125 federal law accident. On compulsory social insurance against accidents at work and occupational diseases
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 02.03.2016 No. 43-FZ, dated 05.23.2016 No. 149-FZ, dated 06.18.2017 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 organization of storage, acquisition, accounting and use of documents of the Archival Fund Russian Federation and other archival documents, regardless of their form of ownership, as well as relations in the field of archival management 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 archives 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 their powers, may adopt municipal legal acts regulating relations in the field of archiving in the Russian Federation.
3. If an international treaty of the Russian Federation establishes other rules 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 shall apply:
1) archiving in the Russian Federation (hereinafter also referred to as archival business) - the activities of state bodies, local governments, organizations and citizens in the field of organizing the storage, acquisition, accounting and use of documents of the Archival Fund of the Russian Federation and other archival documents;
2) archival document - material carrier with information recorded on it, which has details that allow it to be identified, and is subject to storage due to the significance of the indicated carrier and information for citizens, society and the state;
3) personnel documents - archival documents reflecting the labor relations of an employee with an employer;
4) a document of the Archival Fund of the Russian Federation - an archival document that has passed an 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 respect of which a special regime for accounting, storage and use has been established;
6) a unique document - a particularly valuable document that has no analogues in terms of the information contained in it and (or) its external features, irreplaceable in case of loss in terms of its meaning and (or) autographic character;
7) archival fund - a set of archival documents, historically or logically related to each other;
8) Archival Fund of the Russian Federation - a historically established and constantly growing collection 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 that stores, collects, records and uses 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 carry out acquisition, accounting, storage 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 of May 8, 2010)
11) municipal archive - a structural subdivision of a local self-government body or a municipal institution created by a municipal entity that stores, collects, records and uses documents of the Archival Fund of the Russian Federation, as well as other archival documents;
(as amended by Federal Laws No. 83-FZ of May 8, 2010, No. 357-FZ of November 28, 2015)
12) permanent storage of documents of the Archival Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation without a fixed term (termless);
13) temporary storage of archival documents - storage of archival documents until their destruction within the time limits established by regulatory legal acts;
14) temporary storage of documents of the Archival Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation until they are transferred for permanent storage in the manner established by Article 21 of this Federal Law;
15) depository storage of documents of the Archival 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 limits and on the terms determined by the relevant agreements between them and the authorized federal body executive power in the field of archiving and office work;
(Clause 15 as amended by Federal Law No. 127-FZ dated June 18, 2017)
16) examination of the value of documents - the study of documents based on the criteria for their value in order to determine the terms of storage of documents and select them for inclusion in the Archival Fund of the Russian Federation;
17) streamlining archival documents - a set of works on the formation of archival documents into storage units (files), description and execution 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 dated June 18, 2017)
18) the owner of archival documents - a state body, a local government body or a legal or natural person that owns and uses archival documents and exercises the authority to dispose of them within the limits established by law or an agreement;
19) user of archival documents - a state body, a local government body or a legal or natural person applying for legal grounds to archival documents to obtain and use the necessary information.
Article 4
1. The powers of the Russian Federation in the field of archiving include:
1) development and implementation of a unified public policy in the field of archiving;
2) the establishment of uniform rules for organizing the storage, acquisition, accounting and use of documents of 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 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, Central Bank Russian Federation (Bank of Russia);
(As amended by Federal Laws No. 318-FZ dated December 1, 2007, No. 10-FZ dated February 11, 2013)
c) state off-budget funds;
G) has lost its power. - Federal Law No. 149-FZ dated May 23, 2016;
e) federal state unitary enterprises, including state-owned enterprises, and federal state institutions (hereinafter referred to as federal organizations), including those located outside the Russian Federation;
e) public corporations, state-owned companies;
(Item “e” was introduced by Federal Law No. 10-FZ of February 11, 2013)
4) resolving issues on the transfer of archival documents that are in federal ownership to the ownership of the subjects 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 the subject of the Russian Federation in the field of archiving include;
1) carrying out the state policy in the field of archiving in the territory of the subject of the Russian Federation;
2) storage, acquisition, accounting and use of archival documents and archival funds:
a) state archives of the subject of the Russian Federation, museums, libraries of the subject of the Russian Federation;
b) state authorities and other state bodies of the subject 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. To the powers municipality archiving includes:
1) storage, acquisition (formation), accounting and use of archival documents and archival funds:
a) local governments, municipal archives, museums, libraries;
b) municipal unitary enterprises, including state-owned enterprises, and municipal institutions(hereinafter - municipal organizations);
2) resolving issues on the transfer of archival documents that are in municipal property, in the ownership of the Russian Federation, subjects of the Russian Federation, other municipalities.
4. Local self-government bodies of settlements, municipal districts, urban districts and intra-city districts carry out activities in the field of archiving in accordance with the authority to resolve issues local importance, established by the Federal Law of October 6, 2003 No. 131-FZ "On general principles organizations of local self-government in the Russian Federation”.
5. By law, a local self-government body of a municipal district, city district may be vested with separate state powers for the storage, acquisition, accounting and use of archival documents belonging to state property and located on the territory of the municipality, with the transfer of the material, technical and financial powers necessary for the exercise of these powers. funds.
Chapter 2. ARCHIVAL FUND OF THE RUSSIAN FEDERATION
Article 5
The Archival 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 scientific research , development and technological works, 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 of state organizations located in foreign countries .
Article 6
1. Archival documents are included in the Archival Fund of the Russian Federation on the basis of an examination of the value of documents.
2. The solution of scientific and methodological issues related to the examination of the value of documents and their inclusion in the Archival Fund of the Russian Federation, as well as the definition of special valuable documents, including unique documents, is carried out by the central expert and verification commission of the authorized federal executive body in the field of archiving and office work.
(as amended by Federal Law No. 127-FZ dated June 18, 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 periods and instructions for using these lists.
(Part 3 as amended by Federal Law No. 127-FZ dated June 18, 2017)
4. The decision on the inclusion of specific documents in the Archival Fund of the Russian Federation is carried out by the expert and verification commissions of federal state archives and authorized executive bodies of the constituent entities of the Russian Federation in the field of archiving within their competence.
4.1. The decision to include archival documents in the Archival 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 and verification commissions of scientific organizations, including state academies of sciences, included in the list of scientific organizations that carry out permanent storage of documents of the Archival Fund of the Russian Federation, approved by the Government of the Russian Federation (hereinafter - scientific organizations included in the list, which is approved by the Government of the Russian Federation).
(Part 4.1 was introduced by Federal Law No. 149-FZ of May 23, 2016)
5. Examination of the value of documents is carried out by the authorized executive body of the subject 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 is subject to all documents on media of any kind that are in federal ownership, the property of a constituent entity of the Russian Federation or municipal property. Destruction of documents is prohibited until the examination of the value of documents is carried out in accordance with the established procedure.
7. Inclusion of documents in private property, to the Archival Fund of the Russian Federation is carried out on the basis of an examination of the value of documents and is drawn up by an agreement between the owner or owner of archival documents and the state or municipal archive (local government), museum, library or scientific organization included in the list, which is approved by the Government of the Russian Federation. IN this agreement the obligations of the owner or owner of archival documents for the storage, accounting and use of documents of the Archival Fund of the Russian Federation are indicated.
(As amended by Federal Laws No. 357-FZ dated November 28, 2015, No. 149-FZ dated May 23, 2016)
Article 7. Archival documents relating 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 to ownership);
2) state bodies and organizations specified in subparagraphs "b", "c", "e" and "e" of paragraph 3 of part 1 of Article 4 of this Federal Law;
(as amended by Federal Laws No. 10-FZ dated February 11, 2013, No. 149-FZ dated May 23, 2016)
3) former enemy states moved 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 the subject of the Russian Federation includes archival documents:
1) stored in the state archives of a constituent entity of the Russian Federation, museums and libraries of a 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 to ownership);
2) state bodies and organizations of the subject of the Russian Federation;
3) transferred to the ownership of the subjects 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 relating to municipal property
1. Municipal property includes archival documents:
1) local governments 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 to ownership).
2. The delimitation of property between municipalities, a municipality and a subject of the Russian Federation for archival documents created before the formation, merger, division or change in the status of municipalities and stored in municipal archives is carried out in accordance with the legislation of the subject of the Russian Federation.
Article 9. Archival documents relating to private property
Private property includes archival documents:
1) organizations operating on 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 church and state (hereinafter referred to as non-state organizations);
2) created by citizens or legally acquired by them.
Article 10 Features legal status archival documents owned by the Russian Federation, subjects of the Russian Federation or municipalities
1. The transfer of archival documents that are in federal ownership 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 office work.
(as amended by Federal Law No. 127-FZ dated June 18, 2017)
2. The 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 the constituent entity of the Russian Federation, municipal legal acts.
3. Archival documents that are in state or municipal ownership are not subject to privatization, cannot be the object of sale, exchange, donation, as well as other transactions that could 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 subject of the Russian Federation and municipal property.
Article 11 Features civil circulation documents of the Archival Fund of the Russian Federation, which are in private ownership
1. Documents of the Archival Fund of the Russian Federation that are in private ownership may be alienated or transferred from one person to another in the order of universal succession or in any other way. At the same time, the assignee, within thirty days from the date of alienation or transfer of rights, is obliged to notify the appropriate state, municipal archive, museum, library, scientific organization included in the list, which is approved by the Government of the Russian Federation, with which the former owner entered into an agreement about the transfer of the owner's rights to him.
(as amended by Federal Laws No. 149-FZ dated May 23, 2016, No. 127-FZ dated June 18, 2017)
2. Upon transfer of the owner's rights to documents of the Archival Fund of the Russian Federation, which are in private ownership, to another person, this person shall transfer the obligations specified in the agreement provided for by Part 7 of Article 6 of this Federal Law.
3. If the owner of especially valuable documents and state-protected documents does not fulfill his obligations to store, record and use these documents, which may lead to the loss of their significance, such documents may be seized from the owner by a court decision in accordance with Article 240 Civil Code Russian Federation.
4. In the event of an auction for the sale of archival documents that are in private ownership, the organizers of the auction are obliged, no later than 30 days before the day of their holding, to inform in writing about the place, time and conditions for the sale of archival documents to the authorized federal executive body in the field of archiving and office work and the relevant authorized executive body of the subject 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 authorized federal executive body in the field of archiving and office work and the corresponding authorized executive body of the constituent entity of the Russian Federation in the field of archiving of the right to demand in judicial order in accordance with the civil law of the transfer to them of the rights and obligations of the buyer.
(Part 4 as amended by Federal Law No. 127-FZ dated June 18, 2017)
5. Features of the civil circulation of documents of the Archival Fund of the Russian Federation, owned by the historical heritage centers 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 the right of ownership to archival documents
1. The right of ownership to archival documents, regardless of their form of ownership, is protected by law. Seizure of archival documents not provided for by federal laws is prohibited.
2. Archival documents that are in illegal possession are subject to transfer to the owners or legal owners in accordance with the international treaty of the Russian Federation and the legislation of the Russian Federation.
Chapter 3. MANAGEMENT OF ARCHIVES IN THE RUSSIAN FEDERATION
Article 13. Creation of archives
1. State bodies, local self-government bodies of a municipal district, city district and intracity 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 November 28, 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
1. The state acts as a guarantor of the rights provided for by this Federal Law, ensures the development of archives in the Russian Federation on the basis of the appropriate scientific, technical and financial, including tax and credit, policies.
2. Public administration archiving in the Russian Federation is carried out by the federal government bodies, including the authorized federal executive body in the field of archiving and office work.
(as amended by Federal Law No. 127-FZ dated June 18, 2017)
3. State management of archives in the constituent entities of the Russian Federation is carried out by state authorities of the constituent entities of the Russian Federation, including authorized executive authorities of the constituent entities of the Russian Federation in the field of archiving.
4. Management of archives in municipalities is carried out by local governments.
5. State bodies, local governments, organizations and citizens, in order to ensure uniform principles for organizing the storage, acquisition, accounting and use of archival documents, are guided in their work with archival documents by the legislation of the Russian Federation (including the rules established by the authorized federal executive body in the field of archives 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 dated June 18, 2017)
Article 15
1. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activities without forming a legal entity are obliged to provide financial, logistical and other conditions necessary for the acquisition, storage, accounting and use of archival documents, provide 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 archive workers.
2. The state body, local self-government body that decides on the reconstruction, transfer or demolition of the building in which the state or municipal archive is located, are obliged to provide this archive with a building that meets the regulatory requirements for the storage of archival documents.
3. State and municipal (with the exception of structural divisions bodies of local self-government) archives have the right to carry out income-generating activities insofar as it is provided for by their constituent documents, serves and corresponds to the achievement of the goals for which they were created, and also cover their expenses from other revenues permitted by the legislation of the Russian Federation.
Article 16
Control over compliance with the legislation on archiving in the Russian Federation is carried out by federal government bodies, including the authorized federal executive body in the field of archiving and office work, government 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 its 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 dated June 18, 2017)
Chapter 4. STORAGE AND ACCOUNTING OF ARCHIVAL DOCUMENTS
Article 17
1. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activities without forming a legal entity are obliged to ensure the safety of archival documents, including documents on personnel, during the periods of their storage established by federal laws, other regulatory legal acts of the Russian Federation Federation, as well as the 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 dated June 18, 2017)
2. Destruction of documents of the Archival Fund of the Russian Federation is prohibited.
3. With regard to especially valuable documents, including unique documents, a special regime for 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 accounting for such documents, creating and storing their insurance copies are determined by the authorized federal executive body in the field of archiving and office work.
(as amended by Federal Law No. 127-FZ dated June 18, 2017)
Article 18
1. Documents of the Archival Fund of the Russian Federation, which are in state ownership, 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 May 23, 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 event that the local self-government body of the municipal district or urban district is vested with separate state powers to store, complete, record and use 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, is 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 for the depositary storage of documents of the Archival Fund of the Russian Federation and the use of these documents are established in agreements concluded by federal executive bodies and organizations with the authorized federal executive body in the field of archiving and office work.
(Part 2 as amended by Federal Law No. 127-FZ dated June 18, 2017)
3. 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, may be stored by their owners or owners independently or may be transferred under an agreement for storage to a state or municipal archive, 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 May 23, 2016)
5. Documents of the Archival Fund of the Russian Federation, owned by the historical heritage centers 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 May 13, 2008)
Article 19
1. Documents of the Archival Fund of the Russian Federation, regardless of the place of their storage, are subject to state accounting. Order state accounting documents of the Archival Fund of the Russian Federation is determined by the authorized federal executive body in the field of archiving 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 office work.
2. Documents of the Archival Fund of the Russian Federation are not included in the property of organizations that store them.
(Part 2 as amended by Federal Law No. 149-FZ dated May 23, 2016)
Chapter 5. COMPLETING ARCHIVES WITH ARCHIVAL DOCUMENTS
Article 20
1. State bodies, local self-government bodies, organizations and citizens, in the course of whose activities the documents of the Archival Fund of the Russian Federation and other archival documents that are to be accepted for storage in state and municipal archives, are formed, act as sources of acquisition of state and municipal archives with archival documents.
2. State and municipal archives draw up 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
1. Documents of the Archival Fund of the Russian Federation, which are state or municipal property, after the expiration of their temporary storage in state bodies, local government bodies or state and municipal organizations, are transferred for permanent storage to the relevant 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 government bodies and federal organizations, other state bodies of the Russian Federation located on the territory of a constituent entity of the Russian Federation may be transferred to the state archives of a constituent entity of the Russian Federation on the basis of an agreement between the body or organization transferring the said documents and the authorized executive body of the constituent entity of the Russian Federation in the field of archiving.
3. Documents of the Archival Fund of the Russian Federation, which are in private ownership, go to 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 May 23, 2016)
4. State bodies, local self-government bodies, state and municipal organizations are prohibited from transferring the documents of the Archival 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-state organizations.
(as amended by Federal Law No. 149-FZ dated May 23, 2016)
5. The transfer for permanent storage to the state and municipal archives of a mandatory free copy of documents is carried out in the manner established by the legislation of the Russian Federation on the mandatory copy of documents.
Article 21.1. Establishment and calculation of the terms of storage of archival documents
(introduced by Federal Law No. 127-FZ dated June 18, 2017)
1. The terms of storage of archival documents are established by federal laws, other regulatory legal acts of the Russian Federation, as well as the 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 terms of storage of archival documents, regardless of their place of storage, are calculated from January 1 of the year following the year in which they were completed by office work (in the meaning provided for by paragraph 17 of Article 3 of this Federal Law).
Article 22
The following periods of temporary storage of documents of the Archival Fund of the Russian Federation are established until they are received by state and municipal archives:
1) for the documents of federal state authorities, other state bodies of the Russian Federation (including 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 off-budget funds, state corporations, state companies and federal organizations included in the established procedure in the Archival Fund of the Russian Federation - 15 years;
(as amended by Federal Law No. 10-FZ dated February 11, 2013)
2) 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 Archival Fund of the Russian Federation in accordance with the established procedure - 10 years;
3) for documents of local self-government bodies and municipal organizations included in the established procedure in the Archival Fund of the Russian Federation - 5 years;
4) for certain types of archival documents included in the established procedure in the Archival Fund of the Russian Federation:
a) civil status records - 100 years;
b) records of notarial acts, household books and those related to privatization housing stock documents - 75 years;
(as amended by Federal Law No. 43-FZ dated March 2, 2016)
in) 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 audio documents - 3 years.
Article 22.1. Terms of storage of documents on personnel
(as amended by Federal Law No. 127-FZ dated June 18, 2017)
1. Documents on personnel, completed by office work before January 1, 2003, are stored for 75 years.
2. Documents on personnel, 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, documents on personnel, formed in the course of the activities of sources for completing state and municipal archives with archival documents, are subject to examination of the value of documents.
4. The provisions provided for by parts 1 and 2 of this article do not apply to personnel documents for which a different storage period is established by the current lists of archival documents with an indication of their storage periods.
5. Documents on personnel, formed in connection with the passage of citizens public service, which is not a public civil service, are stored in state bodies in which citizens performed public service, which is not a public civil service, for 75 years after the termination of public service with an examination of the value of documents after the expiration of the specified storage period.
Article 23
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 course of activities of organizations subordinate to them, indicating the periods 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 dated June 18, 2017)
1.1. The authorized federal executive body in the field of archives and office work, together with the Central Bank of the Russian Federation (Bank of Russia), approves the list of documents generated in the course of the activities of credit institutions, indicating the periods of their storage and approves instructions for its use.
(Part 1.1 as amended by Federal Law No. 127-FZ of June 18, 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 office work, the selection, preparation and transfer in an orderly manner 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, is carried out at the expense of the bodies and organizations transferring documents.
(as amended by Federal Law No. 127-FZ dated June 18, 2017)
3. Non-governmental organizations ensure the selection and transfer in an orderly manner to 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 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 subject of the Russian Federation in the manner established by the executive authority of the subject of the Russian Federation, and the budget of the municipality in the manner established by the local government.
4. When state bodies are reorganized, archival documents in an orderly 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 orderly state are transferred to the newly formed local self-government bodies.
6. During the reorganization of state and municipal organizations, archival documents in an orderly state are transferred to the legal successors of the reorganized organizations. At the same time, in the event of the transformation of state and municipal organizations with a change in the form of ownership of the property of these organizations, archival documents may be transferred for temporary storage to newly established successor organizations on the basis of agreements between these organizations and the relevant state or municipal archives.
7. When state and municipal organizations are reorganized by splitting or separating one or more organizations from their composition, the conditions and place for further storage of archival documents are determined by the founders of these organizations or bodies authorized to do so by constituent documents, in agreement with the authorized federal executive body in the field of archival affairs and paperwork or by the relevant authorized executive bodies of the constituent entities of the Russian Federation in the field of archiving.
(as amended by Federal Law No. 127-FZ dated June 18, 2017)
8. In the event of the liquidation of state bodies, local self-government bodies, state and municipal organizations, documents 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, shall be deposited in an orderly manner in the appropriate state or municipal archives.
9. When reorganizing non-governmental organizations, the conditions and place for further storage of archival documents are determined by the founders of these organizations or bodies authorized to do so by the constituent documents.
10. Upon liquidation of non-state 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 whose temporary storage periods have not expired, are transferred by the liquidation commission (liquidator) or bankruptcy trustee in an orderly manner for storage in the appropriate state or municipal archive on the basis of an agreement between the liquidation commission (liquidator) or bankruptcy trustee and the state or municipal archive. In this case, the liquidation commission (liquidator) or the bankruptcy trustee organizes the ordering of 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:
1) by providing the user of archival documents with reference and search tools and information about these tools, including in the form of an electronic document;
2) by providing originals and (or) copies of the documents he needs, including in the form electronic documents;
3) by using information and telecommunication networks common use, including the Internet, with the possibility of copying them.
(Part 1.1 was introduced by Federal Law No. 227-FZ of July 27, 2010)
2. The conditions for access to archival documents that are in private ownership, with the exception of archival documents, access to which is regulated by the legislation of the Russian Federation, are established by the owner or possessor of archival documents.
Article 25. Restriction on access to archival documents
1. Access to archival documents may be restricted 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 possessor of privately owned archival documents.
2. Access is limited to archival documents, regardless of their form 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 the manner established by the authorized federal executive body in the field of archiving and office work, who are in poor physical condition. The abolition 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 dated June 18, 2017)
3. 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 that poses a threat to his security, is established for a period of 75 years from the date of creation of these documents. With the written permission of a 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 that poses a threat to his security, may be canceled earlier than after 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 purposes 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 of archival documents with the conditions necessary for searching and studying archival documents.
(as amended by Federal Law No. 149-FZ dated May 23, 2016)
3. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activities without forming a legal entity, if they have the relevant archival documents, are obliged to provide the user of archival documents with archival certificates or copies of archival documents related to the social protection of citizens, drawn up in the prescribed manner, free of charge providing for them pension provision, as well as receiving benefits and compensations in accordance with the legislation of the Russian Federation. Requests and appeals of users 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 of July 27, 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 the available of archival documents and reference and search tools to provide paid information services to the user of archival documents, to conclude agreements with him on the use of archival documents and reference and search tools.
(as amended by Federal Law No. 149-FZ dated May 23, 2016)
5. The procedure for using archival documents in state and municipal archives, including restrictions on the volume, terms, used technical means of copying, issuing and copying archival documents on a reimbursable or non-reimbursable basis, is established by the authorized federal executive body in the field of archiving and office work. The procedure for using archival documents in state bodies, local governments, 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 dated June 18, 2017)
6. The use of archival documents that are subject to the laws of the Russian Federation on intellectual property is subject to 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 governments, state and municipal organizations provide government bodies and local governments, necessary for the exercise of their powers, 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 No. 227-FZ dated July 27, 2010, No. 149-FZ dated May 23, 2016)
8. Archival documents seized as material evidence in accordance with the legislation of the Russian Federation shall be returned to the owner or possessor of archival documents.
Chapter 7. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION
ABOUT ARCHIVAL IN THE RUSSIAN FEDERATION
Article 27
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 archives
State bodies, local governments, 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 archiving, participate in the work international organizations, meetings and conferences on issues of archiving, in international information exchange.
Article 29. Export and import of archival documents
1. The 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 that are in private ownership may be exported outside the Russian Federation. The specified archival documents declared for export are subject to examination of the value of 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, is carried out in accordance with the legislation of the Russian Federation.
4. The export from the Russian Federation of archival documents not related to federal property transferred to the USSR as a result of the Second World War and located on the territory of the Russian Federation 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
Export outside the Russian Federation and import into the Russian Federation of 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 the 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 on January 1, 2006 and until that date shall apply exclusively to legal relations arising in connection with a change in boundaries or the transformation of municipalities.
4. The provisions of Part 7 of Article 6, Part 1 of Article 13, Clause 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 shall apply exclusively until this date. to legal relations arising in connection with a change in boundaries or the transformation of municipalities.
Article 32
From the date of entry into force of this Federal Law, to recognize as 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 Council of the Russian Federation, 1993, No. 33, Art. 1311);
2) Decree of the Supreme Council of the Russian Federation of July 7, 1993 No. 5342-1 “On the Procedure for Enacting the Basic 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 Council of the Russian Federation, 1993, No. 33, article 1312).
The president
Russian Federation
V. PUTIN
"On the obligatory social insurance from accidents at work and occupational diseases
(as amended by Federal Laws No. 181-FZ of 17.07.1999, No. 141-FZ of 25.10.2001, No. 196-FZ of 30.12.2001, Labor Code of the Russian Federation No. 197-FZ of 30.12.2001, Federal Laws of 26.11. 2002 N 152-FZ, dated 04.22.2003 N 47-FZ, dated 07.07.2003 N 118-FZ, dated 10.23.2003 N 132-FZ, dated 12.23.2003 N 185-FZ, dated 08.22.2004 N 122-FZ , dated 01.12.2004 N 152-FZ, as amended by Federal Laws dated 02.01.2000 N 10-FZ, dated 11.02.2002 N 17-FZ, dated 08.02.2003 N 25-FZ, dated 08.12.2003 N 166 -FZ, dated December 29, 2004 N 202-FZ)
Accepted
State Duma
July 2, 1998
This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations for 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 (contract) and in other established by this federal law cases.
Chapter I. 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:
- security social protection the insured and the economic interest of the subjects of insurance in reducing occupational risk;
- compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and vocational rehabilitation;
- ensuring 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, to the extent that it exceeds the insurance coverage provided in accordance with this Federal Law.
3. State authorities of the subjects 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 insurance for employees provided for by the legislation of the Russian Federation.
Article 2
The legislation of the Russian Federation on compulsory social insurance against accidents at work and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws adopted in accordance with it and other regulatory legal acts of the Russian Federation.
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 accidents at work and occupational diseases - property interests individuals related to the loss by these individuals of health, professional disability or their death due to an accident at work 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 paragraph 1 of Article 5 of this Federal Law;
- an individual who has received damage to health as a result of an accident at work or an occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work;
- insured - a legal entity of any organizational and legal form (including 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 paragraph 1 of Article 5 of this Federal Law;
- insurer - Social Insurance Fund of the Russian Federation;
- insured event - a confirmed in the prescribed manner the fact of damage to the health of the insured as a result of an accident at work or an occupational disease, which entails the insurer's obligation to provide insurance coverage;
- accident at work - an event as a result of which the insured received an injury or other damage to health in the performance of duties 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 traveling to place of work or return from 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 has caused temporary or permanent loss of his professional ability to work;
- insurance fee - mandatory payment for compulsory social insurance against accidents at work and occupational diseases, calculated on the basis of the insurance rate, discounts (surcharges) to the insurance rate, which the insured is obliged to pay to the insurer;
- insurance rate - rate insurance premium from the accrued wages for all reasons (income) of the insured;
- insurance provision - insurance compensation damage caused as a result of insured event 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 it in accordance with this Federal Law;
- professional risk - the probability of injury (loss) of health or death of the insured, associated with the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law;
- occupational risk class - the level of occupational injuries, occupational morbidity and insurance costs, prevailing by type economic activity policyholders;
- 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 - a persistent decrease in the ability of the insured to carry out professional activities, expressed as a percentage, before the occurrence of the insured event.
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:
- guaranteeing the right of the insured to insurance coverage;
- economic interest of subjects of insurance in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity;
- obligatory registration as insurers of all persons hiring (attracting to work) workers subject to compulsory social insurance against accidents at work and occupational diseases;
- mandatory payment of insurance premiums by insurers;
- differentiation of insurance rates depending on the class of occupational risk.
Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases
1. Compulsory social insurance against accidents at work and occupational diseases are subject to:
- individuals performing work on the basis of an employment agreement (contract) concluded with the insured;
- individuals sentenced to imprisonment and employed 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 insured 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:
- policyholders - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body in charge of state registration of legal entities of the information contained in the unified state register legal entities and represented in the manner prescribed by the Government of the Russian Federation;
- policyholders - legal entities at the location of their separate subdivisions who have a separate balance sheet, current account and accrue 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 concluded labor contract with an employee, on the basis of an application for registration as an insurer, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the hired 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 said contract.
The procedure for registration of the policyholders specified in the third, fourth and fifth paragraphs of the first part of this article shall be established by the insurer.
Article 7. Right to insurance security
1. The right of the insured to insurance coverage arises from the day of occurrence of the insured event.
2. The right to receive insurance payments in the event of the death of the insured as a result of an insured event have:
- disabled persons who were dependents of the deceased or had the right to receive maintenance from him by the day of his death;
- the child of the deceased, born after his death;
- one of the parents, spouse (wife) or other family member, regardless of his ability to work, who does not work and is busy caring for the dependent children of the deceased, his grandchildren, brothers and sisters who have not reached the age of 14 years, or although they have reached the specified age, but according to the conclusion of the institution of the state service of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or medical and preventive institutions state system health care recognized as needing outside care for health reasons;
- persons 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 is unemployed and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the care period, retains the right to receive insurance payments after the end of care for these persons . Dependency of minor children is assumed and does not require proof.
3. Insurance payments in case of death of the insured are paid:
- minors - until they reach the age of 18 years;
- students over 18 years of age - until graduation from educational institutions for full-time education, but not more than up to 23 years;
- 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;
- one of the parents, spouse (wife) or other family member who is not working and is busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their health status.
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, during the life of the insured, had earnings, in the event that part of the earnings of the insured 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 employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, shall be entitled to insurance coverage from the date of entry into force of this Federal Law.
Chapter II. Insurance provision
Article 8. Types of security for insurance
1. Provision for insurance is carried out:
1) in the form of a temporary disability benefit, appointed in connection with an insured event and paid at the expense 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 person or persons entitled to receive such payment in the event of his death;
- monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;
3) in the form of payment additional costs associated with the medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, on:
- treatment of the insured, carried out in the territory of the Russian Federation immediately after a serious accident at work has occurred until the restoration of working capacity or the establishment of a permanent loss of professional ability to work;
- purchase of medicines, medical devices and personal care;
- extraneous (special medical and domestic) care for the insured, including those carried out by members of his family;
- the travel of the insured, and, if necessary, the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a severe accident at work, medical rehabilitation in organizations providing sanatorium and resort services, obtaining a special vehicle, ordering, 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 of the disease with the profession;
- medical rehabilitation in organizations providing sanatorium and resort 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 the accompanying person, payment for the insured's vacation (in excess of the annual paid leave established by legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
- production and repair of prostheses, prosthetic and orthopedic products and orthoses;
- providing technical means of rehabilitation and their repair;
- security vehicles in the presence of relevant medical indications and the absence of contraindications to driving, their current and overhaul and payment of expenses for fuels and lubricants;
(as amended by Federal Law No. 132-FZ of October 23, 2003)
- vocational training (retraining).
2. Payment of additional expenses provided for by subparagraph 3 of paragraph 1 of this article, with the exception of payment of expenses 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 establishes that the insured needs in accordance with the program for the rehabilitation of the victim as a result of an accident at work and an 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 free or preferential receipt 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 granted the right to choose the appropriate type of assistance, provision or care one by one. basis.
3. Compensation to the insured for lost earnings in terms of wages under a civil law contract, in accordance with which the obligation of the employer to pay insurance premiums to the insurer, as well as in terms of paying royalties for which insurance premiums have not been accrued, is carried out by the tortfeasor.
Compensation to the insured person for moral damage caused in connection with an accident at work or an occupational disease is carried out by the tortfeasor.
Article 9
Federal Law No. 25-FZ of 08.02.2003 establishes the minimum amount of temporary disability benefits in connection with an accident at work and an occupational disease.
Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or establishment of a permanent loss of professional ability to work 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. One-time 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 expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;
- persons entitled to receive them - if the result of the insured event was the death of the insured.
2. One-time insurance payments are paid to the insured no later than one calendar month from the date of assignment of the said payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date of submission by the insured to the insurer of all documents necessary for the assignment of such payments.
3. Monthly insurance payments are paid to the insured during the entire period of permanent loss of their professional ability to work, and in the event of the death of the insured to persons entitled to receive them, within the periods established by paragraph 3 of Article 7 of this Federal Law.
ConsultantPlus: note.
On the issue concerning the payment of monthly insurance payments assigned to the victim, but not received by him due to death, see letter of the FSS of the Russian Federation dated May 18, 2000 N 02-18 / 07-3341.
4. When calculating insurance payments, all pensions, allowances and other similar payments assigned to the insured both before and after the occurrence of the insured event do not entail a reduction in their amount. Also, earnings received by the insured after the occurrence of an insured event shall not be included in the account of insurance payments.
Article 11
Paragraph 1 of this article was suspended in 2005 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases by Federal Law No. 202-FZ of December 29, 2004.
Federal Law No. 202-FZ of December 29, 2004 established that in 2005 the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of the insured person's professional ability to work based on the amount of 43.2 thousand rubles .
Clause 1 of Article 11 was suspended for 2004 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases by Federal Law No. 166-FZ of 08.12.2003.
Federal Law No. 166-FZ of 08.12.2003 established that in 2004 the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of the insured person's professional ability to work based on the amount of 30 thousand rubles.
Paragraph 1 of Article 11 was suspended for 2003 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against accidents at work and occupational diseases by Federal Law No. 25-FZ of 08.02.2003.
Federal Law No. 25-FZ of 08.02.2003 established that in 2003 the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of the insured person's professional ability to work based on the amount of 27 thousand rubles.
1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured person's professional ability to work based on the sixty-fold minimum wage established by federal law on the day of such payment.
In the event of the death of the insured, a one-time insurance payment is established in the amount equal to sixty times minimum size wages established by federal law on the day of such payment.
2. In areas where installed district coefficients, percentage bonuses to wages, the amount of a one-time insurance payment is determined taking into account these coefficients and bonuses.
3. The degree of loss of professional capacity for work by the insured is established by the institution of medical and social expertise.
The procedure for establishing the degree of loss of professional ability to work as a result of accidents at work and occupational diseases is determined by the Government of the Russian Federation.
Article 12. Amount of monthly insurance payment
In 2005, the amount of the monthly insurance payment calculated in accordance with this article cannot exceed 33,000 rubles. Set limit applies when assigning or increasing monthly insurance payments after January 1, 2005. The amount of monthly insurance payments exceeding 33,000 rubles as of January 1, 2005, does not change (Article 14 of Federal Law No. 202-FZ of December 29, 2004).
1. The amount of the monthly insurance payment is determined as a share of the average monthly earnings of the insured person, calculated in accordance with the degree of loss of his professional ability to work.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
2. When calculating the amount of earnings lost by the insured as a result of an insured event, all types of remuneration for his work are taken into account both at the place of his main job and part-time, on which insurance premiums are charged for compulsory social insurance against accidents at work and occupational diseases. The amounts of remuneration under civil law contracts and the amounts of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary incapacity for work or maternity leave, allowances paid on the specified grounds are taken into account.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
All types of earnings are taken into account in the amounts accrued before taxes, fees and other obligatory payments.
In areas where district coefficients are established, percentage bonuses to wages, the amount of the monthly insurance payment is determined taking into account these coefficients and bonuses.
When calculating average monthly earnings of the insured, sent by the insured to work outside the territory of the Russian Federation, the wages at the main place of work and wages accrued in foreign currency (if insurance premiums for compulsory social insurance against accidents at work and occupational diseases were accrued on it), which are recalculated in rubles at the rate of the Central Bank of the Russian Federation, established on the date of appointment of the monthly insurance payment.
3. The average monthly earnings of the insured is calculated by dividing the total amount of his earnings (including premiums accrued in billing period) for 12 months of work that caused damage to health, preceding the month in which an accident occurred to him at work, a diagnosis of an occupational disease was established or (at the choice of the insured) a loss (decrease) of his professional ability to work was established, by 12.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
If the work that caused damage to health lasted less than 12 months, the average monthly earnings of the insured shall be 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, was diagnosed with an occupational disease or (at the choice of the insured) the loss (decrease) of his professional ability to work 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 hours worked is divided by the number of days worked and the amount received is multiplied by the number of working days in the month calculated on an annual average. 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.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
At the request of the insured, in the event of an insured event due to an occupational disease, the average monthly earnings may 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 person who has not reached the age of 18 at the time of assigning 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 in general for the Russian Federation.
(Clause 4 as amended by Federal Law No. 118-FZ of July 7, 2003)
5. If the insured event occurred after the expiration of the employment agreement (contract), at the request of the insured, his earnings before the expiration of the specified agreement (contract) or the usual amount of remuneration of an employee of his qualification in the given area, but not less than established in accordance with the law, are taken into account the subsistence minimum for the able-bodied population as a whole for the Russian Federation.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
6. If there have been stable changes in the earnings of the insured prior to the occurrence of the insured event that improve it property status(increased salary for the position held, he was transferred to a higher paying job, went to work after graduating from an educational institution full-time education and in other cases when the stability of the change or the possibility of changing the remuneration of the insured person is 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 earnings of the insured, the amount of the monthly insurance payment is calculated based on the tariff rate (official salary) established (established) in the industry (sub-sector) 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.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
Data on the size of tariff rates (official salaries) of employees are provided by the labor authorities of the constituent entities of the Russian Federation.
(the paragraph was introduced by Federal Law No. 118-FZ of July 7, 2003)
8. For persons entitled to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated on the basis of his average monthly earnings minus the shares attributable to himself and able-bodied persons who were dependent on him, but who are not entitled 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.
(as amended by Federal Laws No. 141-FZ of October 25, 2001, and No. 118-FZ of July 7, 2003)
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. In connection with the increase in the cost of living, the amount of earnings from which the monthly insurance payment is calculated increases in the manner prescribed by the legislation of the Russian Federation.
Item 11 of Article 12 was suspended for 2003 by Federal Law No. 25-FZ of February 8, 2003.
11. The amount of the monthly insurance payment is indexed taking into account the level of inflation within the funds provided for these purposes 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.
(Clause 11 as amended by Federal Law No. 152-FZ of November 26, 2002)
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 applied to the total insurance premium.
When assigning insurance payments to persons entitled to receive them in connection with the death of the insured, the maximum limit is applied to the total amount of insurance payments assigned in connection with the death of the insured.
(Clause 12 was introduced by Federal Law No. 118-FZ of July 7, 2003)
Article 13
1. Examination of the insured by an institution of medical and social expertise is carried out at the request of the insurer, the insured or the insured, or by decision of a judge (court) when submitting an act on an accident at work or an act on an occupational disease.
2. Re-examination of the insured person by an institution of medical and social expertise shall be carried out within the terms established by this institution. Re-examination of the insured person may be carried out ahead of schedule at the request of the insured person 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 expertise, the said conclusion may be appealed by the insured, the insurer, the insured to the court. (as amended by Federal Law No. 118-FZ of July 7, 2003)
Evasion of the insured without a valid reason from the re-examination within the time limits established by the institution of medical and social expertise entails the loss of the right to insurance coverage until he passes the specified re-examination.
Article 14
1. If during the investigation of the insured event by the commission for the investigation of the insured event it is established that the 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 fault of the insured, but not more than 25 percent. The degree of guilt of the insured person is determined by the commission for the investigation of the insured event in percentage terms and is indicated in the accident report at work or in the report on occupational disease.
When determining the degree of guilt of the insured, the opinion of the trade union committee or other representative body authorized by the insured is considered.
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.
In the event of insured events confirmed in accordance with the established procedure, a 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, is not subject to compensation.
Article 15. Appointment and payment of insurance security
1. Appointment and payment to the insured person of benefits for temporary disability in connection with an accident at work or occupational disease are carried out in the manner established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary disability under state social insurance.
2. The date of applying for insurance security shall be the day when the insured person, his authorized representative or the person entitled to receive insurance payments submits to the insurer an application for receiving insurance security. When the said application is sent by post, the date of application for insurance security shall be the date of its dispatch.
The insured person, his/her authorized representative or a person entitled to receive insurance payments has the right to apply to the insurer with an application for receiving insurance security, regardless of the limitation period of the insured event.
3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of his professional ability to work from the day on which the institution of medical and social expertise established the fact of loss of professional ability by the insured, excluding the period for which the insured was granted temporary disability benefits specified in paragraph 1 of this article.
Persons entitled 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 date of his death, but not earlier than the acquisition of the right to receive insurance payments.
In the event of the occurrence of circumstances entailing the recalculation of the amount of the insurance payment in accordance with paragraph 9 of Article 12 of this Federal Law, such recalculation is made from the month following the month in which the specified circumstances occurred.
(the paragraph was introduced by Federal Law No. 118-FZ of July 7, 2003)
Claims for the appointment and payment of insurance security, presented after three years from the moment the right to receive these payments arose, are satisfied for the past time no more than three years preceding the application for insurance security.
4. Assignment of insurance security is carried out by the insurer on the basis of the application of the insured, his authorized person or a person entitled to receive insurance payments, to receive insurance security, and submitted by the insured (insured person) following documents(their certified copies):
(as amended by Federal Law No. 118-FZ of July 7, 2003)
an act on an accident at work or an act on an occupational disease;
certificates of 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;
(as amended by Federal Law No. 118-FZ of July 7, 2003)
conclusions of the institution of medical and social expertise on the degree of loss of professional capacity for work 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 copies of a work book or other document confirming that the victim is in an employment relationship with the insured;
(as amended by Federal Law No. 118-FZ of July 7, 2003)
death certificate of the insured;
certificates of the housing maintenance authority, and in its absence, the local government authority on the composition of the family of the deceased insured person;
notification of a medical institution about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);
(as amended by Federal Law No. 118-FZ of July 7, 2003)
conclusions of the center of occupational pathology on the presence of an occupational disease;
(as amended by Federal Law No. 118-FZ of July 7, 2003)
a document confirming that one of the parents, spouse (wife) or other family member of the deceased, is engaged in 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 according to the conclusion of the institution of medical and social expertise or medical institution recognized as needing outside care for health reasons, does not work;
(as amended by Federal Law No. 118-FZ of July 7, 2003)
certificates from an educational institution stating that a family member of the deceased insured person who is entitled to receive insurance benefits is studying at this educational institution full-time;
documents confirming the costs of carrying out, upon the conclusion of the institution of medical and social expertise, the social, medical and vocational rehabilitation of the insured, provided for by subparagraph 3 of paragraph 1 of Article 8 of this Federal Law;
(as amended by Federal Law No. 118-FZ of July 7, 2003)
conclusions of the institution of medical and social expertise on the connection of the death of the victim with an accident at work or an occupational disease;
(the paragraph was introduced by Federal Law No. 118-FZ of July 7, 2003)
a document confirming the fact of being dependent or establishing the right to receive maintenance;
(the paragraph was introduced by Federal Law No. 118-FZ of July 7, 2003)
victim rehabilitation programs.
(the paragraph was introduced by Federal Law No. 118-FZ of July 7, 2003)
The list of documents (certified copies thereof) required for assigning insurance security is determined by the insurer for each insured event.
The decision to assign or refuse to assign insurance payments is made by the insurer no later than 10 days (in the event of the death of the insured - no later than 2 days) from the date of receipt of the application for insurance coverage and all required documents(their certified copies) according to the list specified by him.
The delay by the insurer in making a decision on the appointment or refusal to assign insurance payments within the established period is considered as a refusal to assign insurance payments.
The application for obtaining insurance security and the documents (certified copies thereof), on the basis of which the insurance security was assigned, shall be kept by the insurer.
5. Facts of legal significance for the appointment of insurance security in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance security, as well as in case of disagreement of the person concerned with the content of such documents, shall be established by the court.
(Clause 5 as amended by Federal Law No. 118-FZ of July 7, 2003)
6. In the event of the death of the insured, a lump sum insurance payment is made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in paragraph 2 of Article 7 of this Federal Law, who had the right to receive a lump sum insurance payment on the day of the death of the insured.
7. Payment of insurance security to the insured, with the exception of the payment of temporary disability benefits assigned in connection with an insured event, and vacation pay (in excess of annual paid leave) for the entire period of treatment and travel to and from the place of treatment, which are made by the insured and are counted in account for the payment of insurance premiums, is made by the insurer.
One-time insurance payments are made within the time limits established by paragraph 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 are accrued.
(Clause 7 as amended by Federal Law No. 118-FZ of 07.07.2003)
8. In case of delay in insurance payments within the established time limits, the subject of insurance, which must make such payments, is obliged to pay to 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 due to the delay of insurance payments by the insured shall not be counted towards the payment of insurance premiums to the insurer.
9. If the insured delays the payments of temporary disability benefits, which are assigned in connection with an insured event, by more than one calendar month said payments at the request of the insured are made by the insurer.
(Clause 9 as amended by Federal Law No. 118-FZ of July 7, 2003)
Chapter III. Rights and obligations of subjects of insurance
Article 16. Rights and obligations of the insured
1. The insured has the right to:
1) insurance coverage in the manner and on the terms established by this Federal Law;
2) participation in the investigation of an insured event, including with the participation of a trade union body or its authorized representative;
ConsultantPlus: note.
3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and to the court;
4) protection of their rights and legitimate interests, including in court;
5) free education safe methods and techniques of work on-the-job, as well as on-the-job in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;
6) self-appeal to medical and preventive institutions of the state healthcare system and institutions of medical and social expertise on issues of medical examination and re-examination;
7) appeal to trade unions or other authorized by the insured representative bodies on issues of compulsory social insurance against industrial accidents and occupational diseases;
8) receiving from the insured and the insurer free information about their rights and obligations under compulsory social insurance against accidents at work 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 the occurrence of circumstances that entail a change in the amount of insurance security received by him or the loss of the right to receive insurance coverage, within ten days from the date of occurrence of such circumstances;
3) follow the recommendations on medical, social and vocational rehabilitation within the terms established by the program of rehabilitation of the victim as a result of an accident at work and occupational disease, undergo medical examinations and re-examinations within the terms established by the institutions of medical and social expertise, as well as in the direction of the insurer.
(clause 3 as amended by the Federal Law of 07.07.2003 N 118-FZ)
Article 17. Rights and obligations of the insured
1. The policyholder has the right:
1) participate in the establishment of allowances and discounts to the insurance tariff;
2) to require the participation of the executive authority for labor in verifying the correctness of the establishment of allowances and discounts to the insurance rate;
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 necessary for registration as an insurant, in the cases provided for in paragraphs three, four and five of part one of Article 6 of this Federal Law;
(clause 1 as amended by the Federal Law of December 23, 2003 N 185-FZ)
On the refusal to accept for consideration a complaint about declaring subparagraph 2 of paragraph 2 of Article 17 unconstitutional due to the fact that the resolution of the issue raised is not within the jurisdiction of the Constitutional Court of the Russian Federation, see definition Constitutional Court RF dated November 20, 2003 N 437-O.
2) accrue and transfer insurance premiums to the insurer in accordance with the established procedure and within the time limits specified by the insurer;
3) execute decisions of the insurer on insurance payments;
4) provide 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 Government of the Russian Federation;
ConsultantPlus: note.
On the issue concerning the procedure for investigating and recording occupational diseases, see Decree of the Government of the Russian Federation of December 15, 2000 N 967.
6) within 24 hours from the date of occurrence of the insured event, notify the insurer about it;
7) collect and submit at its own expense to the insurer, within the time limits established by the insurer, documents (their certified copies) that are the basis for the calculation and payment of insurance premiums, the appointment of insurance security, 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 expertise for examination (re-examination) within the terms established by the institution of medical and social expertise;
9) submit to the institutions of medical and social expertise the conclusions of the body of state expertise of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;
10) provide an insured person who needs treatment for reasons related to the occurrence of an insured event with 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 and from the place of treatment;
11) to train the insured in safe methods and techniques of work on the job at the expense of the insured;
12) send for training in labor protection separate categories insured in the manner determined by the Government of the Russian Federation;
13) notify the insurer in a timely manner of 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 person with certified copies of the 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 his documents that are the basis for insurance security, and submit reports to the insurer in the form established by the insurer;
18) notify the insurer of all known circumstances that are important in determining by the insurer, in the prescribed manner, premiums and discounts to the insurance rate.
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, surcharges and discounts to the insurance rate;
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;
(as amended by Federal Law No. 118-FZ of July 7, 2003)
3) send the insured person to an institution of medical and social expertise for an examination (re-examination);
(as amended by Federal Law No. 118-FZ of July 7, 2003)
4) check information about insured events in organizations of any organizational and legal form;
5) interact with the state labor inspectorate, labor executive authorities, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on 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) timely register policyholders;
(As amended by Federal Law No. 185-FZ of December 23, 2003)
2) collect insurance premiums;
3) timely carry out insurance collateral in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance collateral;
4) provide insurance coverage for persons who have the right 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;
Article 11 of Federal Law No. 17-FZ of February 11, 2002, which established that subparagraph 5 of paragraph 2 of Article 18 does not apply in 2002, was extended to 2003 by Federal Law No. 25-FZ of February 8, 2003.
Subparagraph 5 of paragraph 2 of Article 18 does not apply in 2002 (Federal Law No. 17-FZ of February 11, 2002).
5) to transfer funds to the federal executive body for labor for the implementation of training activities provided for by subparagraph 12 of paragraph 2 of Article 17 of this Federal Law, and to participate in monitoring the correct use of these funds;
6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
7) to execute decisions of the state labor inspectorate on issues of compulsory social insurance against accidents at work and occupational diseases;
8) to control the activities of the insured in the performance of his obligations under Articles 17 and 19 of this Federal Law;
9) explain to the insured and the 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 insured;
11) exercise necessary measures providing financial stability systems of compulsory social insurance against accidents at work and occupational diseases, including the formation of reserves of funds for the implementation of the specified type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year;
12) ensure the confidentiality of information received as a result of their activities about the insured, the insured and persons entitled to receive insurance payments.
Article 18.1. Obligations of bodies carrying out registration of acts of civil status
(Introduced by Federal Law No. 118-FZ of July 7, 2003)
The bodies carrying out the registration of acts of civil status are obliged, at their location, to inform the insurer of information about the facts state registration death of the insured within 10 days after the registration of these facts.
Article 19. Liability of subjects of insurance
1. The insured shall be liable for failure to perform or improper performance of the obligations assigned to him by this Federal Law for timely registration as an insurer 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 insurance payments assigned by the insurer to the insured.
Due to the fact that the procedure for registering legal entities as insurers has been changed, penalties for violating the registration period as an insurant in a branch (branch of a branch) of the Fund do not apply to legal entities (Resolution of the FSS of the Russian Federation dated 04.12.2003 N 134).
Violation of the period of registration as an insured with an insurer, established by Article 6 of this Federal Law, shall entail a fine in the amount of five thousand rubles.
Violation of the period of registration as an insurant with an insurer established by Article 6 of this Federal Law for more than 90 days shall entail a fine in the amount of 10,000 rubles.
The implementation by an individual who has concluded an employment contract with an employee of activities without registration as an insurer with the insurer entails a fine in the amount of 10 percent of the taxable base for calculating insurance premiums, determined for the entire period of activities without the specified registration with the insurer, but not less than 20 thousand rubles .
(As amended by Federal Law No. 185-FZ of December 23, 2003)
Non-payment or incomplete payment of insurance premiums as a result of underestimation of the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other unlawful actions (inaction) shall entail a fine in the amount of 20 percent of the amount of insurance premiums due, and intentional commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.
Violation of the deadline for submitting the established reporting to the insurer or failure to submit it shall entail a fine in the amount of one thousand rubles, and the repeated commission of these acts during the calendar year - in the amount of five thousand rubles.
Bringing the insured to responsibility is carried out by the insurer in the manner similar to the procedure established tax code Russian Federation to hold accountable for tax offenses.
The amounts incurred by the insured in violation of the requirements of legislative or other regulatory legal acts or not supported by documents in the prescribed manner for the payment of temporary disability benefits in connection with an accident at work and occupational disease, as well as for the payment of the insured's vacation (in excess of the annual paid vacation established by 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.
(as amended by Federal Law No. 118-FZ of July 7, 2003)
The policyholder is responsible for the accuracy of the information provided to the insurer, which is necessary for assigning insurance security to the insured. If the information provided by the insurant is unreliable, the excessively incurred costs of providing for insurance against the payment of insurance premiums shall not be counted.
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.
(Clause 1 as amended by Federal Law No. 47-FZ of April 22, 2003)
2. The insurer is responsible for the implementation of compulsory social insurance against accidents at work 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 person and the persons who have been granted the right to receive insurance payments shall be liable in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information about the occurrence of circumstances that entail 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 provided by them, necessary to confirm the right to receive insurance security, the insured and the persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for the excessively incurred expenses voluntarily or on the basis of a court decision.
Chapter IV. Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases
Article 20
1. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are formed from:
1) mandatory insurance premiums of policyholders;
2) collected fines and penalties;
3) capitalized payments received in the event of liquidation of policyholders;
4) other receipts that do not contradict the legislation of the Russian Federation.
2. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are reflected in the revenue and expenditure parts of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law, in separate lines. Specified funds are federal property and are not subject to seizure.
Article 21. Insurance rates
(as amended by Federal Law No. 152-FZ of December 1, 2004)
Insurance rates differentiated according to occupational risk classes are established by federal law.
A draft of such a federal law is annually submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.
Article 22. Insurance premiums
1. Insurance premiums are paid by the insured based on the insurance tariff, taking into account the discount or premium established by the insurer.
The amount of the specified discount or premium is set to the insured, taking into account the state of labor protection, the cost of providing for insurance, and cannot exceed 40 percent of the insurance rate established for the corresponding class of occupational risk.
(as amended by Federal Law No. 152-FZ of December 1, 2004)
The specified discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue side 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 premiums and are included in the cost of goods produced (work performed, services rendered) or are included in the cost estimate for the maintenance of the insured.
Supplements to insurance rates and fines provided for in Articles 15 and 19 of this Federal Law shall be paid by the insured from the amount of profit at his disposal or from the cost estimate 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. The rules for classifying types of economic activity as a class of occupational risk, the rules for establishing discounts and surcharges for insurance rates for policyholders, the rules for accruing, accounting and spending funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are approved in the manner determined by the Government of the Russian Federation .
(Clause 3 as amended by Federal Law No. 152-FZ of December 1, 2004)
4. The amounts of insurance premiums are transferred by the insured who has entered into an employment contract with an employee on a monthly basis within the period established for receiving (transferring) funds from banks (other credit organizations) for payment 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.
(Clause 4 was introduced by Federal Law No. 47-FZ of April 22, 2003)
Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums. Collection of arrears and penalties
1. If the insured pays insurance premiums at a later date than the established deadlines, he shall pay penalties in the manner and in the amount established by this Article.
Penalties are charged for each calendar day of delay in payment of insurance premiums.
Penalties are accrued in excess of the amounts of insurance premiums and other payments due to the insurer and regardless of the collection of fines from the insured, provided for in paragraph 1 of Article 19 of this Federal Law.
2. Penalties are accrued from the day following the established day of payment of insurance premiums, and up to the day of their payment (collection), inclusive.
The day of payment of insurance premiums is the day the policyholder submits to the bank (other credit institution) a payment order for the transfer of insurance premiums if there is a sufficient cash balance on the account of the policyholder, and in case of payment in cash - the day of payment to the bank (other credit institution) or the cash desk of the local authority self-government or the organization of the federal postal service of a sum of money on account of the payment of insurance premiums.
Insurance premiums are not considered paid if the policyholder revokes or returns the bank (other credit institution) of the payment order for the transfer of insurance premiums, as well as if at the time the policyholder submits the payment order for the transfer of insurance premiums, the policyholder has other unfulfilled claims against the account, which, in accordance with the legislation of the Russian Federation, are executed as a matter of priority, but do not have sufficient funds on the account to satisfy all requirements.
3. Penalty is not charged if the policyholder confirms that he could not pay the arrears due to the suspension of operations on his bank accounts or the seizure of his property.
4. Penalties are determined as a percentage of the arrears.
Arrears are recognized as the amount of insurance premiums not paid within the established period.
The interest rate of penalties is set at one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, which was in effect at the time of the formation of the arrears.
When changing the specified refinancing rate, the amount of penalties based on new rate refinancing is determined from the day following the day of its change.
5. Penalties are paid by the insured simultaneously with the payment of insurance premiums, and in case of insufficient funds from the insured, after payment of insurance premiums in full.
6. Arrears and penalties may be collected by the insurer from the insured forcibly at the expense of Money and other property of the insured.
Recovery of arrears and penalties from the insured - individual carried out in a court of law.
The collection of arrears and penalties from the insured - a legal entity is carried out by the insurer on the basis of its decision to collect in an indisputable manner arrears and penalties at the expense of funds held in the accounts of the insured in a bank (other credit institutions), by sending collection order(instructions) on the transfer of arrears and penalties to the bank (other credit institutions) where the accounts of the specified insurant are opened.
The collection order (instruction) of the insurer on the transfer of arrears and penalties to the bank (other credit organizations) must contain an indication of the accounts of the insured from which the insurance premium 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 may be made from the ruble settlement (current) and (or) currency accounts of the insured, 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- to the performer.
Article 22.2. Obligations of banks (other credit institutions) related to accounting for insurers, execution of instructions for the transfer of funds of compulsory social insurance against accidents at work and occupational diseases, and liability for their failure to comply
(Introduced by Federal Law No. 47-FZ of April 22, 2003)
1 - 2. No longer valid. - Federal Law of December 23, 2003 N 185-FZ.
3. The term for the execution by banks (other credit organizations) of the policyholder's instruction to transfer insurance premiums to the insurer or the collection instruction (instruction) of the insurer to collect insurance premiums from the policyholder - a legal entity is one business day from the day following the day of receipt of such instruction.
If banks (other credit institutions) violate the deadline for fulfilling the policyholder's order to transfer insurance premiums to the insurer, as well as if banks (other credit organizations) fail to execute the collection order (instruction) of the insurer to collect insurance premiums from the policyholder - a legal entity, if there are sufficient funds on the account of the specified of the insured, the insurer collects from banks (other credit institutions) a penalty in the amount of one hundred and fiftieth of 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 institutions) is carried out by the insurer in a manner similar to the procedure for collecting penalties from policyholders - legal entities.
(As amended by Federal Law No. 185-FZ of December 23, 2003)
5. 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.
Article 23
1. In the event of reorganization of an insured that is 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 accidents at work and occupational diseases
1. Insurers, 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, as well as accounting reports.
On a quarterly basis, no later than the 15th day of the month following the expired quarter, the insurers submit reports to the insurer at the place of their registration in accordance with the established procedure in the form established by the insurer.
(paragraph introduced by Federal Law No. 47-FZ of April 22, 2003)
2. State quarterly statistical reporting policyholders on industrial injuries, occupational diseases and related material costs submitted in the manner established by the Government of the Russian Federation.
3. The insured and its officials bear the responsibility established by the legislation of the Russian Federation for failure to submit or unreliability of statistical and accounting reports.
Article 25. Accounting and reporting of the insurer
Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law are credited to the unified centralized account of the insurer in the institutions of the Central Bank of the Russian Federation and are spent for the purposes of this type of social insurance.
Operations on the unified 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 for observance of the rights of subjects of insurance and the fulfillment of their obligations by them is 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 appropriations from the federal budget - also by the federal executive body in the field of finance.
2. At least once a year, the insurer ensures that its financial and economic activities are audited by a specialized audit organization with the appropriate license.
3. Public control over the observance of the legitimate 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
ConsultantPlus: note.
Federal Law No. 10-FZ of January 2, 2000 "On Insurance Tariffs for Compulsory Social Insurance against Occupational Accidents and Occupational Diseases for the Year 2000" came into force on January 6, 2000.
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 necessary for the formation of funds for the implementation of compulsory social insurance against accidents at work and occupational diseases.
2. From the day of the official publication of this Federal Law, the insurer shall pre-register insurers, register the persons who should be entitled to receive insurance security, transfer to the insurer, in the form established by it, information about these persons by insurants and insurance organizations, and also carry out organizational work on preparation for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law.
Article 28. Transitional provisions
- Persons who, prior to the entry into force of this Federal Law, have received an injury, an occupational disease, or other damage to health related to the performance of their labor duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, are provided with insurance by the insurer in accordance with this Federal Law, regardless of the timing of the injury, occupational disease or other damage to health.
The insurance coverage established by the said persons upon the entry into force of this Federal Law cannot be lower than the compensation for damage caused by injury, occupational disease or other damage to health associated with the performance of labor duties established by them earlier in accordance with the legislation of the Russian Federation.
Examination of professional ability to work in institutions of medical and social expertise of persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health associated with the performance of their labor duties by these persons, is carried out within the time limits established before the entry into force of this Federal Law. Examination of professional ability to work can be carried out earlier than the specified terms at the request of the insured.
- Registration of policyholders by the insurer is carried out within 10 days after the entry into force of this Federal Law.
- The insurer shall not be liable for the liquidation of debts resulting from the failure of employers or insurance companies to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health damage, and to pay a penalty for the delay in the liquidation of these debts, if such debts arose before the entry into force of this federal law. Employers and insurance organizations remain obligated to liquidate these debts and pay a penalty fee in the amount of 1 percent of the unpaid amount of compensation for the above damage for each day of delay until the day this Federal Law enters into force. Penalty for the delay in the liquidation of debts formed 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 damage indicated above for each day of delay.
- Payments capitalized in connection with the liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties, made to insurance companies prior to the entry into force of this Federal Law, are 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 day of its entry into force. At the same time, the documents confirming the right of the victims (including persons entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm are transferred to the insurer.
- The persons specified in Clause 1 of this Article shall be provided with full insurance coverage in accordance with this Federal Law, regardless of whether payments have been capitalized upon liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties.
Article 29
Recognize as invalid from the date of entry into force of this Federal Law:
Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 "On approval of the Rules for compensation by employers of harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 2, item 71), with the exception of the first and second paragraphs of clause 2;
Rules for compensation by employers of harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by Decree 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 Council of the Russian Federation, 1993, N 2, item 71);
Article 1 of the Federal Law "On the Introduction of Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers for Harm Caused to Employees by Mutilation, Occupational Disease, or Other Damage to Health Associated with the Performance of Their Job Duties" (Collected Legislation of the Russian Federation, 1995, No. 48, Art. 4562).
Article 30
1. Has expired. - Labor Code of the Russian Federation of December 30, 2001 N 197-FZ.
2. Has expired. - Federal Law of July 17, 1999 N 181-FZ.
3. Has expired. - Federal Law of August 22, 2004 N 122-FZ.
4. To introduce the following addition into the Criminal Executive Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1997, N 2, Art. 198):
Part four of Article 44 shall be supplemented with the words "and monthly insurance payments for compulsory social insurance against accidents at work and occupational diseases".
Article 31
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.
Instruct the Government of the Russian Federation to adopt the regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.
1. The right of the insured to insurance coverage arises from the day of occurrence of the 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 an insured event has:
parents, spouse (wife) of the deceased;
disabled persons who were dependents of the deceased or had the right to receive maintenance from him by the day of his death;
another member of the family of the deceased, regardless of his ability to work, who does not work and is busy caring for the dependent children of the deceased, his grandchildren, brothers and sisters who have not reached the age of 14 years or have reached the specified age, but according to the conclusion of the federal institution of medical and social expertise (hereinafter - an institution of medical and social expertise) or a medical organization recognized as needing outside care for health reasons.
2.1. The following have the right to receive monthly insurance payments in the event of the death of the insured as a result of an insured event:
children of the deceased who have not reached the age of 18, as well as his children studying full-time education - until they complete such education, but not longer than until they reach the age of 23;
the child of the deceased, born after his death;
one of the parents, spouse (wife) or other family member, regardless of his ability to work, who does not work and is busy caring for the dependent children of the deceased, his grandchildren, brothers and sisters who have not reached the age of 14 years or have reached the specified age, but by conclusion institutions of medical and social expertise or a medical organization recognized as needing outside care for health reasons;
other disabled persons who were dependents of the deceased or had the right to receive maintenance from him by the day of his death, as well as persons who were dependents of 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 is unemployed and takes care of the children, grandchildren, brothers and sisters of the deceased and became disabled during the period of care, retains the right to receive monthly insurance payments after the end of care by these persons.
3. Monthly insurance payments in the event of the death of the insured are paid:
minors - until they reach the age of 18 years;
students over 18 years of age - until full-time education, but not more than 23 years;
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;
one of the parents, spouse (wife) or other family member who is not working and is busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their health status.
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, during the life of the insured, had earnings, in the event that part of the earnings of the insured 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 employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, shall be entitled to insurance coverage from the date of entry into force of this Federal Law.
"On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"
(as amended July 17, 1999, January 2, 2000, October 25, December 30, 2001, February 11, November 26, 2002, February 8, April 22, July 7, October 23, December 8, 23 2003, August 22, December 1, 29, 2004)
This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations for 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 (contract) and in other established by this federal law cases.
Chapter I. 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 economic interest of insurance subjects in reducing occupational risk;
compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and vocational rehabilitation;
ensuring 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, to the extent that it exceeds the insurance coverage provided in accordance with this Federal Law.
3. State authorities of the subjects 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 insurance for employees provided for by the legislation of the Russian Federation.
Article 2
The legislation of the Russian Federation on compulsory social insurance against accidents at work and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws adopted in accordance with it and other regulatory legal acts of the Russian Federation.
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 accidents at work and occupational diseases - the property interests of individuals associated with the loss of these individuals of health, professional disability or their death due to an accident at work 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 paragraph 1 of Article 5 of this Federal Law;
an individual who has received damage to health as a result of an accident at work or an occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work;
insured - a legal entity of any organizational and legal form (including a foreign organization operating in 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 - Social Insurance Fund of the Russian Federation;
insured event - a confirmed in the prescribed manner the fact of damage to the health of the insured as a result of an accident at work or an occupational disease, which entails the insurer's obligation to provide insurance coverage;
accident at work - an event as a result of which the insured received an injury or other damage to health in the performance of duties 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 traveling to place of work or return from 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 has caused temporary or permanent loss of his professional ability to work;
insurance premium - a mandatory payment for compulsory social insurance against accidents at work and occupational diseases, calculated on the basis of the insurance tariff, a discount (surcharge) to the insurance tariff, which the insured is obliged to pay to the insurer;
insurance tariff - the rate of the insurance premium from the accrued wages for all reasons (income) of the insured;
insurance security - 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 persons entitled to it in accordance with this Federal Law;
professional risk - the probability of injury (loss) of health or death of the insured, associated with the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law;
class of occupational risk - the level of occupational injuries, occupational morbidity and insurance costs, established by types of economic activity of insurers;
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 - a persistent decrease in the ability of the insured to carry out professional activities, expressed as a percentage, before the occurrence of the insured event.
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:
guaranteeing the right of the insured to insurance coverage;
economic interest of subjects of insurance in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity;
obligatory registration as insurers of all persons hiring (attracting to work) workers subject to compulsory social insurance against accidents at work and occupational diseases;
mandatory payment of insurance premiums by insurers;
differentiation of insurance rates depending on the class of occupational risk.
Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases
1. Compulsory social insurance against accidents at work and occupational diseases are subject to:
individuals performing work on the basis of an employment agreement (contract) concluded with the insured;
individuals sentenced to imprisonment and employed 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 insured 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:
policyholders - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body that carries 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 Government of the Russian Federation;
policyholders - legal entities at the location of their separate subdivisions, which have a separate balance sheet, current account and accrue 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 concluded an employment contract with an employee, on the basis of an application for registration as an insurer, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the hired 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 said contract.
The procedure for registration of the policyholders specified in the third, fourth and fifth paragraphs of the first part of this article shall be established by the insurer.
Article 7. Right to insurance security
1. The right of the insured to insurance coverage arises from the day of occurrence of the insured event.
2. The right to receive insurance payments in the event of the death of the insured as a result of an insured event have:
disabled persons who were dependents of the deceased or had the right to receive maintenance from him by the day of his death;
the child of the deceased, born after his death;
one of the parents, spouse (wife) or other family member, regardless of his ability to work, who does not work and is busy caring for the dependent children of the deceased, his grandchildren, brothers and sisters who have not reached the age of 14 years, or although they have reached the specified age, but according to the conclusion of the institution of the state service of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or medical and preventive institutions of the state healthcare system recognized as needing outside care for health reasons;
persons 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 is unemployed and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the care period, retains the right to receive insurance payments after the end of care for these persons . Dependency of minor children is assumed and does not require proof.
3. Insurance payments in case of death of the insured are paid:
minors - until they reach the age of 18 years;
students over 18 years of age - until the end of their studies in educational institutions in full-time education, but not more than up to 23 years;
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;
one of the parents, spouse (wife) or other family member who is not working and is busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their health status.
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, during the life of the insured, had earnings, in the event that part of the earnings of the insured 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 employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, shall be entitled to insurance coverage from the date of entry into force of this Federal Law.
Chapter II. Insurance provision
Article 8. Types of security for insurance
1. Provision for insurance is carried out:
1) in the form of a temporary disability benefit, appointed in connection with an insured event and paid at the expense 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 person or persons entitled to receive such payment in the event of his death;
monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;
3) in the form of payment of additional costs associated with the 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 accident at work has occurred until the restoration of working capacity or the establishment of a permanent loss of professional ability to work;
purchase of medicines, medical devices and personal care;
extraneous (special medical and domestic) care for the insured, including those carried out by members of his family;
the travel of the insured, and, if necessary, the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a severe accident at work, medical rehabilitation in organizations providing sanatorium and resort services, obtaining a special vehicle, ordering, 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 of the disease with the profession;
medical rehabilitation in organizations providing sanatorium and resort 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 the accompanying person, payment for the insured's vacation (in excess of the annual paid leave established by legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
production and repair of prostheses, prosthetic and orthopedic products and orthoses;
providing technical means of rehabilitation and their repair;
provision of vehicles in the presence of relevant 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 expenses provided for by subparagraph 3 of paragraph 1 of this article, with the exception of payment of expenses 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 establishes that the insured needs in accordance with the program for the rehabilitation of the victim as a result of an accident at work and an 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 free or preferential receipt 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 granted the right to choose the appropriate type of assistance, provision or care one by one. basis.
3. Compensation to the insured for lost earnings in terms of wages under a civil law contract, in accordance with which the obligation of the employer to pay insurance premiums to the insurer, as well as in terms of paying royalties for which insurance premiums have not been accrued, is carried out by the tortfeasor.
Compensation to the insured person for moral damage caused in connection with an accident at work or an occupational disease is carried out by the tortfeasor.
Article 9
Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or establishment of a permanent loss of professional ability to work 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. One-time 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 expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;
persons entitled to receive them - if the result of the insured event was the death of the insured.
2. One-time insurance payments are paid to the insured no later than one calendar month from the date of assignment of the said payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date of submission by the insured to the insurer of all documents necessary for the assignment of such payments.
3. Monthly insurance payments are paid to the insured during the entire period of permanent loss of his professional ability to work, and in the event of the death of the insured - to persons entitled to receive them, within the periods established by paragraph 3 of Article 7 of this Federal Law.
4. When calculating insurance payments, all pensions, allowances and other similar payments assigned to the insured both before and after the occurrence of the insured event do not entail a reduction in their amount. Also, earnings received by the insured after the occurrence of an insured event shall not be included in the account of insurance payments.
Article 11
1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured person's professional ability to work based on the sixty-fold minimum wage established by federal law on the day of such payment.
In the event of the death of the insured, the lump-sum insurance payment is established in the amount equal to sixty times the minimum wage established by federal law on the day of such payment.
2. In areas where regional coefficients are established, percentage bonuses to wages, the amount of a lump-sum insurance payment is determined taking into account these coefficients and bonuses.
3. The degree of loss of professional capacity for work by the insured is established by the institution of medical and social expertise.
The procedure for establishing the degree of loss of professional ability to work as a result of accidents at work 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 a share of the average monthly earnings of the insured person, calculated in accordance with the degree of loss of his professional ability to work.
2. When calculating the amount of earnings lost by the insured as a result of an insured event, all types of remuneration for his work are taken into account both at the place of his main job and part-time, on which insurance premiums are charged for compulsory social insurance against accidents at work and occupational diseases. The amounts of remuneration under civil law contracts and the amounts of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary incapacity for work or maternity leave, allowances paid on the specified grounds are taken into account.
All types of earnings are taken into account in the amounts accrued before taxes, fees and other obligatory payments.
In areas where district coefficients are established, percentage bonuses to wages, the amount of the monthly insurance payment is determined taking into account these coefficients and bonuses.
When calculating the average monthly earnings of the insured, sent by the insured to work outside the territory of the Russian Federation, the wages at the main place of work and wages accrued in foreign currency (if insurance, contributions for compulsory social insurance against accidents at work and professional diseases), which is converted into rubles at the exchange rate of the Central Bank of the Russian Federation, established on the date of appointment of the monthly insurance payment.
3. The average monthly earnings of the insured shall be calculated by dividing the total amount of his earnings (taking into account premiums accrued in the billing period) for 12 months of work that caused damage to health, preceding the month in which he had an accident at work, was diagnosed with an occupational disease or (according to the choice of the insured) the 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 shall be 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, was diagnosed with an occupational disease or (at the choice of the insured) the loss (decrease) of his professional ability to work 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 hours worked is divided by the number of days worked and the amount received is multiplied by the number of working days in month, calculated as an 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, in the event of an insured event due to an occupational disease, the average monthly earnings may 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 person who has not reached the age of 18 at the time of assigning insurance coverage, are calculated from his average earnings, but not less than the subsistence level of the able-bodied population as a whole in the Russian Federation established in accordance with the law.
5. If the insured event occurred after the expiration of the employment agreement (contract), at the request of the insured, his earnings before the expiration of the specified agreement (contract) or the usual amount of remuneration of an employee of his qualification in the given area, but not less than established in accordance with the law, are taken into account the subsistence minimum for the able-bodied population as a whole for the Russian Federation.
6. If there have been stable changes in the earnings of the insured person prior to the occurrence of the insured event that improve his financial situation (the wages for his position have been increased, he has been transferred to a higher-paid job, started working after graduating from an educational institution in full-time education and in other cases when the stability of the change or the possibility of changing the remuneration of the insured person has been proven), when calculating his average monthly earnings, only the earnings that he received or should have received after the corresponding change are taken into account.
7. If it is impossible to obtain a document on the amount of earnings of the insured, the amount of the monthly insurance payment is calculated based on the tariff rate (official salary) established (established) in the industry (sub-sector) 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 tariff rates (official salaries) of employees are provided by the labor authorities of the constituent entities of the Russian Federation.
8. For persons entitled to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated on the basis of his average monthly earnings minus the shares attributable to himself and able-bodied persons who were dependent on him, but who are not entitled 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. In connection with the increase in the cost of living, the amount of earnings from which the monthly insurance payment is calculated increases in the manner prescribed by the legislation of the Russian Federation.
11. The amount of the monthly insurance payment is indexed taking into account the level of inflation within the funds provided for these purposes 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 maximum limit is applied to the total amount of the insurance payment.
When assigning insurance payments to persons entitled to receive them in connection with the death of the insured, the maximum limit is applied to the total amount of insurance payments assigned in connection with the death of the insured.
Article 13
1. Examination of the insured by an institution of medical and social expertise is carried out at the request of the insurer, the insured or the insured, or by decision of a judge (court) when submitting an act on an accident at work or an act on an occupational disease.
2. Re-examination of the insured person by an institution of medical and social expertise shall be carried out within the terms established by this institution. Re-examination of the insured person may be carried out ahead of schedule at the request of the insured person 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 expertise, the said conclusion may be appealed by the insured, the insurer, the insured to the court.
Evasion of the insured without a valid reason from the re-examination within the time limits established by the institution of medical and social expertise entails the loss of the right to insurance coverage until he passes the specified re-examination.
Article 14
1. If during the investigation of the insured event by the commission for the investigation of the insured event it is established that the 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 fault of the insured, but not more than 25 percent. The degree of guilt of the insured person is determined by the commission for the investigation of the insured event in percentage terms and is indicated in the accident report at work or in the report on occupational disease.
When determining the degree of guilt of the insured, the opinion of the trade union committee or other representative body authorized by the insured is considered.
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.
In the event of insured events confirmed in accordance with the established procedure, a 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, is not subject to compensation.
Article 15. Appointment and payment of insurance security
1. Appointment and payment to the insured person of benefits for temporary disability in connection with an accident at work or occupational disease are carried out in the manner established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary disability under state social insurance.
2. The date of applying for insurance security shall be the day when the insured person, his authorized representative or the person entitled to receive insurance payments submits to the insurer an application for receiving insurance security. When the said application is sent by post, the date of application for insurance security shall be the date of its dispatch.
The insured person, his/her authorized representative or a person entitled to receive insurance payments has the right to apply to the insurer with an application for receiving insurance security, regardless of the limitation period of the insured event.
3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of his professional ability to work from the day on which the institution of medical and social expertise established the fact of loss of professional ability by the insured, excluding the period for which the insured was granted temporary disability benefits specified in paragraph 1 of this article.
Persons entitled 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 date of his death, but not earlier than the acquisition of the right to receive insurance payments.
In the event of the occurrence of circumstances entailing the recalculation of the amount of the insurance payment in accordance with paragraph 9 of Article 12 of this Federal Law, such recalculation is made from the month following the month in which the specified circumstances occurred.
Claims for the appointment and payment of insurance security, presented after three years from the moment the right to receive these payments arose, are satisfied for the past time no more than three years preceding the application for insurance security.
4. Assignment of insurance security is carried out by the insurer on the basis of an application of the insured person, his authorized person or a person entitled to receive insurance payments, to receive insurance security, and the following documents (certified copies thereof) submitted by the insured (insured person):
an act on an accident at work or an act on an occupational disease;
certificates of 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 capacity for work 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 copies of a work book or other document confirming that the victim is in an employment relationship with the insured;
death certificate of the insured;
certificates of the housing maintenance authority, and in its absence, the local government authority on the composition of the family of the deceased insured person;
notification of a medical institution about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);
conclusions of the center of occupational pathology on the presence of an occupational disease;
a document confirming that one of the parents, spouse (wife) or other family member of the deceased, is engaged in 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 according to the conclusion of the institution of medical and social expertise or medical institution recognized as needing outside care for health reasons, does not work;
certificates from an educational institution stating that a family member of the deceased insured person who is entitled to receive insurance benefits is studying at this educational institution full-time;
documents confirming the costs of carrying out, upon the conclusion of the institution of medical and social expertise, the social, medical and vocational rehabilitation of the insured, provided for by subparagraph 3 of paragraph 1 of Article 8 of this Federal Law;
conclusions of the institution of medical and social expertise on the connection of the death of the victim with an accident at work or an occupational disease;
a document confirming the fact of being dependent or establishing the right to receive maintenance;
victim rehabilitation programs.
The list of documents (certified copies thereof) required for assigning insurance security is determined by the insurer for each insured event.
The decision to assign or refuse to assign insurance payments is made by the insurer no later than 10 days (in the event of the death of the insured - no later than 2 days) from the date of receipt of the application for obtaining insurance security and all necessary documents (their certified copies) according to the list specified by him.
The delay by the insurer in making a decision on the appointment or refusal to assign insurance payments within the established period is considered as a refusal to assign insurance payments.
The application for obtaining insurance security and the documents (certified copies thereof), on the basis of which the insurance security was assigned, shall be kept by the insurer.
5. Facts of legal significance for the appointment of insurance security in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance security, as well as in case of disagreement of the person concerned with the content of such documents, shall be established by the court.
6. In the event of the death of the insured, a lump sum insurance payment is made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in paragraph 2 of Article 7 of this Federal Law, who had the right to receive a lump sum insurance payment on the day of the death of the insured.
7. Payment of insurance security to the insured, with the exception of the payment of temporary disability benefits assigned in connection with an insured event, and vacation pay (in excess of annual paid leave) for the entire period of treatment and travel to and from the place of treatment, which are made by the insured and are counted in account for the payment of insurance premiums, is made by the insurer.
One-time insurance payments are made within the time limits established by paragraph 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 are accrued.
8. In case of delay in insurance payments within the established time limits, the subject of insurance, which must make such payments, is obliged to pay to 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 due to the delay of insurance payments by the insured shall not be counted towards the payment of insurance premiums to the insurer.
9. If the insured delays the payments of temporary disability benefits, which are assigned in connection with an insured event, by more than one calendar month, these payments are made by the insurer at the request of the insured.
Chapter III. Rights and obligations of subjects of insurance
Article 16. Rights and obligations of the insured
1. The insured has the right to:
1) insurance coverage in the manner and on the terms established by this Federal Law;
2) participation in the investigation of an insured event, including with the participation of a trade union body or its authorized representative;
3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and to the court;
4) protection of their rights and legitimate interests, including in court;
5) free training in safe methods and techniques of work on the job, as well as on the job in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;
6) self-appeal to medical and preventive institutions of the state healthcare system and institutions of medical and social expertise on issues of medical examination and re-examination;
7) appeal to trade unions or other representative bodies authorized by the insured on issues of compulsory social insurance against accidents at work and occupational diseases;
8) receiving from the insured and the insurer free information about their rights and obligations under compulsory social insurance against accidents at work 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 the occurrence of circumstances that entail a change in the amount of insurance security received by him or the loss of the right to receive insurance coverage, within ten days from the date of occurrence of such circumstances;
3) follow the recommendations on medical, social and vocational rehabilitation within the terms established by the program of rehabilitation of the victim as a result of an accident at work and occupational disease, undergo medical examinations and re-examinations within the terms established by the institutions of medical and social expertise, as well as in the direction of the insurer.
Article 17. Rights and obligations of the insured
1. The policyholder has the right:
1) participate in the establishment of allowances and discounts to the insurance tariff;
2) to require the participation of the executive authority for labor in verifying the correctness of the establishment of allowances and discounts to the insurance rate;
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 necessary for registration as an insurant, in the cases provided for in paragraphs three, four and five of part one of Article 6 of this Federal Law;
2) accrue and transfer insurance premiums to the insurer in accordance with the established procedure and within the time limits specified by the insurer;
3) execute decisions of the insurer on insurance payments;
4) provide 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 Government of the Russian Federation;
6) within 24 hours from the date of occurrence of the insured event, notify the insurer about it;
7) collect and submit at its own expense to the insurer, within the time limits established by the insurer, documents (their certified copies) that are the basis for the calculation and payment of insurance premiums, the appointment of insurance security, 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 expertise for examination (re-examination) within the terms established by the institution of medical and social expertise;
9) submit to the institutions of medical and social expertise the conclusions of the body of state expertise of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;
10) provide an insured person who needs treatment for reasons related to the occurrence of an insured event with 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 and from the place of treatment;
11) to train the insured in safe methods and techniques of work on the job at the expense of the insured;
12) send certain categories of insured persons for labor protection training in the manner determined by the Government of the Russian Federation;
13) notify the insurer in a timely manner of 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 person with certified copies of the 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 his documents that are the basis for insurance security, and submit reports to the insurer in the form established by the insurer;
18) notify the insurer of all known circumstances that are important in determining by the insurer, in the prescribed manner, premiums and discounts to the insurance rate.
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, surcharges and discounts to the insurance rate;
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 person to an institution of medical and social expertise for an examination (re-examination);
4) check information about insured events in organizations of any organizational and legal form;
5) interact with the state labor inspectorate, labor executive authorities, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on 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) timely register policyholders;
2) collect insurance premiums;
3) timely carry out insurance collateral in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance collateral;
4) provide insurance coverage for persons who have the right 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;
5) to transfer funds to the federal executive body for labor for the implementation of training activities provided for by subparagraph 12 of paragraph 2 of Article 17 of this Federal Law, and to participate in monitoring the correct use of these funds;
6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
7) to execute decisions of the state labor inspectorate on issues of compulsory social insurance against accidents at work and occupational diseases;
8) to control the activities of the insured in the performance of his obligations under Articles 17 and 19 of this Federal Law;
9) explain to the insured and the 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 insured;
11) take the necessary measures to ensure the financial stability of the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves of funds for the implementation of the specified type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year;
12) ensure the confidentiality of information received as a result of their activities about the insured, the insured and persons entitled to receive insurance payments.
Article 18.1. Obligations of bodies carrying out registration of acts of civil status
The bodies that carry out the registration of acts of civil status are obliged, at their location, to inform the insurer of information about the facts of state registration of the death of the insured within 10 days after the registration of these facts.
Article 19. Liability of subjects of insurance
1. The insured shall be liable for failure to fulfill or improper fulfillment of the obligations imposed on him by this Federal Law for the timely registration as an insured with the insurer, the timely and full payment of insurance premiums, the timely submission of the established reporting to the insurer, as well as for the timely and full payment of insurance payments assigned by the insurer insured.
Violation of the period of registration as an insured with an insurer, established by Article 6 of this Federal Law, shall entail a fine in the amount of five thousand rubles.
Violation of the period of registration as an insurant with an insurer established by Article 6 of this Federal Law for more than 90 days shall entail a fine in the amount of 10,000 rubles.
The implementation by an individual who has concluded an employment contract with an employee of activities without registration as an insurer with the insurer entails a fine in the amount of 10 percent of the taxable base for calculating insurance premiums, determined for the entire period of activities without the specified registration with the insurer, but not less than 20 thousand rubles .
Non-payment or incomplete payment of insurance premiums as a result of underestimation of the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other unlawful actions (inaction) shall entail a fine in the amount of 20 percent of the amount of insurance premiums due, and intentional commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.
Violation of the deadline for submitting the established reporting to the insurer or failure to submit it shall entail a fine in the amount of one thousand rubles, and the repeated commission of these acts during the calendar year - in the amount of five thousand rubles.
Bringing the insured to responsibility is carried out by the insurer in the manner similar to the procedure established by the Tax Code of the Russian Federation for bringing to responsibility for tax offenses.
The amounts incurred by the insured in violation of the requirements of legislative or other regulatory legal acts or not supported by documents in the prescribed manner for the payment of temporary disability benefits in connection with an accident at work and occupational disease, as well as for the payment of the insured's vacation (in excess of the annual paid vacation established by 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, which is necessary for assigning insurance security to the insured. If the information provided by the insurant is unreliable, the excessively incurred costs of providing for insurance against the payment of insurance premiums shall not be counted.
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 accidents at work 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 person and the persons who have been granted the right to receive insurance payments shall be liable in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information about the occurrence of circumstances that entail 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 provided by them, necessary to confirm the right to receive insurance security, the insured and the persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for the excessively incurred expenses voluntarily or on the basis of a court decision.
Chapter IV. Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases
Article 20
1. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are formed from:
1) mandatory insurance premiums of policyholders;
2) collected fines and penalties;
3) capitalized payments received in the event of liquidation of policyholders;
4) other receipts that do not contradict the legislation of the Russian Federation.
2. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are reflected in the revenue 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 21. Insurance rates
Insurance rates differentiated according to occupational risk classes are established by federal law.
A draft of such a federal law is annually submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.
Article 22. Insurance premiums
1. Insurance premiums are paid by the insured based on the insurance tariff, taking into account the discount or premium established by the insurer.
The amount of the specified discount or premium is set to the insured, taking into account the state of labor protection, the cost of providing for insurance, and cannot exceed 40 percent of the insurance rate established for the corresponding class of occupational risk.
The specified discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue side 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 premiums and are included in the cost of goods produced (work performed, services rendered) or are included in the cost estimate for the maintenance of the insured.
Supplements to insurance rates and fines provided for in Articles 15 and 19 of this Federal Law shall be paid by the insured from the amount of profit at his disposal or from the cost estimate 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. The rules for classifying types of economic activity as a class of occupational risk, the rules for establishing discounts and surcharges for insurance rates for policyholders, the rules for accruing, accounting and spending funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are approved in the manner determined by the Government of the Russian Federation .
4. The amounts of insurance premiums are transferred by the insured who has concluded an employment contract with the employee on a monthly basis within the period established for receiving (transferring) funds from banks (other credit organizations) for the payment of wages for the past month, and by the insurant who is obliged to pay insurance premiums on the basis of civil - legal contracts, - within the period established by the insurer.
Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums. Collection of arrears and penalties
1. If the insured pays insurance premiums at a later date than the established deadlines, he shall pay penalties in the manner and in the amount established by this Article.
Penalties are charged for each calendar day of delay in payment of insurance premiums.
Penalties are accrued in excess of the amounts of insurance premiums and other payments due to the insurer and regardless of the collection of fines from the insured, provided for in paragraph 1 of Article 19 of this Federal Law.
2. Penalties are accrued from the day following the established day of payment of insurance premiums, and up to the day of their payment (collection), inclusive.
The day of payment of insurance premiums is the day the policyholder submits to the bank (other credit institution) a payment order for the transfer of insurance premiums if there is a sufficient cash balance on the account of the policyholder, and in case of payment in cash - the day of payment to the bank (other credit institution) or the cash desk of the local authority self-government or the organization of the federal postal service of a sum of money on account of the payment of insurance premiums.
Insurance premiums are not considered paid if the policyholder revokes or returns the bank (other credit institution) of the payment order for the transfer of insurance premiums, as well as if at the time the policyholder submits the payment order for the transfer of insurance premiums, the policyholder has other unfulfilled claims against the account, which, in accordance with the legislation of the Russian Federation, are executed as a matter of priority, but do not have sufficient funds on the account to satisfy all requirements.
3. Penalty is not charged if the policyholder confirms that he could not pay the arrears due to the suspension of operations on his bank accounts or the seizure of his property.
4. Penalties are determined as a percentage of the arrears.
Arrears are recognized as the amount of insurance premiums not paid within the established period.
The interest rate of penalties is set at one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, which was in effect at the time of the formation of the arrears.
When changing the specified refinancing rate, the amount of penalties based on the new refinancing rate is determined from the day following the day of its change.
5. Penalties are paid by the insured simultaneously with the payment of insurance premiums, and in case of insufficient funds from the insured, after payment of insurance premiums in full.
6. Arrears and penalties may be collected by the insurer from the insured forcibly at the expense of money and other property of the insured.
Collection of arrears and penalties from the insurant - an individual is carried out in court.
The collection of arrears and penalties from the insured - 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 in the accounts of the insured in a bank (other credit organizations), by sending a collection order (instruction) to transfer the arrears and penalties to the bank (other credit institutions) where the accounts of the specified insurant are opened.
The collection order (instruction) of the insurer on the transfer of arrears and penalties to the bank (other credit organizations) must contain an indication of the accounts of the insured from which the insurance premium 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 may be made from the ruble settlement (current) and (or) currency accounts of the insured, 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 recover arrears and penalties at the expense of other property of the insured - a legal entity by sending an appropriate decision to the bailiff.
Article 22.2. Obligations of banks (other credit institutions) related to accounting for insurers, execution of instructions for the transfer of funds of compulsory social insurance against accidents at work and occupational diseases, and liability for their failure to comply
3. The term for the execution by banks (other credit organizations) of the policyholder's instruction to transfer insurance premiums to the insurer or the collection instruction (instruction) of the insurer to collect insurance premiums from the policyholder - a legal entity is one business day from the day following the day of receipt of such instruction.
If banks (other credit institutions) violate the deadline for fulfilling the policyholder's order to transfer insurance premiums to the insurer, as well as if banks (other credit organizations) fail to execute the collection order (instruction) of the insurer to collect insurance premiums from the policyholder - a legal entity, if there are sufficient funds on the account of the specified of the insured, the insurer collects from banks (other credit institutions) a penalty in the amount of one hundred and fiftieth of 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 institutions) 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 is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.
Article 23
1. In the event of reorganization of an insured that is 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 accidents at work and occupational diseases
1. Insurers, 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, as well as accounting reports.
On a quarterly basis, no later than the 15th day of the month following the expired quarter, the insurers submit reports to the insurer at the place of their registration in accordance with the established procedure in the form established by the insurer.
2. State quarterly statistical reports of insurers on industrial injuries, occupational diseases and related material costs are submitted in the manner established by the Government of the Russian Federation.
3. The insured and its officials bear the responsibility established by the legislation of the Russian Federation for failure to submit or unreliability of statistical and accounting reports.
Article 25. Accounting and reporting of the insurer
Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law are credited to the unified centralized account of the insurer in the institutions of the Central Bank of the Russian Federation and are spent for the purposes of this type of social insurance.
Operations on the unified centralized account of the insurer are carried out in accordance with the rules of the Central Bank of the Russian Federation. Credit institutions 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 subjects of insurance and the fulfillment of their duties by them is 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 appropriations from the federal budget - also by the federal executive body in the field of finance.
2. At least once a year, the insurer ensures that its financial and economic activities are audited by a specialized audit organization that has an appropriate license.
3. Public control over the observance of the legitimate 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 the insurance rates necessary for the formation of funds for the implementation of 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 insurers, register the persons who should be entitled to receive insurance security, transfer to the insurer, in the form established by it, information about these persons by insurants and insurance organizations, and also carry out organizational work on preparation for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law.
Article 28. Transitional provisions
1. Persons who, before the entry into force of this Federal Law, received an injury, an occupational disease, or other damage to health related to the performance of their labor duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, insurance is carried out by the insurer in accordance with this Federal Law, regardless of the timing of the injury, occupational disease or other damage to health.
The insurance coverage established by the said persons upon the entry into force of this Federal Law cannot be lower than the compensation for damage caused by injury, occupational disease or other damage to health associated with the performance of labor duties established by them earlier in accordance with the legislation of the Russian Federation.
Examination of professional ability to work in institutions of medical and social expertise of persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health associated with the performance of their labor duties by these persons, is carried out within the time limits established before the entry into force of this Federal Law. Examination of professional ability to work can be carried out earlier than the specified terms at the request of the insured.
2. Registration of policyholders by the insurer is carried out within 10 days after the entry into force of this Federal Law.
3. The insurer shall not be liable for the liquidation of debts resulting from the failure by employers or insurance organizations to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health damage, and to pay a penalty for the delay in liquidating these debts, if such debts arose before the entry into force by virtue of this federal law. Employers and insurance organizations remain obligated to liquidate these debts and pay a penalty fee in the amount of 1 percent of the unpaid amount of compensation for the above damage for each day of delay until the day this Federal Law enters into force. Penalty for the delay in the liquidation of debts formed 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 damage indicated above for each day of delay.
4. Payments capitalized in connection with the liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties, made to insurance companies before the entry into force of this Federal Law, are transferred to the insurer in 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 day of its entry into force. At the same time, the documents confirming the right of the victims (including persons entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm are transferred to the insurer.
5. The persons specified in clause 1 of this article are provided with full insurance coverage in accordance with this Federal Law, regardless of whether capitalization of payments was made upon liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties.
Article 29
Recognize as invalid from the date of entry into force of this Federal Law:
Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-I "On approval of the Rules for compensation by employers of harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council Russian Federation, 1993, N 2, item 71), with the exception of the first and second paragraphs of paragraph 2;
Rules for compensation by employers of 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-I (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation , 1993, N 2, item 71);
Article 1 of the Federal Law "On the Introduction of Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers for Harm Caused to Employees by Mutilation, Occupational Disease, or Other Damage to Health Associated with the Performance of Their Job Duties" (Collected Legislation of the Russian Federation, 1995, No. 48, Art. 4562).
Article 30
2. No longer valid
4. To introduce the following addition into the Criminal Executive Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1997, N 2, Art. 198):
Part four of Article 44 shall be supplemented with the words "and monthly insurance payments for compulsory social insurance against accidents at work and occupational diseases".
Article 31
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.
Instruct the Government of the Russian Federation to adopt the regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.
President of the Russian Federation B. Yeltsin
Moscow Kremlin
a one-time insurance payment to the insured person or persons entitled to receive such payment in the event of his death;
Monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;
3) in the form of payment of additional costs associated with the medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:
Medical care (primary health care, specialized, including high-tech, medical care) to the insured, provided on the territory of the Russian Federation immediately after a severe accident at work until the restoration of working capacity or the establishment of a permanent loss of professional ability to work;
Acquisition of medicines for medical use and medical devices;
Extraneous (special medical and domestic) care for the insured, including those carried out by members of his family;
The travel of the insured and the travel of the person accompanying him, if the escort is due to medical indications, in order to obtain medical care immediately after a serious accident at work until the restoration of working capacity or the establishment of a permanent loss of professional ability to work, including medical rehabilitation, for sanatorium treatment in medical organizations(health resort organizations), receiving a vehicle, for ordering, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, rehabilitation equipment, as well as in the direction of the insurer for examination (re-examination) federal agency medical and social examination and examination of the relationship of the disease with the profession by the institution that carries out such examination;
Sanatorium and resort treatment in medical organizations (sanatorium and resort organizations), including payment for medical care provided for preventive, therapeutic and rehabilitation purposes based on the use of natural medical resources, including in conditions of stay in medical and recreational areas and resorts, as well as also accommodation and meals of the insured, accommodation and meals of the person accompanying him in case the accompaniment is due to medical indications, payment for the insured’s vacation (in excess of the annual paid vacation established by the legislation of the Russian Federation) for the entire period of sanatorium treatment and travel to the place of sanatorium treatment and back;
Manufacture 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 relevant medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;
Vocational training and additional professional education.
2. Payment of additional expenses provided for by subparagraph of paragraph 1 of this article, with the exception of payment of expenses for medical care (primary health care, specialized, including high-tech, medical care) to the insured immediately after a severe accident at work, is made by the insurer, if the institution of medical and social expertise establishes that the insured person needs, in accordance with the program for the rehabilitation of the victim as a result of an accident at work and an occupational disease, 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.
Individuals sentenced to deprivation of liberty and involved in labor by the insured, during the period of serving their sentence, insurance coverage is provided in the form of payment for additional costs associated with the provision of medical care (with the exception of medical rehabilitation) and social rehabilitation in accordance with paragraphs two, three, seventh and eighth of subparagraph 3 of paragraph 1 of this article.
If the insured person simultaneously has the right to free or preferential receipt 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 granted the right to choose the appropriate type of assistance, provision or care one by one. basis.
3. Harm caused to the life or health of an individual in the performance of obligations under a civil law contract, the subject of which is the performance of work and (or) the provision of services, an author's order contract, in accordance with which the customer's obligation to pay insurance premiums to the insurer is not provided for, compensated by the inflictor of harm in accordance with the legislation of the Russian Federation.
Compensation to the insured person for moral damage caused in connection with an accident at work or an occupational disease is carried out by the tortfeasor.
Judicial practice under article 8 of the Federal Law of July 24, 1998 No. 125-FZ
Decision dated September 16, 2019 in case No. А70-6264/2019
Arbitration Court of the Tyumen Region (AC 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, among other things, in the form of payment of additional costs associated with the medical, social and professional rehabilitation of the insured in the presence of direct consequences ...
Decision dated September 13, 2019 in case No. А32-26998/2019
Arbitration Court of the Krasnodar Territory (AC of the Krasnodar Territory) - Administrative
The essence of the dispute: Contesting non-normative legal acts, decisions and actions (inaction) of state non-budgetary bodies
Social insurance against accidents at work and occupational diseases in accordance with paragraph 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 for additional costs associated with the medical, social and professional rehabilitation of the insured in the presence of direct consequences ...
Decision No. 3A-277/2019 3A-277/2019~M-246/2019 M-246/2019 dated September 6, 2019 in case No. 3A-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 on ...
Resolution No. 44G-288/2019 4G-3813/2019 dated 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 provided that compensation to the insured person for moral damage caused in connection with an accident at work or an occupational disease is carried out by the tortfeasor (Part 3, Article 8 of the Federal Law of July 24, 1998 No. 125-FZ). By virtue of h. 2 Article. 5 of the Labor Code of the Russian Federation in collective agreements, agreements, as well as in local regulatory ...
Decision dated August 30, 2019 in case No. А33-4557/2019
Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)
For other work required by him in accordance with a medical certificate issued in accordance with the procedure established 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 absence of an appropriate job for the employer (parts three and four of article 73 of the Labor Code of the Russian Federation). 7.3. 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 actual circumstances of causing non-pecuniary damage, individual characteristics and other specific circumstances indicating the severity of the suffering he endured. In accordance with paragraph 2 h.3 Article. 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 for moral damage caused ...