Article 19 125 fz of July 24, 1998. Legislative framework of the Russian Federation
State Duma
Federation Council
1.4. legal basis activities to prevent unauthorized departures of children from families and state organizations, organizing their search and individual preventive work with them (hereinafter referred to as activities to prevent unauthorized departures of children) are: the UN Convention on the Rights of the Child, the Constitution of the Russian Federation, the Federal Law of July 24, 1998 . N 124-FZ "On the basic guarantees of the rights of the child in the Russian Federation", Federal Law of June 24, 1999 N 120-FZ "On the basics of the system for the prevention of neglect and juvenile delinquency" (hereinafter - the federal law of June 24, 1999 N 120-FZ), Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", Federal Law of February 7, 2011 N 3-FZ "On Police", Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care", Federal Law of April 2, 2014 N 44-FZ "On the participation of citizens in the protection of public order ", taking into account the powers of state authorities of the constituent entities of the Russian Federation, local governments provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Order of the Minister of Defense of the Russian Federation of March 15, 2011 N 333 (as amended on November 15, 2018) On the procedure for sanatorium and resort provision in the Armed Forces of the Russian Federation of July 24, 1998 N 124-FZ "On the basic guarantees of the rights of the child in the Russian Federation"; N 662 "On approval of the regulation on the implementation by federal executive bodies of the functions and powers of the founder of the federal autonomous institution", by letter federal agency management state property dated May 18, 2011 N YP-03 / 13989, it is necessary to send an appeal and a complete set of documents to the Ministry of Education and Science of Russia in accordance with the list of documents and requirements for their execution established by the above-mentioned order of the Ministry of Education and Science of Russia for approval by the Ministry of Education and Science of Russia of the transfer of federal property objects for rent, as well as to assess the consequences of making a decision to conclude a federal state organization, forming a social infrastructure for children, a lease agreement for federal property assigned to it (according to appendices N N 1 - to this letter).
Article 26.6. Collection of arrears on insurance premiums, as well as penalties and fines at the expense of Money located on the accounts of the insured - a legal entity or individual entrepreneur in banks (other credit organizations)
1. In case of non-payment or incomplete payment of insurance premiums within the established period, the obligation to pay insurance premiums shall be enforced by foreclosing money on the accounts of the insured - a legal entity or an individual entrepreneur in banks (other credit organizations).
2. The collection of insurance premiums is carried out by the decision of the territorial body of the insurer on the collection of insurance premiums (hereinafter referred to as the decision to collect) by sending to the bank (other credit organization) in which the accounts of the insured - a legal entity or individual entrepreneur are opened, instructions of the territorial body of the insurer to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the insured - a legal entity or an individual entrepreneur.
3. Before making a decision on recovery territorial body The insurer sends the policyholder a claim for payment of arrears on insurance premiums, penalties and fines in accordance with Article 26.9 of this Federal Law.
4. The form of the decision to collect is approved by the insurer in agreement with the federal executive body that performs the functions of developing public policy and legal regulation in the field of social insurance.
5. The decision to collect is made by the territorial body of the insurer after the expiration of the period specified in the claim for the payment of insurance premiums, but no later than two months after the expiration of the specified period, unless other periods are established by this article.
6. The decision to collect is taken by the territorial body of the insurer in respect of one or more claims simultaneously.
7. If the unpaid amount of insurance premiums, penalties and fines specified in the claim does not exceed 500 rubles, the decision to collect is made by the territorial body of the insurer after the expiration of the period established in one or more claims for the payment of insurance premiums, but no later than one year and two months after the expiration of the earliest claim.
8. The decision to collect, taken after the expiration of the time limits established by paragraphs 5 and 7 of this article, is considered invalid and is not subject to execution.
9. If the deadlines established by paragraphs 5 and 7 of this article for making a decision on the collection of insurance premiums are missed, the territorial body of the insurer may apply to the court with an application to recover from the insurant - a legal entity or an individual entrepreneur the amount of insurance premiums due to be paid (hereinafter referred to as this article - application for recovery).
10. An application for recovery may be filed with the court within six months after the expiration of the term for fulfilling the claim for payment of insurance premiums, unless otherwise provided by this article.
11. If within one year and two months from the date of expiration of the period for fulfilling the earliest claim for payment of insurance premiums, such an amount of insurance premiums, penalties and fines did not exceed 500 rubles, the territorial body of the insurer applies to the court with an application for recovery within six months from the date of expiration of a period of one year and two months.
12. The deadline for filing an application for recovery, established by paragraphs 10 and 11 of this article, missed for a good reason, may be restored by the court.
13. The provisions of paragraphs 7 and 10 of this article do not apply to the procedure for collecting insurance premiums, penalties and fines from policyholders in respect of whom bankruptcy proceedings have been initiated in accordance with.
14. The decision to collect is brought to the attention of the insured - a legal entity or an individual entrepreneur within six days after the date of such a decision. The decision to collect can be transferred to the head of the organization (its authorized representative) or an individual (his legal or authorized representative) personally against receipt, sent by registered mail or sent to in electronic format through telecommunication channels. If the decision on recovery is sent by registered mail, it shall be deemed received after six days from the date of sending the registered letter. The formats, procedure and conditions for sending a decision on collection to the insured in electronic form via telecommunication channels are established by the insurer.
15. The instruction of the territorial body of the insurer to transfer the amounts of insurance premiums to the budget of the Social Insurance Fund of the Russian Federation is sent to the bank (other credit institution) in which accounts are opened for the insured - a legal entity or individual entrepreneur, including in electronic form, and is subject to unconditional execution bank (other credit organization) in the order established by the civil legislation of the Russian Federation.
The procedure for sending to a bank (other credit institution) an instruction from the territorial body of the insurer to transfer the amounts of insurance premiums to the budget of the Social Insurance Fund of the Russian Federation from the accounts of insurers in electronic form through the territorial bodies of the Federal Treasury is established central bank Russian Federation in agreement with the Federal Treasury and the insurer.
16. The direction to the territorial body of the Federal Treasury of the instruction of the territorial body of the insurer to write off and transfer the amounts of insurance premiums to the budget of the Social Insurance Fund of the Russian Federation in electronic form is carried out in the manner established by the Federal Treasury.
The instruction of the territorial body of the insurer to write off and transfer insurance premiums must contain an indication of those accounts of the insured - a legal entity or individual entrepreneur, from which the transfer of insurance premiums should be made, and the amount to be transferred.
17. Collection of insurance premiums may be made from settlement (current) accounts in the currency of the Russian Federation, and in case of insufficient funds on accounts in the currency of the Russian Federation - from the accounts of the insured - a legal entity or an individual entrepreneur in foreign currency.
18. The collection of insurance premiums from the accounts of the insured - a legal entity or an individual entrepreneur in foreign currency is made in an amount equivalent to the amount of payment in the currency of the Russian Federation at the exchange rate Central Bank Russian Federation, established on the date of sale of foreign currency. When recovering funds on accounts in foreign currency, the head (deputy head) of the territorial body of the insurer, simultaneously with the instruction of the territorial body of the insurer to transfer insurance premiums, sends an instruction to the bank (other credit organization) for the sale no later than the next day of the foreign currency of the insured - a legal entity or individual entrepreneur. Expenses associated with the sale of foreign currency are carried out at the expense of the insured.
19. Collection of insurance premiums from the deposit account of the insured is not carried out if the term of the deposit agreement has not expired. In the presence of the specified agreement, the territorial body of the insurer is entitled to give the bank (other credit institution) an instruction to transfer funds from the deposit account to the settlement (current) account of the insured upon the expiration of the term of the deposit agreement, if by this time the order sent to this bank (other bank) has not been executed. credit institution) an instruction from the territorial body of the insurer to transfer insurance premiums.
20. The instruction of the territorial body of the insurer to transfer insurance premiums shall be executed by the bank (other credit institution) no later than one business day following the day it receives said order if the collection of insurance premiums is made from accounts in the currency of the Russian Federation, and no later than two business days if the collection of insurance premiums is made from accounts in foreign currency, if this does not violate the order of priority of payments established by the civil legislation of the Russian Federation.
21. In case of insufficiency or absence of funds on the accounts of the insured - a legal entity or an individual entrepreneur on the day the bank (other credit institution) receives an instruction from the territorial body of the insurer to write off and transfer insurance premiums, such an instruction is executed as funds are received on these accounts, but not later than one business day following the day of each such receipt to accounts in the currency of the Russian Federation, and no later than two business days following the day of each such receipt to accounts in foreign currency, if this does not violate the order of priority of payments established by the civil legislation of the Russian Federation .
22. If there is insufficient or no money on the accounts of the insured - a legal entity or an individual entrepreneur or in the absence of information about the accounts of the insured - a legal entity or an individual entrepreneur, the territorial body of the insurer has the right to collect insurance premiums at the expense of other property of the insured - a legal entity or an individual entrepreneur in accordance with Article 26.7 of this Federal Law.
23. The provisions of this article shall apply to the collection of penalties for late payment of insurance premiums, as well as fines applied in cases provided for by this Federal Law.
"On compulsory social insurance against accidents at work 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, December 22, 2005, December 29, 2006, July 21, 2007, July 23, 2008 July 24, November 28, 2009, May 19, 2010 G.)
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
Tasks of compulsory social insurance against accidents at work 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;
security 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 constituent entities of the Russian Federation, local governments, as well as organizations and citizens hiring employees, have the right, in addition to compulsory social insurance provided for by this Federal Law, to carry out at the expense of own funds other types of employee insurance provided for by the legislation of the Russian Federation.
. Legislation of the Russian Federation on compulsory social insurance against accidents at work and occupational diseases
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.
Federal Law No. 152-FZ of December 1, 2004 amended Article 3 of this Federal Law
. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
object of compulsory social insurance against accidents at work and occupational diseases - property interests of individuals related to the loss of health, professional disability or death by these individuals as a result of an accident at work or occupational disease;
subjects of insurance - the insured, the policyholder, the insurer;
insured:
natural person subject to mandatory social insurance from accidents at work 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;
policyholder- 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- The Social Insurance Fund of the Russian Federation;
insurance case - 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;
industrial accident - an event as a result of which the insured received an injury or other damage to health in the performance of his 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 the place of work or returning from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;
Occupational Illness - chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and resulting in temporary or permanent loss of professional capacity for 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- the rate of the insurance premium from the accrued wages for all reasons (income) of the insured;
insurance provision - insurance compensation for damage caused as a result of the occurrence 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;
occupational 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 expenses for insurance provision, 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;
degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activity before the occurrence of an insured event.
. Basic principles of compulsory social insurance against accidents at work 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.
. 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.
Federal Law No. 160-FZ of July 23, 2008 amended Article 6 of this Federal Law. The amendments shall enter into force on January 1, 2009.
Federal Law No. 185-FZ of December 23, 2003 sets out Article 6 of this Federal Law in new edition which comes into force on January 1, 2004.
Federal Law No. 118-FZ of July 7, 2003 amended Article 6 of this Federal Law
. 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 prescribedfederal executive body authorized 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.
. Entitlement to insurance coverage
1. The right of the insured to insurance coverage arises from the day the insured event occurs.
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
Federal Law No. 132-FZ of October 23, 2003 amended Article 8 of this Federal Law
federal law No. 118-FZ of July 7, 2003 amended Article 8 of this Federal Law
Article 8 . Types of insurance coverage
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 in order to receive certain types medical and social rehabilitation (treatment immediately after a serious 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 an institution of medical and social expertise and to an institution that examines the relationship 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;
vocational training (retraining).
2. Payment of additional expenses provided for in subparagraph 3 of paragraph 1 of this article, with the exception of payment of expenses for the treatment of 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 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.
. The amount of benefits for temporary disability in connection with an accident at work or 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 .
. One-time 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. The earnings received by the insured after the occurrence of the insured event shall not be counted towards insurance payments.
federal law dated February 8, 2003 N 25-FZ established that in 2003 the amount of a lump sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases, provided for in Article 11 of this Federal Law, is determined in accordance with the degree of loss of the insured person's professional ability to work based on from the amount of 27 thousand rubles. In the event of the death of the insured, a one-time insurance payment is set at 27,000 rubles.
. The amount of a one-time insurance payment
Federal Law No. 259-FZ of December 29, 2006 reworded Item 1 of Article 11 of this Federal Law, which shall enter into force on January 1, 2007.
Federal Law No. 180-FZ of December 22, 2005 suspended paragraph 1 of Article 11 of this Federal Law for 2006 in terms of determining the amount of a lump sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases.
Federal Law No. 202-FZ of December 29, 2004 suspended Clause 1 of Article 11 of this Federal Law for 2005 with regard to determining the amount of a one-time insurance payment for compulsory social insurance against accidents at work and occupational diseases
federal law No. 25-FZ of February 8, 2003, paragraph 1 of Article 11 of this Federal Law was suspended for 2003 in terms of determining the amount of a lump sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases.
Federal Law No. 166-FZ of December 8, 2003 suspended Clause 1 of Article 11 of this Federal Law for 2004 in terms of determining the amount of a lump sum insurance payment for compulsory social insurance against accidents at work and occupational diseases
1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of professional capacity for work by the insured person, based on maximum amount established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next fiscal year. In the event of the death of the insured, the lump-sum insurance payment is set in the amount equal to the specified maximum amount.
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.
Federal Law No. 118-FZ of July 7, 2003 amended Article 12 of this Federal Law
federal law No. 25-FZ of February 8, 2003, the operation of paragraph 11 of Article 12 of this Federal Law was suspended for 2003 in terms of determining the amount of a lump sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases.
federal law No. 152-FZ of November 26, 2002 amended Item 11 of Article 12 of this Federal Law.
federal law No. 141-FZ of October 25, 2001 amended Item 8 of Article 12 of this Federal Law.
Article 12 . The amount of the 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. 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 amount established in accordance with the law living wage able-bodied population in general for the Russian Federation.
5. If the insured event occurred after the expiration of the employment contract (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 are taken into account, 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.
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 submitted.
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 based on 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.
The Federal Law of May 19, 2010 amended Item 10 of Article 12 of this Federal Law
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.
In connection with the increase in the cost of living and changes in the level of wages, the amount of earnings from which the amount of the monthly insurance payment is calculated increases taking into account the following coefficients:
for 1971 and previous periods - 11.2; for 1972 - 10.9; for 1973 - 10.6; for 1974 - 10.3; for 1975 - 10.0; for 1976 - 9.7; for 1977 - 9.4; for 1978 - 9.1; for 1979 - 8.8; for 1980 - 8.5; for 1981 - 8.2; for 1982 - 7.9; for 1983 - 7.6; for 1984 - 7.3; for 1985 -7.0; for 1986 - 6.7; for 1987 - 6.4; for 1988 - 6.1; for 1989 - 5.8; for 1990 - 5.5; for 1991 - 4.3.
The amount of earnings, from which the amount of the monthly insurance payment is calculated, additionally increases for the period up to January 1, 1991, taking into account the coefficient 6, from January 1, 1991 to December 31, 1991 - taking into account the coefficient 3.
In connection with the increase in the cost of living and changes in the level of wages, when calculating the amount of the monthly insurance payment, the amounts of earnings received for the period from January 1, 1992 to January 31, 1993, increase taking into account the coefficient 3.
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 restriction maximum size It applies to total amount 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.
Federal Law No. 118-FZ of July 7, 2003 amended Article 13 of this Federal Law
. Examination, re-examination of the insured by an institution of medical and social expertise
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. If the insured disagrees , insurer, policyholder with the conclusion of the institution of medical and social expertise, the said conclusion may be appealed by the insured, insurer, insured to 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.
. Accounting for the fault of the insured when determining the amount of monthly insurance payments
1. If during the investigation of the insured event by the commission for the investigation of the insured event it is established that 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 conclusion 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.
Federal Law No. 118-FZ of July 7, 2003 amended Article 15 of this Federal Law
. Appointment and payment of security for insurance
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 day of applying for insurance security shall be the day when the insured, his authorized person or a person entitled to receive insurance payments submits an application to the insurer 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 shall have 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.
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.
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.
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 required types 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 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.
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 said payments at the request of the insured are made by the insurer.
Chapter III. Rights and obligations of subjects of insurance
federal law No. 118-FZ of July 7, 2003 amended Article 16 of this Federal Law
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.
. 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.
Federal Law No. 160-FZ of July 23, 2008 amended Item 2 of Article 17 of this Federal Law. The amendments shall enter into force on January 1, 2009.
Federal Law No. 185-FZ of December 23, 2003 amended Item 2 of Article 17 of this Federal Law. The amendments shall enter into force on January 1, 2004.
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 the manner prescribed byfederal executive body authorized 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 an institution of medical and social expertise for an examination (re-examination) within the time limits 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) became invalid from January 1, 2010;
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;
Federal Law No. 213-F3 of July 24, 2009 amended subparagraph 17 of paragraph 2 of Article 17 of this Federal Law. The amendments shall enter into force on January 1, 2010.
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 accordance with the establishedthe federal executive body responsible for the development of state policy and legal regulation in the field of social insurance, form;
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.
Federal Law No. 192-FZ of July 21, 2007 amended Article 18 of this Federal Law. The amendments shall enter into force on January 1, 2008.
federal law No. 259-FZ of December 29, 2006 amended Item 2 of Article 18 of this Federal Law, effective from January 1, 2007.
federal law No. 185-FZ of December 23, 2003 amended Item 2 of Article 18 of this Federal Law, which shall enter into force on January 1, 2004.
federal law No. 118-FZ of July 7, 2003 amended Article 18 of this Federal Law
federal law No. 17-FZ of February 11, 2002 established that in 2002 subparagraph 5 of paragraph 2 of Article 18 of this Federal Law does not apply ;
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;
1.1) provide policyholders, on the basis of relevant agreements, with deferrals (installment plans) for repayment of amounts owed on insurance premiums and other payments, taking into account their financial condition and subject to the timely payment by them to the insurer of the current amounts of insurance premiums;
2) participate in the investigation of insured events, examination, re-examination of the insured in the institution of medical and social expertise and determining 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) expired on January 1, 2010;
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 financial stability system of compulsory social insurance against accidents at work and occupational diseases, including the formation of reserves 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 next financial year and planning period;
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.
federal law Article 18.1 of this Federal Law No. 118-FZ of July 7, 2003 was introduced additionally.
Article 18.1. Obligations of bodies carrying out registration of acts of civil status
Bodies carrying out registration of acts civil status, are obliged at their location to report to the insurer information on the facts of state registration of the death of the insured within 10 days after the registration of these facts.
Federal Law No. 185-FZ of December 23, 2003 amended Article 19 of this Federal Law. The amendments shall enter into force on January 1, 2004.
Federal Law No. 118-FZ of July 7, 2003 amended Article 19 of this Federal Law
. Liability of subjects of insurance
Federal Law No. 213-F3 of July 24, 2009 amended Item 1 of Article 19 of this Federal Law. The amendments shall enter into force on January 1, 2010.
1. The policyholder is liable for failure to perform or improper execution 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 to the 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.
Non-submission by the insured within the period established by this Federal Law of the established reporting to the insurer in the absence of signs of an offense provided for in paragraph seven of this paragraph, entails the collection of a fine in the amount of 5 percent of the amount of insurance premiums payable (additional payment) on the basis of this reporting, for each full or incomplete month from the date set for its submission, but not more than 30 percent of the specified amount and not less than 100 rubles.
Non-submission by the insured of the established reporting to the insurer within more than 180 calendar days after the expiration of the deadline for the submission of such reports established by this Federal Law shall entail the collection of a fine in the amount of 30 percent of the amount of insurance premiums payable on the basis of this reporting, and 10 percent of the amount of insurance premiums payable on the basis of of this reporting, for each full or incomplete month starting from the 181st calendar day, but not less than 1,000 rubles.
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 violations.
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 12 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 expenses for insurance security shall not be counted towards the payment of insurance premiums.
Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.
Chapter IV. Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases
. Formation of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases
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.
Federal Law No. 192-FZ of July 21, 2007 amended Article 21 of this Federal Law. The amendments shall enter into force on January 1, 2008.
federal law No. 152-FZ of December 1, 2004, Article 21 of this Federal Law is reworded
. Insurance rates
Insurance rates differentiated according to occupational risk classes are established by federal law.
The draft of such a federal law for the next financial year and planning period submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.
federal law No. 152-FZ of December 1, 2004, Article 22 of this Federal Law was amended
Federal Law No. 10-FZ of January 2, 2000 suspended the operation of Article 22 of this Federal Law until 2000 insofar as it concerns the establishment of a discount or premium to the insurance rate for the insured
. 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 entered into an employment contract with an employee on a monthly basis within the period established for receiving (transferring) funds from banks (other credit institutions) 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.
(Changed edition)
Ensuring the fulfillment of the obligation to pay insurance premiums. Collection of arrears and penalties
1. If the insured pays insurance premiums later than the established deadlines, he shall pay penalties in the manner and in the amounts 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 organization) a payment order for the transfer of insurance premiums, if there is sufficient cash balance on the account of the insured, and in case of payment in cash - the day of payment to the bank (other credit organization) or the cash desk of the local government or the organization of the federal postal service sum of money towards 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.
Federal Law No. 192-FZ of July 21, 2007 amended Item 3 of Article 22.1 of this Federal Law. The amendments shall enter into force on January 1, 2008.
3. Interest 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, as well as during the period of validity of the deferral (installment plan) of repayment of the amounts of debt on insurance premiums and other payments, provided in accordance with subparagraph 1.1 of paragraph 1 of Article 18 of this Federal Law.
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.
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 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 institutions) must contain an indication of the accounts of the insured from which the transfer should be made insurance premium for compulsory social insurance against accidents at work and occupational diseases, and the amount to be transferred.
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.
Federal Law No. 185-FZ of December 23, 2003 amended Article 22.2 of this Federal Law. The amendments shall enter into force on January 1, 2004.
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 organizations) is carried out by the insurer in a manner similar to the procedure for collecting penalties and fines 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.
. Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases in the event of reorganization or liquidation of the insured - a legal entity
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.
. Accounting and reporting on compulsory social insurance against accidents at work and occupational diseases
Federal Law No. 213-F3 of July 24, 2009 amended Item 1 of Article 24 of this Federal Law. The amendments shall enter into force on January 1, 2010.
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, not later than the 15th day of the month following the expired quarter, the insurers submit, in accordance with the established procedure, to the insurer at the place of their registration reports in the form established bythe federal executive body responsible for the development of state policy and legal regulation in the field of social insurance.
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 policyholder and his officials bear the responsibility established by the legislation of the Russian Federation for non-submission or unreliability of statistical and accounting reports.
. 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 commission for these operations.
. Control over the implementation of compulsory social insurance against accidents at work 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 federal budget- also 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 auditing 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
. 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 date of the official publication of this Federal Law, the insurer shall pre-registration policyholders, registration of persons who should be granted the right to receive insurance coverage, transfer to the insurer in the form established by him of information about these persons by insurants and insurance organizations, as well as organizational work is being carried out to prepare for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law.
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 damage 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.
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.
. Recognition as invalid of some legislative acts of the Russian Federation
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 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 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).
Federal Law No. 122-FZ of August 22, 2004 article 30, paragraph 3
federal law dated December 30, 2001 N 197-FZ article 30, paragraph 1of this Federal Law is declared invalid.
federal law dated July 17, 1999 N 181-FZ article 30, paragraph 2of this Federal Law is declared invalid.
Article 30 . On the introduction of amendments and additions to certain legislative acts of the Russian Federation
2. No longer valid
4. To introduce the following addition into the Penitentiary 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".
. Bringing regulatory legal acts in line with this Federal Law
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in accordance 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
"On Compulsory Social Insurance against Industrial Accidents 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:
- 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 - the fact of damage to the health of the insured as a result of an accident at work or an occupational disease, confirmed in accordance with the established procedure, 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 professional capacity for 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 provision - insurance compensation damage 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 accidents at work 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 the insured event occurs.
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 the event of the death of the insured, the following 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;
(as amended by Federal Law No. 132-FZ of October 23, 2003)
- vocational training (retraining).
2. Payment of additional expenses provided for in subparagraph 3 of paragraph 1 of this article, with the exception of payment of expenses for the treatment of 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 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. The earnings received by the insured after the occurrence of the insured event shall not be counted towards 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 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
In 2005, the amount of the monthly insurance payment calculated in accordance with this article cannot exceed 33,000 rubles. The established limitation applies when assigning or increasing monthly insurance payments after January 1, 2005. The amounts of monthly insurance payments exceeding 33,000 rubles as of January 1, 2005, do 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 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 premiums for compulsory social insurance against accidents at work and occupational diseases were accrued on it ), 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.
(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 subsistence level of the able-bodied population as a whole in the Russian Federation established in accordance with the law.
(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 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.
(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 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.
(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 conclusion 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 day of applying for insurance security shall be the day when the insured, his authorized person or a person entitled to receive insurance payments submits an application to the insurer 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 shall have 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 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):
(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 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.
(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, these payments are made by the insurer at the request of the insured.
(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 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.
(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 the ruling of the Constitutional Court of the Russian Federation of 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 an institution of medical and social expertise for an examination (re-examination) within the time limits 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 expertise and determining 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) 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 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 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.
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 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.
(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 expenses for insurance security shall not be counted towards the payment of insurance premiums.
Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.
(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 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
(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 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.
(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 policyholder pays insurance premiums later than deadlines he shall pay penalty interest 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 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 organizations) 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 of insurers 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 non-submission 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 professional 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 auditing 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
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" entered 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 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
- 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 damage to health, 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 organizations before the entry into force of this Federal Law, are transferred to the insurer within one months 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 legislative acts of the Russian Federation on compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties "(Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1995, N 48, art. 4562).
Article 30
1. Has expired. - Labor Code RF dated 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 Penitentiary 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 the insured event occurs.
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 federal institution of medical and social expertise (hereinafter referred to as the institution of medical and social expertise), or medical organization 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 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.
