the event of the death of the insured to persons entitled to receive them, during the periods established by Clause 3 of Article 7 of this Federal Law.
4. When calculating insurance payments, all pensions, benefits and other similar payments assigned to the insured both before and after the occurrence of the insured event do not entail a decrease in their size. The earnings received by the insured after the occurrence of the insured event are also not included in the insurance payments.
Article 11. Amount of a lump sum insurance payment
1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured professional working capacity based on maximum amount established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. In the event of the death of the insured, the lump-sum insurance benefit is set in an amount equal to the specified maximum amount.
2. In localities where regional coefficients are established, percentage allowances to wages, the amount of a one-time insurance payment is determined taking into account these coefficients and allowances.
3. The degree of loss of professional working capacity by the insured shall be established by the institution of medical and social expertise.
The procedure for establishing the degree of loss of professional working capacity as a result of industrial accidents and occupational diseases is determined by the Government of the Russian Federation.
Article 12. Amount of monthly insurance payment
1. The amount of the monthly insurance payment is determined as the share of the insured's average monthly earnings, calculated in accordance with the degree of loss of professional ability to work.
2. When calculating the amount of lost earnings by the insured as a result of the occurrence of an insured event, the amount of remuneration under civil law contracts and the amount of royalties are taken into account if insurance premiums were charged to the insurer from them. The amounts of remuneration under civil law contracts and the amount of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary disability or maternity leave, benefits paid on the indicated grounds are taken into account.
All types of earnings are accounted for in the amounts accrued before taxes, fees and other mandatory payments.
In areas where regional coefficients are established, percentage allowances to wages, the size of the monthly insurance payment is determined taking into account these coefficients and allowances.
When calculating the average monthly earnings of the insured sent by the insured to work outside the territory of the Russian Federation, both the amount of earnings at the main place of work and the amount of earnings accrued in foreign currency (if insurance premiums were charged on them) are taken into account, which are converted into rubles at the rate of the Central Bank of the Russian Federation, established on the day of appointment of the monthly insurance payment.
(as amended by Federal Law of 08.12.2010 N 348-FZ)
3. The average monthly earnings of the insured is calculated by dividing the total amount of his earnings (taking into account the premiums accrued in billing period) for 12 months of work that caused damage to health, preceding the month in which an industrial accident occurred to him, a diagnosis of an occupational disease was established, or (at the option of the insured) a loss (decrease) of his professional ability to work was established by 12.
If the work that caused damage to health lasted less than 12 months, the average monthly earnings of the insured is calculated by dividing the total amount of his earnings for the number of months actually worked by him preceding the month in which he had an accident at work, a diagnosis of an occupational disease was established, or (at the option of the insured) the loss (decrease) of his professional working capacity was established, for the number of these months. In cases where the period of work that caused damage to health was less than one full calendar month, the monthly insurance payment is calculated based on the conditional monthly earnings, determined as follows: the amount of earnings for the time worked is divided by the number of days worked and the amount received is multiplied by the number of working days in a month , calculated on average for the year. When calculating the average monthly earnings, the months not fully worked by the insured are replaced by the previous fully worked months or excluded if it is impossible to replace them.
At the request of the insured, upon the occurrence of an insured event due to the receipt of an occupational disease, the average monthly earnings can be calculated for the last 12 months of work preceding the termination of work that caused such an illness.
4. Monthly insurance payments to an insured who has not reached the age of 18 at the time of the appointment of insurance coverage, are calculated from his average earnings, but not less than the amount established in accordance with the law. living wage able-bodied population as a whole in the Russian Federation.
5. If the insured event occurs after the expiration of the employment contract, at the request of the insured, his earnings are taken into account until the expiration of the specified contract or the usual amount of remuneration of an employee of his qualifications in a given locality, but not less than the amount of the subsistence minimum of the working-age population established in accordance with the law. the whole of the Russian Federation.
(as amended by Federal Laws of 07.07.2003 N 118-FZ, of 08.12.2010 N 348-FZ)
6. If in the earnings of the insured before the occurrence of the insured event there have been stable changes that improve it property status(the salary for the position held was increased, he was transferred to a higher-paid job, he started working after graduating from an educational institution on a full-time basis and in other cases when the stability of the change or the possibility of changing the insured's salary was proved), when calculating his average monthly earnings, it is taken into account only the earnings that he received or should have received after the corresponding change.
7. If it is impossible to obtain a document on the amount of the insured's earnings, the amount of the monthly insurance payment is calculated based on the tariff rate (official salary) established (established) in the industry (sub-industry) for this profession, and similar working conditions at the time of applying for insurance payments.
After submitting a document on the amount of earnings, the amount of the monthly insurance payment is recalculated from the month following the month in which the relevant documents were provided.
Data on the size of the wage rates (official salaries) of employees are provided by the labor bodies of the constituent entities of the Russian Federation.
8. To persons who have the right to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated based on his average monthly earnings minus the shares attributable to him and the able-bodied persons who were dependent on him, but who do not have the right to receive insurance payments. To determine the amount of monthly insurance payments to each person entitled to receive them, the total amount of these payments is divided by the number of persons entitled to receive insurance payments in the event of the death of the insured.
9. The calculated and assigned monthly insurance payment is not subject to further recalculation, except for cases of a change in the degree of loss of professional ability to work, a change in the circle of persons entitled to receive insurance payments in the event of the death of the insured, as well as cases of indexation of the monthly insurance payment.
10. When appointing a monthly insurance payment, the amount of earnings, from which the amount of the monthly insurance payment is calculated, received for the period before the day of indexation of the size of monthly insurance payments in accordance with paragraph 11 of this article, shall be increased taking into account the corresponding coefficients established for indexing the size of the monthly insurance payment ... In this case, the coefficients applied to the amount of earnings are not applied to the assigned amount of the monthly insurance payment.
(as amended by Federal Law of 09.12.2010 N 350-FZ)
In connection with the increase in the cost of living and changes in the level of wages, the amount of earnings, from which the size of the monthly insurance payment is calculated, increases taking into account the following coefficients:
for 1971 and previous periods - 11.2; for 1972 - 10.9; for 1973 - 10.6; for 1974 - 10.3; for 1975 - 10.0; for 1976 - 9.7; for 1977 - 9.4; for 1978 - 9.1; for 1979 - 8.8; for 1980 - 8.5; for 1981 - 8.2; for 1982 - 7.9; for 1983 - 7.6; for 1984 - 7.3; for 1985 - 7.0; for 1986 - 6.7; for 1987 - 6.4; for 1988 - 6.1; for 1989 - 5.8; for 1990 - 5.5; for 1991 - 4.3.
(the paragraph was introduced by the Federal Law of 19.05.2010 N 90-FZ)
The amount of earnings, from which the amount of the monthly insurance payment is calculated, is additionally increased for the period up to January 1, 1991, taking into account the coefficient 6, from January 1, 1991 to December 31, 1991 - taking into account the coefficient 3.
(the paragraph was introduced by the Federal Law of 19.05.2010 N 90-FZ)
In connection with the increase in the cost of living and changes in the level of wages in calculating the amount of the monthly insurance payment, the amount of earnings received for the period from January 1, 1992 to January 31, 1993, increase taking into account the coefficient 3.
(the paragraph was introduced by the Federal Law of 19.05.2010 N 90-FZ)
The amount of earnings, from which the size of the monthly insurance payment is calculated, received for the period before May 1, 2002, increases in proportion to the increase in a centralized manner in the period up to May 1, 2002 inclusive minimum size wages.
(the paragraph was introduced by the Federal Law of 09.12.2010 N 350-FZ)
11. The size of the monthly insurance payment is indexed taking into account the level of inflation within the funds provided for this purpose in the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year.
The indexation coefficient and its frequency are determined by the Government of the Russian Federation.
12. The maximum amount of the monthly insurance payment is established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year.
When assigning insurance payments to the insured for several insured events, the restriction maximum size applies to the total amount of the insurance claim.
When appointing insurance payments to persons entitled to receive them in connection with the death of the insured, the limitation of the maximum amount is applied to the total amount of insurance payments assigned in connection with the death of the insured.
Article 13. Examination, re-examination of the insured by the institution of medical and social examination
1. The examination of the insured by the institution of medical and social expertise is carried out at the request of the insurer, the policyholder or the insured, or by the decision of the judge (court) when submitting an act on an industrial accident or an act on an occupational disease.
2. The re-examination of the insured by the institution of medical and social expertise shall be carried out within the terms established by this institution. Re-examination of the insured may be carried out ahead of schedule at the request of the insured or at the request of the insurer or policyholder. In case of disagreement of the insured, the insurer, the insured with the conclusion of the institution of medical and social examination, the said conclusion may be appealed by the insured, the insurer, the insured in court.
The evasion of the insured, without a valid reason, from re-examination within the terms established by the institution of medical and social examination entails the loss of the right to insurance coverage until he undergoes the specified re-examination.
Article 14. Taking into account the guilt of the insured when determining the amount of monthly insurance payments
1. If, during the investigation of the insured event by the commission for the investigation of the insured event, it is established that gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, the amount of monthly insurance payments is reduced according to the degree of guilt of the insured, but not more than 25 percent. The degree of guilt of the insured is established by the commission for investigation of the insured event as a percentage and is indicated in the statement of an industrial accident or in the statement of an occupational disease.
When determining the degree of guilt of the insured, the conclusion of the trade union committee or other authorized by the insured is considered representative body.
The amount of monthly insurance payments provided for by this Federal Law may not be reduced in the event of the death of the insured.
Upon the occurrence of insured events, confirmed in accordance with the established procedure, refusal to compensate for harm is not allowed.
2. Damage caused by the intent of the insured, confirmed by the conclusion of law enforcement agencies, shall not be reimbursed.
Article 15. Assignment and payment of insurance coverage
1. Assignment and payment of temporary disability benefits to the insured in connection with an industrial accident or occupational disease shall be made in accordance with the procedure established by the legislation of the Russian Federation for the appointment and payment of temporary disability benefits under state social insurance.
2. The day of applying for insurance coverage is the day when the insurer, his authorized representative or a person entitled to receive insurance payments, submits an application for insurance coverage to the insurer. When the said application is sent by mail, the date of its dispatch is considered the day of applying for insurance security.
The insured person, his authorized representative or a person entitled to receive insurance payments has the right to apply to the insurer with an application for insurance coverage, regardless of the period of limitation of the insured event.
3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of professional ability to work from the day from which the institution of medical and social examination established the fact of loss of professional ability to work by the insured, excluding the period for which the insured was granted temporary disability benefit specified in paragraph 1 of this article.
Persons who have the right to receive insurance payments in connection with the death of the insured, a one-time insurance payment and monthly insurance payments are assigned from the day of his death, but not earlier than acquiring the right to receive insurance payments.
Upon the occurrence of circumstances entailing a recalculation of the amount of insurance payment in accordance with Clause 9 of Article 12 of this Federal Law, such recalculation shall be made from the month following the month in which the indicated circumstances occurred.
Claims for the designation and payment of insurance coverage submitted after three years from the moment the right to receive these benefits arose shall be satisfied for the past time not more than three years preceding the application for insurance coverage. 4. Assignment of insurance coverage is carried out by the insurer on the basis of an application by the insured, his authorized representative or a person entitled to receive insurance payments, to receive insurance coverage, and provided by the policyholder (insured) following documents(their certified copies):
- a statement of an occupational accident or an occupational disease; certificates on the average monthly earnings of the insured for the period chosen by him for the calculation of monthly insurance payments in accordance with this Federal Law;
- conclusions of the institution of medical and social expertise on the degree of loss of professional working capacity of the insured;
- conclusions of the institution of medical and social expertise on the necessary types of social, medical and professional rehabilitation of the insured;
- a civil law contract providing for the payment of insurance premiums in favor of the insured, as well as a copy of the work book or other document confirming the victim's employment relationship with the policyholder;
- death certificate of the insured;
- certificates of the housing maintenance authority, and in its absence, a local government body on the composition of the family of the deceased insured;
- notifications from a medical institution about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);
- the conclusion of the center of occupational pathology on the presence of an occupational disease;
- a document confirming that one of the parents, spouse or other family member of the deceased who is caring for the children, grandchildren, brothers and sisters of the insured, who have not reached the age of 14 or have reached the specified age, but at the conclusion of the institution of medical and social expertise, or a medical and prophylactic institution recognized as needy for health reasons in outside care, does not work;
- a certificate from an educational institution stating that a family member of the deceased insured who is entitled to receive insurance payments is studying at this educational institution on a full-time basis; documents confirming the expenses for the implementation, upon the conclusion of the institution of medical and social expertise, of the social, medical and professional rehabilitation of the insured, provided for by subparagraph 3 of paragraph 1 of Article 8 of this Federal Law;
- the conclusion of the institution of medical and social expertise on the connection between the death of the victim and an industrial accident or occupational disease;
- a document confirming the fact of being dependent or establishing the right to receive maintenance;
- victim rehabilitation programs.
The list of documents (their certified copies) required for the appointment of insurance coverage is determined by the insurer for each insured event.
The decision on the appointment or refusal of the appointment of insurance payments is made by the insurer no later than 10 days (in case of death of the insured - no later than 2 days) from the date of receipt of the application for obtaining insurance coverage and all required documents(their certified copies) according to the list specified by him.
The delay by the insurer of making a decision on the appointment or refusal of the appointment of insurance payments in due time shall be considered as a refusal to appoint insurance payments. The application for obtaining insurance coverage and documents (their certified copies), on the basis of which the insurance coverage was assigned, are kept by the insurer.
5. Facts that have legal significance for the appointment of insurance coverage in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance coverage, as well as in case of disagreement of the interested person with the content of such documents, shall be established by the court.
6. In the event of the death of the insured, the lump-sum insurance payment shall be made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in clause 2 of Article 7 of this Federal Law who, on the day of the death of the insured, had the right to receive a lump-sum insurance payment.
7. Payment of insurance coverage to the insured, except for the payment of temporary disability benefits assigned in connection with the insured event, and payment of leave (in excess of the annual paid leave) for the entire period of treatment and travel to the place of treatment and back, which are made by the insured and are counted in the account of payment of insurance premiums is made by the insurer.
Lump-sum insurance payments are made within the time limits established by Clause 2 of Article 10 of this Federal Law.
Monthly insurance payments are made by the insurer no later than the expiration of the month for which they were charged.
8. In the event of a delay in insurance payments within the established timeframe, the insurance subject, which must make such payments, is obliged to pay the insured and persons entitled to receive insurance payments, a penalty in the amount of 0.5 percent of the unpaid amount of insurance payments for each day of delay.
Penalty interest resulting from the delay by the policyholder of insurance payments shall not be counted towards the payment of insurance premiums to the insurer.
9. If the insured delays in the payments of temporary disability benefits, assigned in connection with the insured event, for more than one calendar month specified payments at the request of the insured are made by the insurer.
Chapter III. RIGHTS AND OBLIGATIONS OF INSURANCE SUBJECTS
Article 16. Rights and obligations of the insured
1. The Insured has the right to:
1) provision for insurance in the manner and on the conditions established by this Federal Law;
2) participation in the investigation of an insured event, including with the participation of a trade union body or his authorized representative;
3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and the court;
4) protection of their rights and legal interests, including in court;
5) free training in safe methods and techniques of work without interruption from production, as well as with a separation from production in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;
6) an independent appeal to medical and prophylactic institutions of the state health care system and institutions of medical and social expertise on medical examination and re-examination;
7) appeal to trade union or other representative bodies authorized by the insured on matters of compulsory social insurance against industrial accidents and occupational diseases;
8) obtaining from the policyholder and the insurer free information about their rights and obligations under compulsory social insurance against industrial accidents and occupational diseases.
2. The Insured is obliged:
1) comply with labor protection rules and labor protection instructions;
2) notify the insurer of a change in his place of residence or place of work, as well as on the occurrence of circumstances entailing a change in the amount of insurance security received by him or the loss of the right to receive insurance security, within ten days from the date of occurrence of such circumstances;
3) comply with recommendations for medical, social and professional rehabilitation within the time limits established by the program for the rehabilitation of the victim as a result of an industrial accident and occupational disease, undergo medical examinations and re-examination within the terms established by the institutions of medical and social expertise, as well as on the direction of the insurer.
Article 17. Rights and obligations of the policyholder
1. The policyholder has the right:
1) participate in the establishment of premiums and discounts to the insurance rate;
2) require the participation of the executive authority for labor in checking the correctness of the establishment of allowances and discounts to the insurance tariff;
3) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.
2. The policyholder is obliged:
1) timely submit to the executive bodies of the insurer the documents required for registration as an insurer, in the cases provided for by paragraphs three, four and five of part one of Article 6 of this Federal Law, if such documents (information contained therein) are not at the disposal of the authorities, providing government services, bodies providing municipal services, other state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, or such documents are included in the specified Federal Law dated July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services" list of documents;
(as amended by Federal Laws of 23.12.2003 N 185-FZ, of 03.12.2011 N 383-FZ)
2) in accordance with the established procedure and within the time frame specified by the insurer, calculate and transfer insurance premiums to the insurer;
3) execute the decisions of the insurer on insurance payments;
4) ensure measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;
5) investigate insured events in accordance with the procedure established by the federal executive body authorized by the Government of the Russian Federation;
(as amended by Federal Law of 23.07.2008 N 160-FZ)
6) notify the insurer about it within 24 hours from the date of the insured event;
7) collect and submit, at its own expense, to the insurer, within the time frame established by the insurer, documents (their certified copies), which are the basis for calculating and paying insurance premiums, assigning insurance coverage, and other information necessary for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
8) send the insured person to the institution of medical and social examination for examination (re-examination) within the terms established by the institution of medical and social examination;
9) submit to the institutions of medical and social examination the conclusions of the body of the state examination of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;
10) provide the insured person in need of treatment for reasons related to the occurrence of the insured event, paid leave for sanatorium treatment (in excess of the annual paid leave established by the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back;
11) train the insured in safe methods and techniques of work on the job at the expense of the insured;
13) promptly inform the insurer about its reorganization or liquidation;
14) execute the decisions of the state labor inspectorate on the prevention of the occurrence of insured events and their investigation;
15) provide the insured with certified copies of documents that are the basis for insurance coverage;
16) explain to the insured their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;
17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of the documents he has, which are the basis for insurance provision, and submit to the insurer reports on the basis established by the federal executive body responsible for the development of state policy and regulatory legal regulation in the field of social insurance, form;
18) inform the insurer of all known circumstances that are important in determining by the insurer in accordance with the established procedure the premiums and discounts to the insurance rate, including information on the results of certification of workplaces for working conditions and the mandatory preliminary and periodic medical examinations of employees subject to the specified examinations.
Article 18. Rights and obligations of the insurer
1. The insurer has the right:
1) establish for policyholders in the manner determined by the Government of the Russian Federation, premiums and discounts to the insurance rate;
1.1) provide policyholders, on the basis of appropriate agreements, with a deferral (installment plan) of repayment of amounts of arrears on insurance premiums and other payments, taking into account their financial condition and subject to timely payment of the current amounts of insurance premiums to the insurer;
(Clause 1.1 was introduced by the Federal Law of 21.07.2007 N 192-FZ)
2) participate in the investigation of insured events, examination, re-examination of the insured in the institution of medical and social examination and determination of his need for social, medical and professional rehabilitation;
3) send the insured to the institution of medical and social examination for examination (re-examination);
4) check information about insured events in organizations of any organizational and legal form;
5) interact with the state labor inspectorate, executive bodies for labor, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on the issues of compulsory social insurance against industrial accidents and occupational diseases;
7) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.
2. The insurer is obliged:
1) register the policyholders in a timely manner;
2) collect insurance premiums;
3) timely carry out insurance provision in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance provision;
4) provide insurance for persons entitled to receive it and who have left for permanent residence outside the Russian Federation, in the manner determined by the Government of the Russian Federation;
6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
7) execute decisions of the state labor inspectorate on compulsory social insurance against industrial accidents and occupational diseases;
8) control the activities of the insured in fulfilling the obligations provided for by Articles 17 and 19 of this Federal Law;
9) explain to the insured and policyholders their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;
10) accumulate capitalized payments in case of liquidation of the policyholder;
11) exercise necessary measures providing financial sustainability the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves for the implementation of this type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year and planning period;
12) ensure the confidentiality of information obtained as a result of its activities about the policyholder, the insured and persons entitled to receive insurance payments;
13) send to the territorial funds of the obligatory health insurance information on the decision taken to pay the costs of treatment of the insured immediately after a severe industrial accident occurred at the expense of compulsory social insurance against industrial accidents and occupational diseases in the form and in the manner approved by the insurer in agreement with the Federal Compulsory Medical Insurance Fund;
(Clause 13 was introduced by the Federal Law of 29.11.2010 N 313-FZ)
14) is obliged to receive, using interdepartmental information interaction, documents (information contained in them) that are at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies in in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, if these documents are not submitted by the insured or the policyholder on their own initiative.
(Clause 14 was introduced by the Federal Law of 03.12.2011 N 383-FZ)
Article 18.1. Obligations of the bodies carrying out the registration of acts of civil status
The bodies carrying out the registration of acts of civil status are obliged at their location to inform the insurer about the facts of the state registration of the death of the insured within 10 days after the registration of these facts.
Article 19. Liability of insurance subjects
1. The insured is liable for non-fulfillment or improper fulfillment of the obligations imposed on him by this Federal Law of timely registration as an insured with the insurer, timely and full payment of insurance premiums, timely submission to the insurer established reporting, as well as for the timely and full payment of the insurance payments appointed by the insurer to the insured.
Violation of the term for registration as an insurant with an insurer established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of five thousand rubles.
Violation of the period of registration as an insured with an insurer for more than 90 days established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of 10 thousand rubles.
Carrying out by an individual who has entered into an employment contract with an employee, activities without registering as an insured with the insurer entails the collection of a fine in the amount of 10 percent of the taxable base for calculating insurance premiums, determined for the entire period of activity without registration with the insurer, but not less than 20 thousand rubles ...
Failure to pay or incomplete payment of insurance premiums as a result of understating the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other illegal actions (inaction) entails the collection of a fine in the amount of 20 percent of the amount of insurance premiums due, and deliberate commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.
Failure by the insured to submit the established reporting to the insurer within the time period established by this Federal Law in the absence of signs of an offense provided for in paragraph seven of this clause shall result in the collection of a fine in the amount of 5 percent of the amount of insurance premiums payable (additional payment) on the basis of this reporting, for each full or incomplete month from the day established for its submission, but not more than 30 percent of the indicated amount and not less than 100 rubles.
(as amended by the Federal Law of 24.07.2009 N 213-FZ)
Failure by the insured to submit the established reports to the insurer within more than 180 calendar days after the expiration of the deadline for submitting such reports established by this Federal Law entails the recovery of a fine in the amount of 30 percent of the amount of insurance premiums payable on the basis of these reports, and 10 percent of the amount of insurance premiums payable on the basis of of this reporting, for each full or incomplete month starting from the 181st calendar day, but not less than 1,000 rubles.
(the paragraph was introduced by the Federal Law of 24.07.2009 N 213-FZ)
Bringing the insured to responsibility is carried out by the insurer in a manner similar to the procedure established Tax Code Of the Russian Federation to be held liable for tax violations.
The amounts of the expenses incurred by the insured in violation of the requirements of legislative or other regulatory legal acts or not confirmed by documents in the prescribed manner for the payment of benefits for temporary disability in connection with an industrial accident and occupational disease, as well as for the payment of the insured's leave (in excess of the annual paid leave established the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back are not included in the payment of insurance premiums.
The policyholder is responsible for the accuracy of the information provided to the insurer necessary for the assignment of insurance coverage to the insured. In case of unreliability of the information specified by the policyholder, the excessively incurred expenses for insurance coverage are not counted towards the payment of insurance premiums.
Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.
2. The insurer is responsible for the implementation of compulsory social insurance against industrial accidents and occupational diseases, the correctness and timeliness of insurance coverage for the insured and persons entitled to receive insurance payments in accordance with this Federal Law.
3. The insured and the persons who have been granted the right to receive insurance payments are responsible in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information on the occurrence of circumstances entailing a change in insurance coverage, including a change in the amount of insurance payments or the termination of such payments.
In case of concealment or inaccuracy of the information specified by them, necessary to confirm the right to receive insurance coverage, the insured and the persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for unnecessary expenses incurred by him voluntarily or on the basis of a court decision.
Chapter IV. FUNDS FOR THE IMPLEMENTATION OF THE MANDATORY
SOCIAL ACCIDENT INSURANCE
IN PRODUCTION AND OCCUPATIONAL DISEASES
Article 20. Formation of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases
1. Funds for compulsory social insurance against industrial accidents and occupational diseases are formed at the expense of:
1) compulsory insurance premiums of policyholders;
2) levied fines and penalties;
3) capitalized payments received in the event of liquidation of the policyholders;
4) other receipts that do not contradict the legislation of the Russian Federation.
2. Funds for compulsory social insurance against industrial accidents and occupational diseases are reflected in the income and expenditure parts of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law, in separate lines. These funds are federal property and are not subject to seizure.
Article 20.1. Object of insurance premiums and base for calculating insurance premiums
1. The object of taxation with insurance premiums is recognized as payments and other remuneration paid by the policyholders in favor of the insured within the framework of labor relations and civil law contracts, if, in accordance with the civil law contract, the policyholder is obliged to pay insurance premiums to the insurer.
2. The base for calculating insurance premiums is determined as the amount of payments and other remuneration provided for by paragraph 1 of this article, accrued by the policyholders in favor of the insured, with the exception of the amounts specified in article 20.2 of this Federal Law.
3. When calculating the basis for calculating insurance premiums, payments and other remuneration in kind in the form of goods (works, services) are taken into account as the cost of these goods (works, services) on the day of their payment, calculated on the basis of their prices specified by the parties to the contract, and at government regulation prices (tariffs) for these goods (works, services) - based on state regulated retail prices. In this case, the cost of goods (works, services) includes the corresponding amount of value added tax, and for excisable goods and the corresponding amount of excise taxes.
Article 20.2. Amounts not subject to insurance premiums
(introduced by the Federal Law of 08.12.2010 N 348-FZ)
1. Are not subject to insurance premiums:
1) government benefits paid in accordance with the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of representative bodies of local self-government, including unemployment benefits, as well as benefits and other types of compulsory insurance coverage for compulsory social insurance;
2) all types of compensation payments established by the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of the representative bodies of local self-government (within the limits established in accordance with the legislation of the Russian Federation) related to:
- with compensation for harm caused by injury or other damage to health; with free provision of residential premises, payment for residential premises and utilities, food and food, fuel or appropriate monetary compensation;
- with the payment of the cost and (or) the issuance of the due in kind allowance, as well as with the payment of monetary funds in return for this allowance;
- with payment of the cost of food, sports equipment, equipment, sports and dress uniforms received by athletes and employees of physical culture and sports organizations for the educational and training process and participation in sporting events, as well as sports judges for participation in sports competitions;
- with the dismissal of employees, with the exception of compensation for unused vacation;
- with reimbursement of expenses for vocational training, retraining and advanced training of employees;
- with the expenses of an individual in connection with the performance of work, the provision of services under contracts of a civil nature;
- with the employment of employees dismissed in connection with the implementation of measures to reduce the number or staff, reorganization or liquidation of the organization, in connection with the termination of activities by individuals as individual entrepreneurs, the termination of powers by notaries in private practice, and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals, whose professional activities in accordance with federal laws are subject to state registration and (or) licensing;
- with the performance by an individual of labor duties, including in connection with moving to work in another locality, with the exception of:
- payments in monetary form for work with difficult, harmful and (or) dangerous working conditions, except for compensation payments in an amount equivalent to the cost of milk or other equivalent food products;
- payments in foreign currency in exchange for per diems made in accordance with the legislation of the Russian Federation by Russian shipping companies to crew members of foreign navigation vessels, as well as payments in foreign currency to the personnel of the crews of Russian aircraft performing international flights;
- compensation payments for unused vacation not related to the dismissal of employees;
3) the amount of one-time financial assistance provided by the insured:
- to individuals in connection with a natural disaster or other extraordinary circumstance in order to compensate for material damage caused to them or harm to their health, as well as individuals who have suffered from terrorist acts on the territory of the Russian Federation; an employee in connection with the death of a member (members) of his family;
- employees (parents, adoptive parents, guardians) at birth (adoption) of a child, paid during the first year after birth (adoption), but not more than 50,000 rubles for each child;
4) income (except for wages of employees) received by members of the duly registered family (tribal) communities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation from the sale of products obtained as a result of their traditional types of fishing;
5) the amount of insurance payments (contributions) for compulsory insurance of employees, carried out by the insured in the manner prescribed by the legislation of the Russian Federation, the amount of payments (contributions) of the insured under agreements of voluntary personal insurance of employees, concluded for a period of at least one year, providing for payment by insurers of medical expenses of these insured, the amount of payments (contributions) of the insured under contracts for the provision of medical services employees who are concluded for a period of at least one year with medical organizations holding the appropriate licenses to carry out medical activities, issued in accordance with the legislation of the Russian Federation, the amount of payments (contributions) of the insured under agreements of voluntary personal insurance of employees, concluded exclusively in the event of the death of the insured and (or) causing harm to the health of the insured, as well as the amount pension contributions the insured under contracts of non-state pension provision;
6) contributions paid in accordance with Federal Law of April 30, 2008 N 56-FZ "On additional insurance contributions for the funded part of labor pension and state support for the formation of pension savings", in the amount of contributions paid, but not more than 12,000 rubles per year per each insured person for whom the contributions were paid;
7) contributions paid in accordance with the legislation of the Russian Federation on additional social security certain categories of employees, in the amount of paid contributions;
8) the cost of travel of employees and their families to the place of vacation and back, paid by the insured to persons working and living in the Far North and equivalent areas, in accordance with the legislation of the Russian Federation, labor contracts and (or) collective agreements. In case of vacation by these persons outside the territory of the Russian Federation, the cost of travel or flight at rates calculated from the place of departure to the checkpoint across the State border of the Russian Federation, including the cost of carriage of baggage weighing up to 30 kilograms, is not subject to insurance premiums;
9) amounts paid to individuals by election commissions, referendum commissions, as well as from the election funds of candidates for the office of the President of the Russian Federation, candidates for deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation, candidates for office in another government agency of the constituent entity of the Russian Federation, provided for by the constitution, the charter of the constituent entity of the Russian Federation, directly elected by citizens, candidates for deputies of the representative body of the municipal formation, candidates for the position of the head of the municipal formation, for another position provided for by the charter of the municipal formation and replaced by direct elections, from the electoral funds of electoral associations, electoral funds of regional branches of political parties that are not electoral associations, from the funds of the referendum funds of the initiative group for a referendum of the Russian Federation, a referendum of a constituent entity of the Russian Federation, a local referendum, an initiative campaigning group for a referendum of the Russian Federation, other groups of participants in a referendum of a constituent entity of the Russian Federation, local a referendum for the performance by these persons of work directly related to the conduct of election campaigns, referendum campaigns;
10) the cost of uniforms and uniforms issued to employees in accordance with the legislation of the Russian Federation, as well as to civil servants of federal government bodies free of charge or with partial payment and remaining in their personal permanent use;
11) the cost of travel benefits provided by the legislation of the Russian Federation specific categories workers;
12) the amount of material assistance provided by employers to their employees, not exceeding 4,000 rubles per employee for the billing period;
13) the amount of tuition fees for basic and additional professional educational programs, including for professional training and retraining of employees;
14) amounts paid by employers to their employees to reimburse the costs of paying interest on loans (credits) for the purchase and (or) construction of residential premises.
2. When the insured pays for the costs of business trips of employees both within the territory of the Russian Federation and outside the territory of the Russian Federation, daily allowances, as well as actually made and documented target costs of travel to the destination and back, fees for services are not subject to insurance premiums airports, commission fees, travel expenses to the airport or train station at the places of departure, destination or transfer, luggage, expenses for renting accommodation, expenses for communication services, fees for issuing (receiving) and registering an official foreign passport, fees for the issuance (receipt) of visas, as well as the costs of exchanging cash in currency or a check in a bank for cash foreign currency... In case of failure to submit documents confirming the payment of expenses for renting a residential premises, the amounts of such expenses are exempted from insurance premiums within the limits established in accordance with the legislation of the Russian Federation. A similar insurance premium taxation procedure applies to payments made to individuals who are in the power (administrative) subordination of the organization, as well as to members of the board of directors or any similar body of a company arriving to attend a meeting of the board of directors, management board or other similar body of this company.
Article 21. Insurance rates
Insurance rates differentiated by occupational risk classes are established by federal law.
The draft of such a federal law for the next financial year and planning period is submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.
(as amended by Federal Law of 21.07.2007 N 192-FZ)
Article 22. Insurance premiums
1. Insurance premiums are paid by the policyholder based on the insurance rate, taking into account the discount or surcharge set by the insurer.
The amount of the specified discount or allowance is calculated based on the results of the work of the insured for three years and is set to the insured taking into account the state of labor protection (including the results of certification of workplaces for working conditions, mandatory preliminary and periodic medical examinations) and the cost of insurance coverage. The amount of the established discount or premium may not exceed 40 percent of the insurance rate set for the policyholder. In the event of an insured event with a fatal outcome, the discount is not established.
(as amended by Federal Law of 06.11.2011 N 300-FZ)
These discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue part of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law.
2. Insurance premiums, with the exception of premiums to insurance rates and fines, are paid regardless of other social insurance contributions and are included in the cost of goods produced (work performed, services rendered) or are included in the estimate of the costs of maintaining the policyholder.
The premiums to insurance rates and fines provided for in Articles 15 and 19 of this Federal Law are paid by the insured from the amount of profit at his disposal or from the estimate of expenses for the maintenance of the insured, and in the absence of profit, they are charged to the cost of goods produced (work performed, services rendered ).
3. Rules for classifying economic activities as a professional risk class, rules for establishing discounts and premiums to insurance rates for policyholders, including the procedure for submitting information on the results of certification of workplaces for working conditions and mandatory preliminary and periodic medical examinations, rules for calculating, accounting and spending funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases, the rules for financial support of preventive measures to reduce occupational injuries and occupational diseases of employees and sanatorium-resort treatment of employees engaged in work with harmful and (or) hazardous industrial factors are approved in accordance with the procedure , determined by the Government of the Russian Federation.
(Clause 3 as amended by Federal Law of 06.11.2011 N 300-FZ)
4. The amounts of insurance premiums are transferred by the insured who has entered into an employment contract with the employee, monthly within the period established for receiving (transferring) funds from banks (other credit institutions) to pay wages for the past month, and by the insured, who is obliged to pay insurance premiums on the basis of civil law contracts, within the period established by the insurer.
Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums. Collecting arrears and penalties
1. In the event that the policyholder pays insurance premiums later than the established deadlines, he shall pay penalties in accordance with the procedure and amounts established by this Article.
Penalty interest is charged for each calendar day of delay in payment of insurance premiums.
Penalties shall be charged in excess of the amounts of insurance premiums and other payments due to the insurer and regardless of the collection from the insured of the fines provided for by Clause 1 of Article 19 of this Federal Law.
2. Penalties are calculated from the day following the established day of payment of insurance premiums and up to and including the day of their payment (collection).
The day of payment of insurance premiums is the day the policyholder submits to the bank (other credit organization) a payment order for the transfer of insurance premiums if there is a sufficient cash balance on the policyholder's account, and when paying in cash - the day of depositing to the bank (other credit organization) or cash office of the local authority self-government or the organization of the federal postal service of the sum of money towards the payment of insurance premiums.
Insurance premiums are not considered paid if the policyholder withdraws or the bank (other credit institution) returns a payment order for the transfer of insurance premiums, as well as if at the time the policyholder submits a payment order for the transfer of insurance premiums, the policyholder has other unfulfilled requirements for the account, which, in accordance with the legislation of the Russian Federation, are executed as a matter of priority, but does not have sufficient funds on the account to meet all requirements.
3. The accrual of penalties is not made if the policyholder confirms that he could not pay off the arrears due to the suspension of operations on his bank accounts or the seizure of his property, as well as during the period of the deferral (installment plan) of repayment of the amount of arrears in insurance premiums and other payments provided in accordance with subparagraph 1.1 of paragraph 1 of article 18 of this Federal Law.
(as amended by Federal Law of 21.07.2007 N 192-FZ)
Arrears are recognized as the amount of insurance premiums not paid on time.
The interest rate of penalties is set at one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect at the time of the arrears.
When the specified refinancing rate is changed, the amount of penalties based on new rate refinancing is determined from the day following the day of its change.
5. Penalty interest is paid by the policyholder simultaneously with the payment of insurance premiums, and in case of insufficient funds from the policyholder after payment of insurance premiums in full. 6. Arrears and penalties may be collected by the insurer from the policyholder forcibly at the expense of the funds and other property of the policyholder.
The collection of arrears and penalties from the insured individual is carried out in a judicial proceeding.
The collection of arrears and penalties from the policyholder - a legal entity is carried out by the insurer on the basis of its decision to collect arrears and penalties in an indisputable manner at the expense of funds held on the accounts of the policyholder in the bank (other credit institutions), by sending collection order(orders) on the transfer of arrears and penalties to the bank (other credit organizations), where the accounts of the specified policyholder are opened.
The collection order (order) of the insurer on the transfer of arrears and penalties to the bank (other credit organizations) must contain an indication of those accounts of the insured from which the insurance contribution for compulsory social insurance against industrial accidents and occupational diseases must be transferred, and the amount, to be listed.
The collection of arrears and penalties can be made from the ruble settlement (current) and (or) foreign currency accounts of the policyholder, with the exception of loan, budget and deposit (if the term of the deposit agreement has not expired) accounts.
In case of insufficiency or absence of funds on the accounts of the insured - a legal entity or the absence of information about the accounts of the insured, the insurer has the right to collect arrears and penalties at the expense of other property of the insured - a legal entity by sending an appropriate resolution bailiff- performer.
Article 22.2. Obligations of banks (other credit institutions) related to accounting for policyholders, execution of instructions for transferring funds from compulsory social insurance against industrial accidents and occupational diseases, and responsibility for their failure
1 - 2. Abolished. - Federal Law of 23.12.2003 N 185-FZ.
3. The deadline for the execution by banks (other credit institutions) of the instruction of the insured to transfer insurance premiums to the insurer or collection order (order) of the insurer to collect insurance premiums from the insured - a legal entity is one business day from the day following the day of receipt of such an order.
If banks (other credit organizations) violate the deadline for the execution of the instruction of the insured to transfer insurance premiums to the insurer, as well as if banks (other credit institutions) fail to fulfill the collection order (order) of the insurer to collect insurance premiums from the insured - a legal entity if there are sufficient funds on the account of the specified the insurer, the insurer collects a penalty from banks (other credit institutions) in the amount of one hundred and fiftyth the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent for each day of delay.
4. The collection of penalties from banks (other credit organizations) is carried out by the insurer in a manner similar to the procedure for collecting penalties from policyholders - legal entities.
5. Bringing to administrative responsibility for violations of the requirements of this Federal Law shall be carried out in accordance with the Code of the Russian Federation on Administrative Offenses.
Article 23. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases during the reorganization or liquidation of the insured - a legal entity
1. In the event of reorganization of the insured - a legal entity, its obligations established by this Federal Law, including the obligation to pay insurance premiums, shall be transferred to its legal successor.
2. In the event of liquidation of the insured - a legal entity, he is obliged to make capitalized payments to the insurer in the manner determined by the Government of the Russian Federation. The liquidation commission may include a representative of the insurer.
Article 24. Accounting and reporting on compulsory social insurance against industrial accidents and occupational diseases
1. The insured in accordance with the established procedure keep records of cases of industrial injuries and occupational diseases of the insured and related insurance coverage, maintain state quarterly statistical and accounting reports.
The insured quarterly, no later than the 15th day of the month following the expired quarter, submit, in the prescribed manner, to the insurer at the place of their registration, reports in the form established by the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance.
(the paragraph was introduced by the Federal Law of 22.04.2003 N 47-FZ, as amended by the Federal Law of 24.07.2009 N 213-FZ)
2. State quarterly statistical reporting of policyholders on occupational injuries, occupational diseases and related material costs submitted in the manner established by the Government of the Russian Federation.
3. The policyholder and his officials shall bear the responsibility established by the legislation of the Russian Federation for failure to submit or inaccurate statistical as well as accounting statements.
Article 25. Accounting and reporting of the insurer
Funds for compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law shall be credited to a single centralized account of the insurer in the institutions of the Central Bank of the Russian Federation and spent for the purposes of this type of social insurance.
Operations on a single centralized account of the insurer are carried out in accordance with the rules of the Central Bank of the Russian Federation. Credit organizations accept insurance premiums from policyholders without charging a commission for these operations.
Article 26. Control over the implementation of compulsory social insurance against industrial accidents and occupational diseases
1. State control over the observance of the rights of insurance subjects and the fulfillment of their duties by them shall be carried out in the manner determined by the legislation of the Russian Federation.
State control over the financial and economic activities of the insurer and the implementation of compulsory social insurance against industrial accidents and occupational diseases is carried out by the Accounts Chamber of the Russian Federation, and in terms of the use of allocations from the federal budget - also by the federal executive body in the field of finance.
2. At least once a year, the insurer ensures the implementation of an audit of its financial and economic activities by a specialized audit organization licensed.
3. Public control over the observance of the legal rights and interests of the insured in accordance with this Federal Law is carried out by trade unions or other representative bodies authorized by the insured.
Chapter V. FINAL AND TRANSITIONAL PROVISIONS
Article 27. Entry into force of this Federal Law
1. This Federal Law shall enter into force simultaneously with the entry into force of the provisions of the Federal Law establishing insurance rates required to generate funds for compulsory social insurance against industrial accidents and occupational diseases.
2. From the day of the official publication of this Federal Law, the insurer shall pre-register the policyholders, register the persons who should be granted the right to receive insurance coverage, transfer to the insurer, in the form established by it, information about these persons by the policyholders and insurance organizations, and also carry out organizational work on preparation of the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law.
Article 28. Transitional Provisions
1. Persons who, prior to the entry into force of this Federal Law, received an injury, occupational disease or other damage to health associated with the performance of their work duties and confirmed in accordance with the established procedure, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, provision for insurance is carried out by the insurer in accordance with this Federal Law, regardless of the timing of injury, occupational disease or other damage to health. The insurance coverage established for these persons upon entry into force of this Federal Law cannot be lower than the compensation established earlier in accordance with the legislation of the Russian Federation for damage caused by injury, occupational disease or other health damage associated with the performance of labor duties.
The examination of the professional ability to work in the institutions of medical and social examination of persons who, before the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health associated with the performance of these persons' work duties, shall be carried out within the time limits established before the entry into force of this Federal Law. The examination of professional working capacity can be carried out earlier than the specified timeframe at the request of the insured.
2. Registration of policyholders by the insurer shall be carried out within 10 days after the entry into force of this Federal Law.
3. The insurer shall not be liable for the elimination of debts resulting from the failure of employers or insurance organizations to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health injuries, and to pay a penalty for delaying the liquidation of these debts, if such debts arose before the entry by virtue of this Federal Law. Employers and insurance organizations retain the obligation to eliminate these debts and pay a penalty in the amount of 1 percent of the unpaid amount of compensation for the above harm for each day of delay until the date this Federal Law enters into force. Penalty for the delay in liquidation of debts that have arisen after the entry into force of this Federal Law shall be paid in the amount of 0.5 percent of the unpaid amount of compensation for the above harm for each day of delay.
4. Payments capitalized in connection with the liquidation of legal entities responsible for payment to victims of compensation for harm caused by injury, occupational disease or other damage to health related to the performance of labor duties, made in insurance organizations prior to the entry into force of this Federal Law, shall be transferred to the insurer within one month from the date of entry into force of this Federal Law in the amount of the balances of these amounts as of the date of its entry into force. In this case, the insurer is given documents confirming the right of the victims (including those entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm.
5. The persons specified in clause 1 of this article shall be provided with insurance coverage in accordance with this Federal Law in full, regardless of whether the capitalization of payments was made in the liquidation of legal entities responsible for the payment of compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties.
Article 29. Recognition as invalid of certain legislative acts of the Russian Federation
To declare invalid from the date of entry into force of this Federal Law: Resolution of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 "On approval of the Rules for compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the execution of labor duties "(Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 2, Art. 71), with the exception of paragraphs one and two of clause 2;
The provisions of Article 29 in terms of recognizing as invalid the Rules of compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their work duties, according to its constitutional and legal meaning, identified by the Constitutional Court of the Russian Federation, does not prevent payment for the past time without limiting by any time the amounts of compensation for harm not received in a timely manner by persons affected by industrial accidents and occupational diseases, through the fault of the employer (Definition of the Constitutional Court of the Russian Federation of 01.12.2005 N 461-О).
Rules for compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by Resolution of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation Federation, 1993, N 2, Art. 71);
article 1 of the Federal Law "On Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers of Harm Caused to Employees by Injury, Occupational Disease or Other Health Damage Related to the Performance of Their Labor Duties" (Collected Legislation of the Russian Federation, 1995, No. 48, Art. . 4562).
Article 30. On amendments and additions to some legislative acts of the Russian Federation
1. Abolished. - Labor Code of the Russian Federation of December 30, 2001 N 197-FZ.
2. Abolished. - Federal Law of 17.07.1999 N 181-FZ.
3. Abolished. - Federal Law of August 22, 2004 N 122-FZ.
4. Introduce the following addition to the Criminal Executive Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 2, Art. 198): add the words "and monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases ".
Article 31. Bringing normative legal acts in accordance with this Federal Law
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law. Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.
The president
Russian Federation
B. YELTSIN