Persons subject to compulsory social insurance: specifics and fundamental principles. Who is not subject to compulsory social insurance

(in ed. federal law dated 24.07.2009 N 213-FZ)

1. Mandatory social insurance in case of temporary disability and in connection with motherhood, citizens are subject to Russian Federation, foreign citizens and stateless persons permanently or temporarily residing on the territory of the Russian Federation, as well as foreign citizens and stateless persons temporarily residing in the Russian Federation (with the exception of highly qualified specialists in accordance with Federal Law of July 25, 2002 N 115-FZ " O legal status foreign citizens In Russian federation"):

(as amended by Federal Law No. 407-FZ of December 1, 2014)

1) persons working under labor contracts, including heads of organizations who are the sole participants (founders), members of organizations, owners of their property;

(As amended by Federal Law No. 379-FZ of December 3, 2011)

2) state civil servants, municipal employees;

3) persons holding public positions of the Russian Federation, public positions of a constituent entity of the Russian Federation, as well as municipal positions filled on a permanent basis;

4) members of the production cooperative, taking personal labor participation in its activities;

5) clergy;

6) persons sentenced to deprivation of liberty and involved in paid work.

2. Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with this Federal Law are insured persons.

3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals, not recognized individual entrepreneurs(notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of indigenous peoples of the North, Siberia and Far East of the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with motherhood if they have voluntarily entered into a relationship of compulsory social insurance in case of temporary disability and in connection with motherhood and pay for themselves insurance premiums in accordance with Article 4.5 of this Federal Law.

(as amended by Federal Law No. 164-FZ of June 27, 2018)

4. Insured persons are entitled to receive insurance coverage subject to the conditions provided for by this Federal Law, as well as by the Federal Law "On state benefits citizens with children" and the Federal Law "On Burial and Funeral Business". Persons who have voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with motherhood, acquire the right to receive insurance coverage, subject to payment of insurance premiums during the period defined by Article 4.5 of this Federal Law.

4.1. Foreign citizens and stateless persons temporarily staying in the Russian Federation (with the exception of highly qualified specialists in accordance with the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation") are entitled to receive insurance coverage in in the form of temporary disability benefits, subject to the payment of insurance premiums for them by the insurers specified in Part 1 of Article 2.1 of this Federal Law, for a period of at least six months preceding the month in which the insured event occurred.

(Part 4.1 was introduced by Federal Law No. 407-FZ of December 1, 2014)

5. Persons working under labor contracts, for the purposes of this Federal Law, shall be recognized as persons who have concluded an employment contract in accordance with the established procedure from the day on which they were supposed to start work, as well as persons actually admitted to work in accordance with labor legislation.

6. Legislative, regulatory legal acts of the Russian Federation, the constituent entities of the Russian Federation, other payments may also be established to provide for federal state civil servants, state civil servants of the constituent entities of the Russian Federation in case of temporary disability and in connection with motherhood, financed accordingly at the expense of federal budget, budgets of subjects of the Russian Federation.

The federal law "On compulsory social insurance in case of temporary disability and in connection with motherhood" - N 255-ФЗ - specializes in regulating legal relations in the system of compulsory social security. insurance when there are situations of temporary disability and in connection with motherhood. Regulates the rights and obligations of subjects of compulsory social. maternity and temporary disability insurance. Determines the size, sequence, conditions for ensuring the state financial aid for pregnancy and childbirth, temporary disability, monthly allowance for childcare, persons obligated to social. to be insured in case of temporary disability and in connection with motherhood.

Federal Law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" of 2015 No. 255-FZ was adopted on December 20, 2006.

Article 2. Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood

1. Citizens of the Russian Federation, foreign citizens and stateless persons permanently or temporarily residing in the Russian Federation, as well as foreign citizens and stateless persons temporarily staying in the Russian Federation (for with the exception of highly qualified specialists in accordance with the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation"):

(see text in previous edition)

1) persons working under labor contracts, including heads of organizations who are the sole participants (founders), members of organizations, owners of their property;

(see text in previous edition)

2) state civil servants, municipal employees;

3) persons holding public positions of the Russian Federation, public positions of a constituent entity of the Russian Federation, as well as municipal positions filled on a permanent basis;

4) members of the production cooperative, taking personal labor participation in its activities;

5) clergy;

2. Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with this Federal Law are insured persons.

3. Lawyers, individual entrepreneurs, members of peasant (farmer) households, individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of indigenous small the peoples of the North, Siberia and the Far East of the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with motherhood if they voluntarily entered into a relationship for compulsory social insurance in case of temporary disability and in connection with motherhood and pay insurance premiums for themselves in accordance with article 4.5

(see text in previous edition)

4. Insured persons are entitled to receive insurance coverage subject to the conditions provided for by this Federal Law, as well as the Federal Law "On State Benefits to Citizens with Children" and the Federal Law "On Burial and Funeral Business". Persons who voluntarily entered into relations under compulsory social insurance in case of temporary disability and in connection with motherhood acquire the right to receive insurance coverage, subject to the payment of insurance premiums within the period specified in Article 4.5 of this Federal Law.

5. Persons working under labor contracts, for the purposes of this Federal Law, shall be recognized as persons who have concluded an employment contract in accordance with the established procedure, from the day from which they were supposed to start work, as well as persons actually admitted to work in accordance with labor legislation.

6. Legislative, regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation may also establish other payments for the provision of federal state civil servants, state civil servants of the constituent entities of the Russian Federation in case of temporary disability and in connection with motherhood, financed accordingly at the expense of the federal budget, budgets subjects of the Russian Federation.

Compulsory social security is special system measures established by the state aimed at providing social workers to citizens in the event of an unforeseen change in their financial situation due to the occurrence of disability.

Based on this, the legislative norms determined the persons subject to compulsory social insurance, who have the right to receive appropriate security, in the event of a insured event.

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Key points

As provided for by the compulsory social insurance provisions, risks for compulsory social insurance in case of disability of a temporary type is considered to be a short loss of earnings or a number of other payments by the insured subject due to the occurrence of an insured event.

The legislation establishes three fundamental characteristics of an insured event, namely:

Properly confirmed fact of a health disorder.
The victim must have the status of an insured subject.
The presence of a direct connection between the fact of causing harm to health and the occurrence of an accident precisely at work.

The discrepancy between the incident and any one of the listed points deprives the insured subject of the opportunity to receive the insurance compensation due to him.

The provisions set out in Art. 2 of the Federal Law "On Compulsory Social Insurance" defines subjects subject to compulsory social insurance, which include:

Entities carrying out activities under labor contracts, including heads of companies that are direct owners the property of the latter.
Subjects in the state civil service, as well as employees of municipalities.
Entities that are members of a production cooperative.
Subjects with the status of clergy.
Subjects sentenced to imprisonment, but at the same time involved in activities subject to payment.
Lawyers, and private practitioners.
Individual entrepreneurs and participants of farms.
Members of tribal communities of a few northern peoples who have voluntarily entered into social insurance relations.

Social insurance at work

The state also implements mandatory protection from various kinds of accidents that occur at the workplace and from diseases of professional origin.

The fundamental principles and general tasks of all this are enshrined in the law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases".

The standards fixed in Article 5 of the above-mentioned act determine specific persons subject to compulsory social insurance from accidents, namely:

Individuals working under a contract with an insured.
Individuals sentenced to imprisonment, however, at the same time involved in labor activity.
Individuals engaged in labor activities under a civil law type agreement, if, in accordance with the latter, the insured is obliged to make contributions to the FSS.

The insured here means a legal entity (individual) employing the above-mentioned entities.

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Social security provision

According to legislative regulations, persons subject to compulsory social insurance at work have the right to receive appropriate social insurance coverage, namely:

Benefits (from the FSS) for temporary disability paid due to an insured event.
Lump-sum insurance payment for an insured event.
Insurance payments (having a monthly frequency) to the affected subject.
Payment of additional costs associated with the medical and socio-professional rehabilitation of the insured subject.
Compensation for lost earnings under a civil law contract (which did not stipulate the employer's obligation to pay insurance premiums) is carried out by the tortfeasor.

It is quite obvious that the circle of persons to whom the provisions of compulsory social insurance apply is quite extensive.

1. Compulsory social insurance against accidents at work and occupational diseases are subject to:

individuals performing work on the basis of an employment 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.

47. Compensation for damage to victims. The amount of the monthly insurance payment.
Monthly insurance payments are paid to the insured during the entire period of loss of professional ability to work, and in the event of the death of the insured to persons entitled to receive them:

minors - until they reach the age of 18;

students over 18 years old - until graduation from educational institutions according to 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, if at the time of the death of the insured they were dependent on him;

Disabled persons who were dependents of the deceased at the time of his death as a result of an accident at work - 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 a change in his state of health.

The amount of the monthly insurance payment is determined as the share of the average monthly earnings of the insured before the insurance, calculated in accordance with the degree of loss of his professional ability to work.

When calculating the earnings lost by the insured as a result of an insured event, all types of payment for his labor (income) are taken into account both at the place of his main job and part-time. Lump-sum payments are not taken into account, in particular, compensation for unused vacation, the amount of severance pay upon dismissal, vacation.

The amount of remuneration under civil law contracts and the amount of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary incapacity for work or maternity leave, allowances paid on the specified grounds are taken into account.

For the provision of false information on the size of the average wage, the heads and chief accountants of the organizations causing harm bear legal responsibility.

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 based on his average monthly earnings minus the shares attributable to himself and able-bodied persons who are dependent on him, but who are not entitled to receive insurance payments.

Maximum size monthly insurance payment is established by the Federal Law on the budget of the Social Insurance Fund of the Russian Federation for the next fiscal year. According to Article 7 of the Federal Law of November 28, 2009, No. 292-FZ, in 2010 the amount of the monthly insurance payment calculated in accordance with Art. 12 of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" cannot exceed 49,520 rubles.

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. Monthly insurance payments are made on the basis of the order of the regional department directly to the victim or persons entitled to insurance coverage in the event of the death of the insured.

The basis for the appointment of monthly insurance payments against industrial accidents and occupational diseases are the following documents:

application of the insured regional office;

an act on an accident at work or an occupational disease; the conclusion of the institution of medical and social expertise on the establishment - the degree of loss of professional ability to work, or, in the event of the death of the insured

a copy of the death certificate and the conclusion of the institution of medical and social expertise on the connection between the death of the victim and the accident at work;

conclusion of the center of occupational pathology on the presence of an occupational disease;

a statement of the average monthly wages the insured;

· a statement on the choice of the period of average monthly earnings for the calculation of the monthly insurance payment;

certificate of the period of payment of benefits for temporary disability in connection with an accident at work or occupational disease;

a copy of the work book (certified) or other document confirming that the victim is in an employment relationship with the insured;

· civil contract providing for the payment of insurance premiums; conclusion of the institution of medical and social expertise on required types social, medical and vocational rehabilitation of the insured (PRP).

a certificate of severity (315y);

a certificate of the final diagnosis (316u);

· a certificate from the housing maintenance authority, and in its absence from the local government authority, on the composition of the deceased insured person;

· certificate of disabled family members of the deceased insured person;

· a document confirming the fact of being dependent on the deceased insured person or the established rights to receive maintenance from him;

· a certificate from an educational institution stating that a family member of the deceased insured person who is entitled to receive insurance benefits is studying at an educational institution full-time;

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 years or have reached the specified age, but according to the conclusion of the institution of medical and social expertise or medical treatment - a preventive institution recognized as needing outside care for health reasons, does not work.

Article 2. Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood

checked today
law dated 08.01.2020
entered into force on 01.01.2007

Art. 2 Law on social insurance 255-FZ in the latest the current edition dated July 8, 2018.

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 01/01/2015 01/01/2012 01/01/2010 01/01/2007

Citizens of the Russian Federation, foreign citizens and stateless persons permanently or temporarily residing in the Russian Federation, as well as foreign citizens and stateless persons temporarily residing in the Russian Federation (with the exception of highly qualified specialists in accordance with the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation"):

1) persons working under labor contracts, including heads of organizations who are the sole participants (founders), members of organizations, owners of their property;
2) state civil servants, municipal employees;
3) persons holding public positions of the Russian Federation, public positions of a constituent entity of the Russian Federation, as well as municipal positions filled on a permanent basis;
4) members of the production cooperative, taking personal labor participation in its activities;
5) clergy;
6) persons sentenced to deprivation of liberty and involved in paid work.

Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with this Federal Law are insured persons.

Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of indigenous peoples of the North , Siberia and the Far East of the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with motherhood if they voluntarily entered into a relationship for compulsory social insurance in case of temporary disability and in connection with motherhood and pay insurance premiums for themselves in accordance with with article 4.5

Insured persons are entitled to receive insurance coverage subject to the conditions stipulated by this Federal Law, as well as the Federal Law "On State Benefits to Citizens with Children" and the Federal Law "On Burial and Funeral Business". Persons who voluntarily entered into relations under compulsory social insurance in case of temporary disability and in connection with motherhood acquire the right to receive insurance coverage provided that insurance premiums are paid within the period specified in Article 4.5 of this Federal Law.

Foreign citizens and stateless persons temporarily staying in the Russian Federation (with the exception of highly qualified specialists in accordance with the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation") are entitled to receive insurance coverage in in the form of temporary disability benefits, subject to the payment of insurance premiums for them by the insurers specified in Part 1 of Article 2.1 of this Federal Law, for a period of at least six months preceding the month in which the insured event occurred.

Persons working under labor contracts, for the purposes of this Federal Law, are recognized as persons who have duly entered into an employment contract from the day on which they were supposed to start work, as well as persons actually admitted to work in accordance with labor legislation.

Legislative, regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation may also establish other payments for the provision of federal state civil servants, state civil servants of the constituent entities of the Russian Federation in case of temporary disability and in connection with motherhood, financed accordingly at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation. Federation.