St 16 340 fz from 03.08g. Association Self-regulatory organization "Bryansk Regional Association of Designers
What is signed about the property on 03.08.18?
Alexey Mazurov
Four Federal Laws with numbers 339-ФЗ, 340-ФЗ, 341-ФЗ and 342-ФЗ, which have made significant changes to all Federal Laws on Real Estate: Civil, Land, Urban Planning Codes, Federal Law "On State Registration of Real Estate" and the associated Federal Laws. Changes to many articles of the Federal Law, multi-page, so we will not burden the following with all sorts of numbers and letters of subparagraphs, let us indicate the essence.
1.3339-FZ and 340-FZ
Devoted to unauthorized buildings.
Just three years ago, article 222 was almost completely changed Civil Code on unauthorized constructions (Federal Law of 13.07.15 No. 258-ФЗ), and Federal Law of 03.08.18 No. 339-ФЗ and 340-ФЗ actually summarize the law enforcement practice on unauthorized buildings for the last three years, and also set a new direction for it.
At the same time, the state continues the inconsistency of its changes on unauthorized buildings, starting with the preservation of the provisions on them in civil law.
Article 222 of the Civil Code on unauthorized buildings appeared long before the Town Planning Code, which, in fact, should contain provisions on the construction and demolition of any buildings, including unauthorized. Oddly enough, until now they were not there at all, 340-FZ introduced them into it. But the 339-FZ is again almost completely changed (not repealed) the provisions of civil law on unauthorized buildings.
The state, on the one hand, by various legislative amendments and numerous court decisions denies the very right of unauthorized construction, the acquisition of rights to unauthorized buildings, their use, on the other hand, it preserves the provisions on them and the conditions for their legalization in the chapter of the Civil Code on the acquisition of property rights, with abundant use of land and urban development terminology in it. This inconsistency has now led to the erosion of provisions about the same thing - about unauthorized buildings - in different Federal Laws, which will complicate not only their application, but also the search.
Of the specific provisions of 339-FZ and 340-FZ, we note the following:
- Article 222 of the Civil Code returned the “approval” of construction, which was canceled in 2015, the absence of which is a self-sufficient sign of the unauthorized construction. With whom coordination - as before, is not specified. The legislation provides for at least two dozen coordinators for different buildings, in different places, at different stages of design.
- Not declared unauthorized, and therefore not subject to demolition, a building created in violation of the restrictions on the use of the land under it, if "the owner of this object did not know and could not know about the effect of these restrictions in relation to his land". Of course, this ignorance is the subject of proof and it is unlikely to be confirmed if building restrictions were provided for by an officially published normative act, for example, land use and development rules. Obviously, this innovation refers to restrictions or prohibitions on construction in different zones with special use of territories (ZOUIT). Indeed, in practice, there is a lot of debate about whether the ZAIT is set up around specific objects, from what date, whether by the proper authority, etc. Now, the buildings in the ZOUIT have more chances to remain not demolished.
- Authorities limited local government demolition of unauthorized buildings out of court. Now they are not entitled to demolish unauthorized buildings on the land plots of private owners, “except if the preservation of such buildings poses a threat to the life and health of citizens”; residential and garden houses; buildings, the rights to which are registered in Rosreestr. To demolish such unauthorized buildings you need judgment. The bodies of state land supervision, construction supervision, nature supervision and other state supervision are instructed to inform the local government at the location of the unauthorized construction about it, and that is the behavior in connection with such a message, in particular, the prohibition to amend the land use and development rules to legitimize unauthorized construction, to accept a decision to demolish an unauthorized building or go to court to demolish an unauthorized building.
- A procedure has been introduced for seizing a land plot with unauthorized construction. Allowed to provide "infrequent", incl. previously withdrawn land with unauthorized construction through an auction, and the obligation to demolish it should be assigned to the acquirer of such land.
- The case of the dispute on the demolition of an unauthorized building "must be considered by the arbitration court of the first instance within a period not exceeding one month from the date of receipt of the application by the arbitration court, including the time to prepare the case for trial and to decide on the case." A similar provision is introduced in the Code of Civil Procedure. And before them in recent years, the courts in most cases have made decisions on the demolition of unauthorized buildings. Now, such decisions, given the workload of judges and their lack of time to study the circumstances of the cases, will make such a majority overwhelming.
- It is fixed that the registration authority for real estate rights, if its fault is established by the court, compensates for losses incurred by the copyright holder of a building registered in the USRN and subsequently recognized as unauthorized. This innovation seems to be especially important, since so far the so-called “legal examination of documents”, carried out by the registration authorities for real estate rights, which seems to confirm the legality of the construction, including protect it from demolition, in practice, it turned out to be irrelevant, since the registration of buildings in Rosreestr did not impede decisions on their demolition as unauthorized, i.e. illegal, and attempts to recover damages from Rosreestr for substantial amounts turned out to be unsuccessful in the courts.
Along with the provisions on unauthorized buildings, 340-FZ introduced fundamentally new provisions on individual residential and garden houses (hereinafter - IZHS), in particular:
The new concept of private housing. Now the height of individual housing can be up to twenty meters. It is not indicated that IZHS is intended for one family, but it has been established that IZHS is not intended to be divided into independent real estate objects. The area of \u200b\u200bindividual housing construction in meters is not specified.
IZHS are exempted from the building permit, and therefore from the design of the GPZU and the scheme of the planning organization of the land plot, which was previously required. But at the same time IZHS made the subject of state construction supervision and its recognition as an unauthorized construction. Instead of a permit for the construction of individual housing construction, rules have been introduced for processing notifications of planned and constructed private housing construction, but with refusal grounds.
2. 341-FZ
Introduced a fundamentally new rules on public easements for the placement of linear objects on foreign land, including private owners, without their removal from the current owners, if the linear object is needed for the needs of the local population and will not lead to the impossibility and significant difficulty of the previous permitted use of the land, in particular:
- The provisions of the chapter 341-ФЗ of the chapter of the Land Code on public easements for linear objects are in many respects similar to the provisions of the chapter of the Land Code on withdrawal land plots for public needs under linear objects introduced by the Federal Law of December 31, 2014 No. 499-FZ.
- Canceled public hearings on public easement.
- A public easement to a land plot is considered established from the date of entering information about it in the USRN on the basis of a decision of the authorized body on its establishment, and not from the date of the subsequent agreement on a public easement between the owner of the land plot and a person who places a linear object on it under the conditions of a public easement.
- The public easement for a linear object on all land plots became paid, the size of the fee and losses from such an easement to the right holder of the land plot is calculated.
- A short deadline for challenging public easement has been introduced.
- The request for the redemption of a land plot overly burdened by a public easement, the right holder of the land plot shall have the right to present to the owner of such an easement, and not to the body that established it.
The possibility of building linear objects in the category of agricultural land without the preliminary transfer of the agricultural land to another category of land, which was canceled in July 2016, has been restored.
Also, 341-ФЗ has established that the provision of a land plot to accommodate only a linear object of state or municipal significance - not on the basis of a public easement, but on other rights - means its classification as industrial land and other special purposes, without a decision to transfer or assignment of such land to a certain category of land. Provisions on this are contained in Article 11 341-ФЗ and apply to all land categories, except for the land category of settlements and places where the placement of such linear objects is not allowed.
3. 342-FZ
Dedicated mainly to ZOUIT: security, sanitary, protective and other similar zones. But there are 342-FZ and other significant, concerning many, innovations.
There are still provisions on different types ZOUIT were in dozens of normative acts with weak generalization. 342-FZ introduced these generalizations.
The main innovations of 342-ФЗ:
- The types of ZOUIT are exhaustively listed, for the first time the minimum distances to the main gas pipelines are assigned to them.
- With respect to all the ZOITs, a requirement has been introduced to consider them established from the date their boundaries were entered into the USRN, but no later than 2022, the rules for entering the boundaries of the ZOUIT in the USRN and notifications on the establishment of the ZOUIT of the landowners who got into them are spelled out.
- New rules for compensation for losses to property owners in the ZUIT due to their establishment, including in cases of imposition on the land plot ZOUIT different types.
Also 342-ФЗ is not connected with the ZOIT:
- He expanded the composition of the grounds for refusing to amend the building permit.
- He ordered that the list of all types of permitted use of land plots established in the land use and development rules be entered into the register of USRN borders.
Assessing all these federal laws as a whole, we consider them more in the interests of various bodies (officials), rather than private individuals. Some bills for private individuals have been rejected.
In particular, there are still wide opportunities for recognizing buildings as unauthorized, but the opportunities for building some objects on some land plots, for example, private housing construction on agricultural land plots that were allowed until 2003, are not expanding: the State Duma recently rejected another bill on this . The extension of the grounds for refusing to amend the building permit is also not recognized in the interests of private developers.
The 2014 government bill on the abolition of land categories with the transition to territorial planning was rejected, although in 2018, territorial planning documents were adopted almost everywhere in the country. Preserving the division of land into categories significantly delays and increases the cost of many types of activities, including for which the state issued licenses, in particular, subsoil use.
The cancellation of building permits for private housing construction was outweighed by a “notice”, which in essence is not a notification, but an application for permission to build private housing construction, since the grounds for the “authorized body” were introduced in response to such a notification to refuse to build private housing construction with a message to the state construction supervision and state land supervision, those. to Rosreestr, so that the registration of ownership of IZHS is not held. They also plagued the recognition of individual housing construction by the unauthorized construction in an accelerated (one month) judicial procedure.
The public easement for placing a linear object in edition 341-ФЗ means that network or other organizations placing linear objects (pipelines, cables, overhead lines) can quickly and unexpectedly come to practically any land plot to the right holder of the land plot, and his the owner will have to part with his plans for its use or bargain / sue the “networker”. However, until now there have been very few court decisions on the demolition of linear objects as unauthorized buildings.
A linear object in conditions of a public easement is inevitably followed by its security zone, i.e. ZOUIT, which will further limit the use of its land, and losses from ZOUIT to be proven.
/ On the Federal Law of 03.08.2018 No. 340-ФЗ On Amendments to the Town Planning Code Russian Federation and certain legislative acts of the Russian Federation. ”On the Federal Law of 03.08.2018 No. 340-ФЗ “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”.
On August 7, 2018, the Federal Law of August 3, 2018 No. 340-FZ “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” entered into force.
The definition of urban development specified by law is supplemented by legal relations associated with the demolition of facilities capital constructionwhich is understood as liquidation of the capital construction object by its destruction (with the exception of destruction due to natural phenomena or illegal actions of third parties), dismantling and (or) dismantling of the capital construction object, including its parts.
The procedure for the demolition of capital construction projects is regulated by Chapter 6.4 of the Town Planning Code of the Russian Federation (as amended by Federal Law dated 03.08.2018 No. 340-ФЗ).
In addition, the law defines the object of individual housing construction - a separate building with the number of above-ground floors no more than three, no more than twenty meters high, which consists of rooms and auxiliary use rooms intended to satisfy citizens' household and other needs related to their living in such a building, and is not intended to be divided into independent real estate.
IN new edition Part 3 of Article 48 of the Town Planning Code of the Russian Federation is stated:
"3. Implementation of the training design documentation not required during construction, reconstruction of an individual housing project, garden house. The developer, on its own initiative, has the right to ensure the preparation of design documentation in relation to an individual housing project, a garden house. ";
The revision of paragraph 1 of part 2 of article 49 has been changed, according to which an expert examination is not required with regard to the design documentation of individual housing construction objects and garden houses.
Article 49 of the Town Planning Code of the Russian Federation is supplemented by parts 2.2 and 5.2 of the following content:
"2.2. In the event that the capital construction objects referred to in paragraphs 4 and 5 of part 2 of this article relate to objects of mass residence of citizens, examination of design documentation for the construction, reconstruction of these capital construction objects is mandatory. Criteria for classifying capital construction objects, referred to in paragraphs 4 and 5 of part 2 of this article, to objects of mass stay of citizens shall be approved by the federal executive body that exercises the functions of development and implementation public policy and legal regulation in the field of construction, architecture, urban planning. ";
"5.2. When examining the design documentation of a capital construction object that is not a linear object, its conformity is assessed with the requirements specified in paragraph 5 of this article and valid at the date of issue urban development plan the land plot on the basis of which such design documentation was prepared, provided that no more than one and a half years have passed from the indicated date. During the examination of the design documentation of a linear facility (unless the construction of a linear facility does not require the preparation of territory planning documentation), its compliance with the requirements specified in Part 5 of this Article and valid at the date of approval of the territory planning project is evaluated based on which such design documentation was prepared, provided that no more than one and a half years have passed from the indicated date. If more than one and a half years have passed from the date of issue of the urban development plan of the land plot or the date of approval of the project for planning the territory, during the examination of the project documentation, its compliance with the requirements specified in part 5 of this article and valid at the date of receipt of the project documentation for examination is evaluated. When conducting an examination of design documentation for a linear facility, for construction, the reconstruction of which does not require preparation of territory planning documentation, an assessment is made of the compliance of this design documentation with the requirements specified in Part 5 of this Article and valid on the date of receipt of design documentation for examination. ".
The law amended the procedure for sending notifications of planned construction or reconstruction of an individual housing project or garden house and obtaining permission for their construction or reconstruction (Article 51.1).
For members of a self-regulatory organization in the field of construction, reconstruction, overhaul and demolition of capital construction projects is introduced simple level of responsibility for which the minimum contribution in compensation fund compensation for damage per member of a self-regulatory organization in the field of construction, reconstruction, overhaul, demolition of capital construction projects, depending on the level of responsibility of a member of a self-regulatory organization is:
one hundred thousand rubles in the event that a member of a self-regulatory organization plans to carry out only the demolition of the capital construction object, not related to the construction, reconstruction of the capital construction object (clause 6 h.12. Article 55.16).
The minimum contribution to the compensation fund for securing contractual obligations in the event that a member of a self-regulatory organization expresses an intention to participate in the conclusion of construction contracts for demolition using competitive methods of concluding contracts corresponds to the level of responsibility of a member of a self-regulatory organization that has expressed its intention to participate in the conclusion of construction contracts Contracting using competitive contracting methods.
Last week, with the help of our St. Petersburg expert on the new Federal Law No. 340-ФЗ dated August 3, 2018, “On Amending the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”. The emphasis was placed on the fact that this next regulatory act of the authorities will add a “headache” to both the SRO and the National Associations. Then we . Both publications aroused great interest of the professional community, and most importantly - a lot of questions that continue to come to the editor. A group of our voluntary experts from two capitals agreed to answer questions from readers of the site on the application of the new law. And today we are starting to publish the answers of our experts.
QUESTION. In what period should SROs bring their documents in accordance with the provisions of Federal Law No. 340-FZ?
ANSWER. Federal Law of August 3, 2018 No. 340-ФЗ does not define a transitional period. This document entered into force on the date of publication - August 4, 2018.
Considering that the norms of the Federal Law actually provide for amendments to the constituent and internal documents of the SRO, as well as amendments to the by-laws of the Russian Federation, several possible options for the actions of the SRO are presented:
A) making changes in one step:
- carrying out general meeting members of SROs and meetings of its permanent collegial body after the entry into force of all by-laws and preparations, taking into account their requirements, draft SRO documents;
- preparation and introduction of amendments to the SRO documents, taking into account the requirements of Federal Law No. 340-FZ;
- preparation and introduction of amendments to the SRO documents, taking into account the requirements of by-laws.
ANSWER. In accordance with Part 1 of Article 55.6 of the Town Planning Code of the Russian Federation, a legal entity (including a foreign legal entity) and an individual entrepreneur may be accepted as members of a self-regulatory organization, subject to the conformity of such legal entities and individual entrepreneurs the requirements established by the self-regulatory organization to its members and the payment by such persons of the full amount of contributions to the compensation fund (s) of the self-regulatory organization, unless otherwise provided by this article.
Federal Law No. 340-FZ requires the SRO to establish requirements for its members who carry out only demolition of capital construction projects under work contracts, as well as the amount of the contribution to the compensation fund for ensuring contractual obligations in the form of a simple level of responsibility.
Based on the foregoing, the SRO has the right to admit to its members legal entities or individual entrepreneurs who carry out only demolition of capital construction projects under the contract, after the adoption and entry into force of the relevant internal documents of the SRO that require the persons who carry out only the demolition of objects under the contract capital construction.
QUESTION. Is there a separate right to demolish capital construction projects that the SRO can provide to its members?
ANSWER. Article 55.8 of the Town Planning Code of the Russian Federation has been amended almost throughout the text by Federal Law No. 340-FZ, starting with a change in the name of the article itself. Now, article 55.8 is referred to as follows: “The right of a member of a self-regulatory organization to carry out engineering surveys, prepare design documentation, construction, reconstruction, overhaul, demolition capital construction facilities. "
Also, amendments were made to part 1 of article 55.8 of the Town Planning Code of the Russian Federation:
"1. An individual entrepreneur or legal entity has the right to carry out engineering surveys, prepare project documentation, construction, reconstruction, overhaul demolitioncapital construction objects under a contract for engineering surveys, preparation of design documentation, under a construction contract, under a demolition contractconcluded with the builder, technical customer, person responsible for the operation of the building, structure, or regional operator, provided that such an individual entrepreneur or such legal entity is a member of a self-regulatory organization in the field of engineering surveys, architectural design, construction, reconstruction, respectively overhaul, demolition capital construction projects, unless otherwise provided by this Code. ”
At the same time, part 12 of article 55.16 of the Town Planning Code of the Russian Federation is supplemented by a new paragraph, which introduces a separate contribution to the compensation fund for compensation for harm:
“6) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out only the demolition of a capital construction project that is not related to the construction or reconstruction of a capital construction project (a simple level of responsibility of a member of a self-regulatory organization).”
Also in paragraph 1 the words are added: “1) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out construction, reconstruction (including the demolition of the capital construction object, its parts during construction, reconstruction), major repairs of the capital construction object (hereinafter for the purposes of this part, construction), the value of which under one contract does not exceed sixty million rubles (the first level of responsibility of a member of a self-regulatory organization). ”
As can be seen from the amended paragraph 1, the demolition of the capital construction project is an integral part of the right to build and reconstruct capital construction projects if the person also carries out construction and / or reconstruction of capital construction projects.
Based on the above norms, for persons carrying out only demolition of capital construction projects, the right under a contract for demolition concluded with the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator is an independent (separate) right that the SRO provides to your member.
FROM THE EDITOR. In the near future we will continue to publish the responses of our voluntary experts. And from all readers we expect new questions under Federal Law No. 340-FZ.
Your ZaNostroy.RF
on the occasion of the loss of the breadwinner - Section IV of the Law,
Citizens who, for whatever reason, do not have the right to a pension in connection with labor and other socially useful activities, are granted a social pension (Section VIII of the Law). Such a pension may be granted in appropriate cases instead of a retirement pension (at the request of the applicant).
Article 4. The right to pension of citizens of other union republics, foreign citizens and stateless persons
Citizens of other union republics living in the Russian Federation, foreign citizens and stateless persons are entitled to receive a pension on a common basis with citizens of the Russian Federation, unless otherwise provided by law or contract.
Article 5. The right to choose a pension
Citizens who are simultaneously entitled to various state pensions are assigned and paid one of them, of their choice.
The right to receive two pensions is granted:
a) citizens who became disabled due to military trauma (the Law), participants in the Great Patriotic War (subparagraphs “a” - “g” and the Federal Law “On Veterans”) who became disabled due to a general illness, work injury and other reasons (except for persons disability which occurred as a result of their illegal actions). They may be granted an old-age pension (or for length of service) and a disability pension;
b) the widows of servicemen who died in the war with Finland, the Great Patriotic War, the war with Japan, who did not enter into a new marriage. They may be granted an old-age pension (or disability pension, long service, social) and a survivor's pension - for the deceased husband.
c) the parents of military personnel who have been conscripted, who died (died) during military service or who died as a result of military trauma after leaving the military service (except in cases when the military personnel died as a result of their illegal actions).
He may be granted an old-age pension (disability pension, long service pension, social) and a survivor's pension (Law). At the same time, a survivor’s pension is established for each of the parents of the deceased (deceased) soldier.
Section 6. Applying for a pension
Citizens can apply for a pension at any time after the right to it arises, without any time limit and regardless of the nature of their occupation at the time of application.
Article 7. Calculation and increase of pensions in connection with the growth of wages in the country
In connection with the increase in wages in the country, pensions are subject to calculation and increase by applying the individual coefficient of a pensioner subject to the following conditions:
a) the individual coefficient of a pensioner is determined by multiplying the amount of the pension as a percentage, depending on the length of service, on the ratio of the average monthly earnings for the specified period from which the pension is calculated to the average monthly salary in the country for the same period.
The ratio of the average monthly salary of a pensioner to the average monthly salary in the country is established by dividing the average monthly salary of a pensioner for the corresponding period by the average monthly salary in the country for the same period.
In determining the individual coefficient of a pensioner, the ratio of the average monthly salary of a pensioner to the average monthly salary in the country is taken into account in the amount of not more than 1.2, regardless of the reason for the appointment of a pension, with the exception of cases of determining the individual coefficient of a pensioner to people living in the Far North or in areas equivalent to districts Far North.
When determining the individual coefficient of a pensioner to persons living in the Far North or in areas equivalent to the Far North regions, in which decisions of state authorities of the USSR or federal government bodies established district coefficients for wages, the ratio of the average monthly salary of a pensioner to the average monthly salary in country is taken into account in the following sizes:
not more than 1.4 - for persons living in the indicated areas and localities in which a district coefficient of up to 1.5 has been established for the wages of workers;
no more than 1.7 - for persons living in the indicated districts and localities in which a district coefficient of 1.5 to 1.8 has been established for the wages of workers;
no more than 1.9 - for persons living in the indicated districts and localities in which a district coefficient of 1.8 or more has been established for the wages of workers.
At the same time, if different regional coefficients for wages are established, when determining the individual coefficient of a pensioner, the coefficient for wages applicable in this district or locality for workers and employees of non-production sectors is taken into account.
Persons who have been granted a pension in accordance with the first part of Section 14 of the Law when leaving the Far North and areas equated to the Far North to a new permanent place of residence shall retain the amount of pension calculated using the corresponding ratio of the average monthly salary of a pensioner to the average monthly salary in the country indicated in the fourth paragraph of this paragraph.
Pensioners, with the exception of the persons specified in paragraph nine of this paragraph, when leaving the Far North and localities equivalent to the Far North to a new permanent place of residence, pensions are calculated using the individual pensioner coefficient, determined taking into account the ratio of the average monthly pensioner to the average monthly wage in a country not exceeding 1.2.
b) when determining the individual coefficient of a pensioner in accordance with this article, the calendar includes the periods of work, military and equivalent service provided for by it, and clause "g" of article 92 of the Law, as well as periods included in the length of service on the basis of clauses "a" and "e" of Article 92 of the Law. Moreover, the second part of Section 16 of the Law does not apply.
The size of the disability pension due to a general illness with full work experience (part two of Article 29 of the Law) may not exceed the size of the old-age pension assigned with full work experience (of the Law) of equal or greater duration;
c) an increase in the assigned pensions in connection with the increase in wages in the country is carried out four times a year from February 1, May 1, August 1 and November 1.
To increase the pension, the individual coefficient of the pensioner is applied to the average monthly wage in the country for the period from January 1 to March 31, if the increase is made from May 1; from April 1 to June 30, if the increase is made from August 1; from July 1 to September 30, if the increase is made from November 1; from October 1 to December 31 of the previous year, if the increase is made from February 1 of the next year.
In the same manner, the amount of the newly assigned or recalculated pension is determined on the grounds established by the Law;
d) the amount of the pension calculated in accordance with this article in all cases cannot be less than the corresponding minimum amount of the pension established by the Law;
e) the amount of the pension calculated in accordance with this article shall not be subject to restriction by the maximum amount established by the Law;
f) the minimum amount of the old-age pension (Article 17 of the Law) and, accordingly, the minimum sizes of other types of pensions are increased within the time periods stipulated by paragraph "c" of this article, while the new minimum amount of pension is determined by multiplying the current minimum size of the pension by the average monthly wage growth index in the country for the corresponding quarter. However, in all cases, the minimum amount of an old-age pension cannot be lower than the amount provided for in Section 17 of the Law;
h) to the pensioner performing paid work, the calculation and increase of the pension in accordance with this article shall be made from the 1st day of the month following the day in which the pensioner stopped performing the specified work.
The average monthly wage in the country for the periods specified in paragraph “c” of this article shall be approved by the Government of the Russian Federation on the proposal of the State Committee of the Russian Federation on Statistics no later than January 15, April 15, July 15 and October 15 of the corresponding year.
In cases where the amount of the pension calculated in accordance with this article does not reach the size stipulated by other provisions of the Law, the pensioner has the right to choose the calculation of the pension without applying an individual coefficient.
An increase in pensions calculated according to the norms of the Law without applying an individual coefficient is carried out within the time periods stipulated by paragraph "c" of this article, by indexing in accordance with the growth of the average monthly wage in the country.
Section 8. Funds for the payment of pensions
The financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund of the Russian Federation at the expense of insurance contributions of employers, citizens and appropriations from federal budget. When amendments and addenda are introduced into this Law that require an increase in expenses for the payment of pensions, the source of financial support for additional expenses shall be determined in the relevant federal law.
c) visually impaired group I: for men - at the age of 50 and with a total working experience of at least 15 years and for women - at the age of 40 and with a total working experience of at least 10 years;
d) citizens with pituitary dwarfism (liliput), and disproportionate dwarfs: men - at the age of 45 and with a total working experience of at least 20 years, women - at the age of 40 and with a total working experience of at least 15 years.
Section 12. Pension in connection with special working conditions
Pension in connection with special working conditions is established:
a) men - at the age of 50 and women - at the age of 45 if they respectively worked for at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and their total length of service of at least 20 and 15 years old.
Citizens who have at least half of their experience in underground work, in work with harmful working conditions and in hot shops are granted a pension with a decrease in the age provided for in Section 10 of the Law by one year for each full year of such work for men and women;
b) men - upon reaching 55 years old and women - upon reaching 50 years of age, if they worked respectively in jobs with difficult working conditions for at least 12 years, 6 months and 10 years and have the total length of service specified in Section 10 of the Law.
Citizens who have less than half their experience in working with difficult working conditions are granted a pension with a decrease in the age provided for in Section 10 of the Law by one year for every two years and six months of such work for men and for every two years of such work for women;
c) for women - upon reaching 50 years of age, if they have worked as tractor drivers-machinists in agriculture, other sectors of the national economy, as well as drivers of construction, road and loading and unloading machines for at least 15 years and have a total length of service specified in Section 10 of the Law;
d) for women - upon reaching 50 years of age, if they have been working for at least 20 years in the textile industry for jobs with increased intensity and heaviness.
e) for men - at the age of 55, women - at the age of 50, if they worked for at least 12 years, 6 months and 10 years, respectively, as working locomotive crews and workers individual categoriesdirectly organizing transportation and ensuring traffic safety in railway transport and the subway (according to the list of professions and positions), as well as truck drivers directly in the technological process at mines, mines, opencast mines and ore pits for the removal of coal, shale, ore, rock and have the total length of service specified in Section 10 of the Law;
f) men - at the age of 55, women - at the age of 50, if they worked for at least 12 years, 6 months and 10 years, respectively, in expeditions, parties, detachments in areas and in brigades directly in the field of geological exploration, prospecting, topography - geodesic, geophysical, hydrographic, hydrological, forest inventory and survey works and have a total length of service specified in Section 10 of the Law.
Moreover, the period of work directly in the field from six months to a year is taken into account for the year of work, less than six months - according to its actual duration, and for seasonal work - in accordance with Article 94 of this Law;
g) for men - at the age of 55, women - at the age of 50, if they worked for at least 12 years, 6 months and 10 years, respectively, as workers, foremen (including seniors) directly in logging and rafting, including servicing machinery and equipment (according to the list of professions, positions and industries), and have the total length of service specified in Article 10 of the Law;
h) for men - when they reach 55 years old, for women - when they reach 50 years old, if they worked respectively for at least 20 and 15 years as machine operators (dock-mechanics) of complex crews for loading and unloading operations in ports and have a total length of service specified in article 10 of the Law;
i) for men - when they reach 55 years old, for women - when they reach 50 years old, if they worked at least 12 years, 6 months and 10 years, respectively, in the crew on ships of the sea, river fleet and fleet of the fishing industry (except for port vessels, constantly working in the water area port, service and auxiliary, traveling, suburban and intra-urban communication) and have the total length of service specified in Section 10 of the Law;
j) for men - when they reach 55 years old and to women - when they reach 50 years old, if they worked as drivers of buses, trolleybuses, trams on regular city passenger routes for at least 20 and 15 years and have the total length of service specified in Section 10 of the Law ;
k) for men and women - upon reaching 40 years of age, if they constantly worked as rescuers in professional emergency services, professional emergency rescue teams (according to the list of posts and specialties approved by the Government of the Russian Federation) for at least 15 years and participated in emergency response ;
l) for men - when they reach 55 years old, for women - when they reach 50 years old, if they were employed at work with convicts as workers and employees of institutions performing criminal sentences of imprisonment (according to the list of jobs and professions approved by the Government of the Russian Federation) , respectively, at least 15 and 10 years and have a total length of service specified in Article 10 of the Law.
n) men and women - upon reaching 50 years of age, if they have worked for at least 25 years in the posts of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation (fire protection of the Ministry of the Interior, fire and rescue services of the Ministry of the Interior), provided for by the list of operational posts State Fire Service of the Ministry of Internal Affairs of the Russian Federation, approved by the Minister of Internal Affairs of the Russian Federation.
Lists of relevant jobs (professions and positions), taking into account the fulfillment of which the pension is established at a reduced retirement age, are approved in the manner determined by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.
Section 13. Summation of work with various special working conditions
Work with special working conditions is summarized in following order:
to the work listed in paragraph "b" - the work specified in paragraphs "e", "e", "g" and "and";
to the work listed in clause "i" - the work specified in clauses "b", "d", "e", "g";
Article 14. Pension in connection with work in the Far North
The pension in connection with work in the Far North is established: for men - at the age of 55 and women - at the age of 50 if they have worked for at least 15 calendar years in the Far North or at least 20 calendar years in the localities equivalent to the Far North , and have a total length of service of at least 25 and 20 years, respectively.
Citizens who work both in the Far North and in areas equivalent to the Far North are granted a pension for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equated to areas of the Far North is considered for nine months of work in areas of the Far North.
Citizens who have worked in the Far North for at least 7 years 6 months are granted a pension with a decrease in the age provided for in Section 10 of the Law by four months for each full calendar year of work in these areas. When working in areas equated to areas of the Far North, as well as in these areas and areas of the Far North, the rule established by part two of this article shall apply.
Work in the Far North is equivalent to labor activity specified in Section 12 of the Law.
The list of regions of the Far North and localities equivalent to the regions of the Far North is approved by the Government of the Russian Federation.
Article 15. Pension for part-time general employment
Citizens who have reached the retirement age specified in Section 10 of the Law and do not have a full total length of service to receive the pension provided for in the same section shall be granted a pension for part-time work if it is not less than five years.
Section 16. Pension Amount
A pension is established in the amount of 55 percent of earnings (Section VII of the Law) and, in addition, one percent of earnings for each full year of the total length of service exceeding that required for the appointment of a pension (Section 10, and the Law).
When assigning a pension in accordance with the Law, an increase in its amount by one percent of earnings is also made for each full year of special work experience in excess of the necessary for establishing a pension.
The amount of the pension calculated in the above manner may not exceed 75 percent of earnings.
Section 17. Minimum Pension
The minimum pension for a total length of service equal to that required for a full pension is not lower than the amount established by federal law.
Section 18. Maximum Pension
The maximum pension with a total length of service equal to that required for a full pension is set at three minimum pensions (part one of Article 17 of the Law), and the pension assigned in connection with underground work, work with harmful working conditions and in hot shops ( paragraph "a" of Article 12 of the Law), - three and a half sizes.
The size of the pension (part one of this article) shall be increased by one percent for each full year of the total length of service over the pension required for the appointment, but by no more than 20 percent.
Section 19. Amount of pension for part-time general work experience
The amount of the pension for incomplete total length of service is determined in proportion to the length of service, based on the full pension established for the experience of men 25 years old and women 20 years old (Law).
Pension is calculated in proportion to the length of service as follows: the corresponding full pension is determined; this pension is divided by the number of months of required length of service; the amount received is multiplied by the number of months of actual experience (in this experience, a period of more than 15 days is rounded to the full month, and a period of up to 15 days inclusively is not taken into account).
The amount of the pension for incomplete total length of service may not be lower than the social pension (paragraph "b" of Article 114 of the Law).
Section 20. Period for which a pension is established
Pension is granted for life.
Section 21. Retirement Benefits
The following allowances are established for pension:
a) to care for a pensioner if he is a group I disabled person or needs constant outside care (assistance, supervision) at the conclusion of a medical institution or has reached the age of 80 years;
b) for disabled dependents (Articles 50-53 of the Law), if they themselves do not receive any pension. The allowance for disabled dependents is paid to non-working pensioners;
c) to participants in the Great Patriotic War (subparagraphs “a” - “g” and “and” subparagraph 1 of paragraph 1 of Article 2 of the Federal Law “On Veterans”) who do not receive a disability pension at the same time as their old-age pension.
The size of the allowance for the care of a pensioner, if he is a disabled person of group I or has reached the age of 80, is equal to the size of the social pension specified in paragraph "a" of article 114 of the Law.
The size of the allowance for the care of a pensioner, if he has not reached the age of 80 years and needs constant outside care (assistance, supervision) at the conclusion of a medical institution, as well as the allowance for each disabled pensioner dependent is equal to the size of the social pension specified in paragraph "b" of the article 114 of the Law, but for a disabled dependent person - a disabled person of group III - specified in paragraph "c" of this article.
The allowance to the participants of the Great Patriotic War, indicated in paragraph "c" of the first part of this article, shall be established in the following amounts:
a) have reached the age of 80 years or are disabled I and II groups - two minimum old-age pensions (part one of Article 17 of the Law);
b) to the remaining participants of the Great Patriotic War - one minimum old-age pension (part one of Article 17 of the Law).
Article 22. Pension payment to working pensioners
For work after the appointment of a pension, a bonus of 10 percent of the pension for each year worked is established (12 full months work), but not more than three years of work. Such an allowance is established for work after the Law has been enacted for those citizens who, while continuing to work, had the right to a pension, but did not receive it. Given this allowance, the total amount of the pension is not limited.
The pension established by the unemployed ahead of schedule, to working pensioners is not paid. After such citizens reach the retirement age at which they acquire the right to pension on general, preferential terms or in connection with special working conditions, they shall be paid a pension in accordance with the first part of this article.
III. Disability pension
Article 23. Disability and its groups
Disability is considered a violation of human health with persistent dysfunction of the body, leading to complete or significant loss of professional ability to work or significant difficulties in life. Three groups of disability are distinguished depending on their degree.
Citizens who have completely lost the ability to regular professional work in ordinary conditions are granted disability of group I if they need constant outside care (assistance, supervision), and group II if they do not need such care.
Citizens who have lost the ability to regular professional work in part, are set III disability group.
Article 24. Determination of disability, its group, cause and time of occurrence
Disability, its group, cause, and, if necessary, the time of the onset, are determined by medical labor expert commissions (VTEK), acting on the basis of a provision approved in the manner determined by the Government of the Russian Federation.
Section 25. Period for which disability is established
Disability of the I group is established for two years, II and III groups - for one year.
The term for re-examination is not established: for men over 60 years old and women over 55 years old, people with disabilities with irreversible anatomical defects, other people with disabilities - according to the list of diseases approved in the manner determined by the Government of the Russian Federation.
Article 27. Pension on the grounds provided for for military personnel
Pension on the grounds provided for military personnel (including guerrillas of the Great Patriotic War and Civil War, as well as young, sons (pupils) of regiments), is granted in case of disability due to military trauma (Law) or illness received during military service (Law).
On an equal footing with servicemen, a pension is assigned to persons in command and rank and file of internal affairs bodies. In this case, disability resulting from injuries, concussions, injuries sustained in the performance of official duties in the internal affairs bodies shall be equated to disability due to military trauma, and disability resulting from other reasons during the period of service in these bodies, to disability due to a disease received during the period of military service.
Section 28. Time of Disability
Section 26 of the Law is established regardless of when the disability occurred (before the start of labor (study) during the period of work (study), or after its termination, etc.), and on the grounds specified in Section 27 of the Law, if the disability It occurred during the military service or not later than three months after leaving the military service, or later than this period, but as a result of a military injury or illness received during the military service.
Section 29. Conditions determining the right to a pension on general grounds (of the Law)
Disability pension due to work-related injury and occupational disease (Section 39 of the Law) is granted regardless of the length of the total length of service.
Disability pension due to a general illness (Law) to citizens who have become disabled under the age of 20 years is also assigned regardless of the length of the total length of service. In other cases, to apply for a disability pension due to a general illness, the following length of service is required by the time of the onset of disability: citizens under 23 years of age - at least one year, and at the age of 23 years and older - one year with an increase of four months for each full year of age, starting at 23 years old, but not more than 15 years old.
When transferring from a disability pension due to a work injury, occupational disease, military injury or a disease received during the military service to a disability pension due to a general illness, the required length of service is determined by age at the time the disability was first established. This rule applies if the break in disability does not exceed five years.
Article 30. Pension for part-time general work experience
Citizens who are disabled I and II groups due to a common illness and do not have full work experience to assign a pension (Law), a pension is established for incomplete general work experience.
Section 31. Amount of pension (except for disability pension due to military injury)
The pension (except for disability pension due to military trauma) is established in the following amounts: for disabled people of groups I and II - 75 percent, group III - 30 percent of earnings.
In cases where the pension cannot be calculated from earnings, it is established in a fixed amount equal to the minimum size of the pension (Law).
Section 32. Minimum Pension
Disability pension of groups I and II is established at the level of minimum size old-age pensions (part one of Article 17 of the Law), and disability pension of group III - at the level of 2/3 of the minimum size of this pension.
Section 33. Maximum Pension Amount
The maximum disability pension of groups I and II is set at the level of the maximum old-age pension (part one of Article 18 of the Law), and the disability pension of group III - the minimum amount of this pension (first part of Article 17 of the Law).
The size of the disability pension of groups I and II (part one of this article) is increased by one percent for each full year of the total length of service in excess of the amount required for an old-age pension with full experience, but not more than 20 percent.
Section 34. Pension for part-time general employment
Disability pension of groups I and II for part-time work experience is determined on the basis of a full disability pension in the manner prescribed by Article 19 of the Law. Its size cannot be lower than a social pension (paragraph "b" of Article 114 of the Law).
Section 35. Conditions determining the right to a pension on the grounds provided for by military personnel (of the Law)
Disability pension due to military trauma (Law) or illness received during the period of military service (Law) is granted regardless of the length of the total length of service, including military service.
On an equal footing with servicemen who become disabled due to military trauma, the pension is established:
to citizens from among workers and employees of the corresponding categories whose disability occurred due to injury, contusion, injury or illness received in the area of \u200b\u200bmilitary operations, in frontline areas railways, at the construction of defensive lines, naval bases and airfields, and equated with retirement benefits to military personnel in accordance with special decisions of the Government of the USSR;
citizens who become disabled due to wounds, shell shock, injury or illness received during their stay in fighter battalions, platoons and defense units of the people;
citizens called up for training and calibration tests and become disabled due to injury, contusion or injury received in the line of duty during the passage of these fees.
Section 36. Disability Pension Due to Military Injury
Disability pension of groups I and II due to military injury (of the Law) is granted in the maximum amount established by the first part of Section 18 of the Law, and disability pension of group III due to the same reason - in the amount of half of the indicated amount.
Article 37. Pension for immigrants from other countries
Soviet citizens - migrants from other countries who did not work in the Russian Federation or the USSR, are granted a pension:
a) for disability due to labor injury, professional illness, military injury sustained during the Great Patriotic War in the struggle with the armies of states that were at war with the USSR, regardless of the length of the total length of service;
b) for disability due to a general illness - in the presence of a total length of service required by age at the time of termination of work (Law).
Section 38. Retirement Benefits
The premiums for disability pension of groups I and II are established according to clauses "a", "b" and "c" of the first part of Article 21 of the Law.
For a disability pension of group III, an allowance is provided for by the Law.
Section 39. Disability Due to Labor Injury
The disability of a worker who performed the work specified in the first part of Section 89 of the Law shall be deemed to have occurred as a result of a work injury if the accident that caused damage to health occurred:
a) in the performance of labor duties (including during business trips), as well as in the commission of any actions in the interests of the organization, even if without the order of the administration (collective farm board, etc.);
b) on the way to or from work;
c) on the territory of the organization or in another place of work during working hours (including established breaks), during the time necessary for putting in order the production tools, clothes, etc. before or at the end of work;
d) near the organization or other place of work during working hours, including established breaks, if staying there did not contradict the rules of the internal labor schedule.
In addition, a citizen’s disability is deemed to have occurred as a result of a work injury if the accident that caused damage to his health also occurred:
e) during the passage of industrial training (practice), or conducting educational experiments (experiments) during study;
f) in the performance of state duties, as well as the tasks of Soviet or public organizations, whose activities do not contradict the Constitution of the Russian Federation;
g) in the performance of a civic duty to save human life, protect property and the rule of law.
Section 40. Disability Due to Occupational Disease
Disability is deemed to have occurred as a result of an occupational disease if the disease causing it is recognized as occupational. The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.
Section 41. Disability Due to Military Injury
The disability of citizens who have served in the military, including as young people, sons (pupils) of regiments, is considered to have occurred as a result of a military injury if it is a result of injury, contusion, mutilation sustained while protecting the USSR, the Russian Federation or in the performance of other military service duties (official duties), or a disease associated with being at the front.
Article 42. Disability due to a disease received during the period of military service
The disability of citizens who have served in the military, including as a young man, of the sons (pupils) of the regiments, is considered to have occurred as a result of a disease received during the military service, if it was the result of an injury as a result of an accident not related to the performance of military service (service duties), or a disease not associated with being at the front.
Article 44. Determining the cause of disability when it is strengthened
With increasing disability due to another reason, the cause of disability is determined at the request of the disabled person.
Section 45. Period for which a pension is established
The pension is established for the period for which disability is determined (of the Law).
Section 46. Change in the amount of a pension upon review of a disability group
When revising a disability group, a new amount of pension is paid from the day the disability group is changed. If the disability is not established, then the pension is paid until the end of the month in which the re-examination was carried out, but no more than until the day on which the disability is established.
Article 47. Suspension and resumption of payment of a pension upon missing the term for re-examination
If the citizen did not appear at the appointed time for re-examination at the VTEC, then the payment of the pension is suspended. It resumes from the day when a citizen is again recognized as disabled. If you miss the period of re-examination for a good reason and establish VTEC disability for the past time, the pension is paid from the day from which the citizen was recognized as disabled. If during re-examination a different disability group is established (higher or lower), then the pension is paid for the indicated time according to the previous group.
Section 48. Reinstatement of a previously assigned pension and reappointment thereof
A previously granted disability pension due to a general illness is restored if no more than five years have passed since the date of termination of its payment due to the expiration of the period for which the disability was established. The restoration of a previously granted disability pension due to other reasons is not limited in duration.
In the event of a disability again after a break, a disability pension may be granted (at the request of the disabled person) on a common basis.
Article 49. Payment of pensions to working pensioners
For working pensioners, the pension is paid in full (without an allowance for dependents).
IV. Survivor pensions
Section 50. Circle of Family Members Eligible for Retirement
The right to a pension is available to disabled family members of the deceased, who were dependent on him (Law). Parents and widows (widowers) of citizens who died as a result of military trauma, one of the parents or spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who have undergone military service, died (deceased) in the period of military service or of those who died as a result of military trauma after leaving the military service (with the exception of cases when the death of servicemen occurred as a result of their unlawful actions), a pension is granted regardless of whether they were dependent on the deceased (deceased).
Disabled family members are:
a) children, brothers, sisters and grandchildren under the age of 18, or older than this age, if they became disabled before reaching the age of 18, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;
b) father, mother, spouse (wife, husband), if they have reached 60 or 55 years old (men and women, respectively), or are disabled;
c) one of the parents or spouse, or grandfather, grandmother, brother or sister, regardless of age and disability, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14, and does not work;
d) grandfather and grandmother - in the absence of persons who are required by law to support them;
e) the parents of the deceased (deceased) military personnel who have been conscripted if they have reached the age of 55 and 50 (men and women, respectively) (Law).
Parents and the spouse of the deceased, who were not dependent on him, are entitled to a pension if they subsequently lose their source of livelihood.
Article 51. The right to pension of students aged 18 years and older
Students, pupils at the age of 18 years and older, but not more than until they reach the age of 23 years, are entitled to a pension in case of loss of the breadwinner until the end of full-time education in educational institutions of all types and types, regardless of their legal form, with the exception of educational institutions of continuing education.
Article 52. The right to retire stepfather, stepmother, stepson and stepdaughter
The stepfather and stepmother are entitled to a pension on an equal basis with their father and mother, provided that they brought up or supported a deceased stepson or stepdaughter for at least five years.
Stepson and stepdaughter are entitled to a pension on a par with their children.
Section 53. Dependence
The family members of the deceased are considered to be dependent on him, if they were fully supported or received help from him, which was a constant and main source of livelihood for them.
Members of the family of the deceased, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, has the right to transfer to a pension in case of loss of the bread-winner.
Dependence of children of deceased parents is assumed and does not require evidence.
Section 54. Families of Missing Citizens
Families of missing citizens are equated with the families of the deceased if the missing absence of a breadwinner is certified in the prescribed manner. At the same time, the families of servicemen missing during the period of hostilities are equated with the families of those killed as a result of military trauma (Law).
Article 55. Retention of the right to pension upon adoption
Minors entitled to a pension (of the Law) retain this right when they are adopted.
Article 56. Retention of retirement pension
A pension granted in connection with the loss of the breadwinner, the spouse, is retained upon entering into a new marriage.
Article 57. General grounds for pension provision
A pension is granted on a general basis if the death of the breadwinner has occurred as a result of labor injury, occupational or general illness.
Article 58. Pension on the grounds established for families of military personnel
A pension on the grounds established for military families (including the families of partisans of the Great Patriotic War and Civil War) is granted if the breadwinner died as a result of a military injury or illness received during military service.
On an equal footing with the families of military personnel, a pension is assigned to the families of persons in command and rank and file of internal affairs bodies. In this case, the death of the breadwinner due to injury, contusion, injury sustained in the performance of official duties in the internal affairs bodies shall be equated to the death of the breadwinner due to military injury, and the death of the breadwinner due to other reasons that occurred during the period of service in these bodies, - to the death of the breadwinner due to a disease received during the period of military service.
Section 58-1. Pension on the grounds established for the parents of deceased (deceased) military personnel who have undergone military service
A pension on the grounds established for the parents of deceased (deceased) military personnel who have been conscripted military service is granted if death (death) occurred during the period of military service or after dismissal from military service due to military trauma (except in cases where the death of military personnel occurred as a result of their unlawful actions).
Article 59. Time of death of the breadwinner
A pension on the grounds specified in Section 57 of the Law shall be established regardless of when the death of the breadwinner occurred, and on the grounds specified in Section 58 of the Law if the death of the breadwinner occurred during the military service or no later than three months after leaving the military service, or later than this period, but as a result of a military injury or illness received during the period of military service.
Section 60. Conditions determining the right to a pension on general grounds (of the Law)
A survivor's pension due to work-related injury and occupational disease is granted regardless of the length of the breadwinner's work experience.
A pension for the loss of a breadwinner due to a general illness is established if the breadwinner had the total length of service by the day of death, which he would have needed to receive a disability pension (Law).
Section 61. Pension for part-time breadwinner
The families of citizens who have died as a result of a general illness and do not have a full work experience sufficient to grant a pension (Law) are assigned a pension if the breadwinner does not have the full work experience.
Article 62. The amount of the pension for the loss of the breadwinner (except for the pension for the loss of the breadwinner due to a military injury and the pension for the loss of the breadwinner for the parents of the deceased (deceased) military personnel who were on military service
Pension for loss of breadwinner (except pension for loss of breadwinner due to military trauma and pension for loss of breadwinner to parents of deceased (deceased) military personnel who have been conscripted) a child who has lost both parents and a single mother who has died - one and a half times the minimum old-age pension (part one of Article 17 of the Law).
Section 63. Minimum Pension
Pensions, including those with incomplete general work experience as a breadwinner, cannot be lower than the social pension specified in paragraph "b" of Article 114 of the Law, per each disabled family member.
Section 64. Maximum Pension Amount
The maximum pension is set at the minimum old-age pension (part one of Article 17 of the Law) for each disabled member of the family, with the exception of the pension for children who have lost both parents and the deceased single mother (Law), as well as the pension to the parents of the deceased (deceased) military personnel who have served in the conscription service (of the Law).
Article 65. Pension for part-time general employment
The amount of the pension for an incomplete total length of service of the breadwinner is determined (based on the full pension) in the manner prescribed by Section 19 of the Law.
Section 66. Causes of the death of a breadwinner
The death of a breadwinner is considered to have occurred as a result of labor injury, occupational disease, military injury, illness received during the military service, general illness, if it was a consequence of the reasons specified in the,,,, Law respectively.
Section 67. Conditions determining the right to a pension on the grounds provided for for military families (Law)
The pension for the loss of the breadwinner due to a military injury or illness received during the period of military service is granted regardless of the length of the total length of service of the breadwinner, including military service.
On an equal footing with the families of military personnel who died as a result of a military injury, a pension is established for the families of citizens listed in Section 35 of the Law who die as a result of such an injury.
Section 68. Pension upon death of the breadwinner due to military injury
The pension for the loss of the breadwinner due to a military injury is granted in the maximum amount established by Section 64 of the Law.
Section 68-1. The amount of the pension in case of loss of the bread-winner on the parents of the deceased (deceased) military personnel who were on military service
The pension for the loss of the breadwinner to the parents of the deceased (deceased) military personnel who have undergone military service under the draft law is established for each of the parents in the amount of three minimum old-age pensions (part one of Article 17 of the Law).
Article 69. Pension for the families of deceased pensioners
The families of deceased pensioners receive a pension on a common basis, regardless of the length of the breadwinner's total length of service.
The families of deceased pensioners who became disabled due to military trauma are granted a pension according to the rules established by the Law, regardless of the cause of death of the pensioner.
The families of deceased pensioners include those families whose breadwinner died during the receipt of the pension or no later than five years after the termination of the payment of the pension.
Section 70. Retirement Benefits
The following allowances are established for pensions: for retirement care - on the terms and in the amounts provided for in Section 21 of the Law; children with disabilities and persons with disabilities from childhood of groups I and II who have lost both parents, as well as to the children of a deceased single mother, in the amount of the social pension provided for in paragraph "a" of Section 114 of the Law.
Article 71. Period for which a pension is established
The pension is established for the entire period during which a family member of the deceased is considered to be incapable of work (Law).
Article 72. The period from which the size of the pension changes and its payment ceases
When the number of family members provided by the pension changes, the pension is revised according to the number of family members eligible to receive it.
A new amount of pension shall be paid from the first day of the month following the one in which circumstances occurred that entailed a change in the amount of the pension. In the event of circumstances leading to the termination of the payment of the pension, the payment of the pension shall cease from the same period.
Article 73. The procedure for the payment of pensions for the period when children are in full state support
Children who have lost both parents and a single mother who has died during their full state maintenance are paid 50 percent of the pension, and 25 percent are paid to other children.
In the same manner, a social pension is payable for children who have lost their parents.
For the period of stay of children in institutions with full state support, the difference between the assigned and the eligible for payment of pension to children shall be transferred to the accounts of these institutions.
Section 74. Allocation of a pension share
At the request of any family member, his share of the pension is allocated and paid separately. Moreover, the share of the pension for children who have lost both parents and the deceased single mother is determined in the amount established by Section 62 of the Law.
The pension share shall be allocated from the first day of the month following the one in which the application for the division of the pension was received.
Article 76. Payment of pensions to working pensioners
For working pensioners, the pension is paid in full.
V. Long service pension
Article 77. Activities, taking into account which a pension for the length of service is established in accordance with this Law
Pension for long service is established in connection with long underground, other work with especially harmful and difficult working conditions, as well as some other professional activity.
Article 78. Conditions determining the right to pension of citizens employed in underground and opencast mining
Citizens directly employed full-time in underground and opencast mining (including personnel of mining and rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines (according to the list of jobs and professions approved by the Government of the Russian Federation), are entitled to a pension, regardless of age, if they have been working at these jobs for at least 25 years, and workers in leading professions in these jobs are miners, miners, jackhammers, mining excavators, if they haven’t worked at such jobs less than 20 years.
Section 78-1. Conditions determining the right to a long service pension in connection with work on vessels of the fishing industry, sea and river fleet
Pension in connection with the work on the vessels of the marine fleet of the fishing industry for the extraction, processing of fish and seafood, the reception of finished products in the field (regardless of the nature of the work performed), as well as on certain types of vessels of the sea, river fleet and the fleet of the fishing industry, is established for men in case of length of service at least 25 years old, women - 20 years old.
Article 78-2. Conditions determining the right to a seniority pension in connection with work in professional emergency services, professional emergency services
Pension in connection with the work of a lifeguard in professional emergency services, professional emergency response teams (according to the list of posts and specialties approved by the Government of the Russian Federation) can be established regardless of age at least 15 years of service.
Article 79. Conditions determining the right to a pension in connection with work in civil aviation
Pension in connection with work in flight and flight test staff is established: for men with a length of service of at least 25 years, women - at least 20 years; when leaving flight work for health reasons - to men with a length of service of at least 20 years, women - at least 15 years.
A pension in connection with work on air traffic control is established: for men - upon reaching 55 years and with a total working experience of at least 25 years, of which at least 12 years are 6 months of work on direct flight control of aircraft; women - upon reaching 50 years and with a total working experience of at least 20 years, of which at least 10 years of work in the direct management of aircraft flights.
A pension in connection with work in the engineering and technical staff for servicing aircraft is established: for men - upon reaching 55 years and with a total working experience in civil aviation of at least 25 years, of which at least 20 years for the direct servicing of aircraft; women - at the age of 50 and with a total working experience in civil aviation of at least 20 years, of which at least 15 years in the direct servicing of aircraft.
Article 80. Conditions determining the right to a pension in connection with pedagogical activities in schools and other institutions for children
The pension in connection with the pedagogical activities in schools and other institutions for children is established for at least 25 years of service.
Article 81. Conditions determining the right to a pension in connection with medical and other work to protect public health
A pension in connection with medical and other work to protect the health of the population is established for a length of service of at least 25 years in rural areas and urban settlements and at least 30 years in cities.
Section 82. Conditions determining the right to retirement in connection with creative work on the stage, in theaters and other theatrical and entertainment organizations and groups
Pension in connection with the creative work on the stage in theaters and other theatrical and entertainment organizations and groups is established with a length of service of 15, 20, 25 or 30 years, depending on its nature.
Article 83. Lists of works, taking into account which a pension is assigned, and the rules for calculating length of service
Lists of relevant work (professions and positions), taking into account which a pension for seniority is assigned, and, if necessary, the rules for calculating length of service and assignment of pensions, are approved by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.
Section 84. Pension Amount
Pension (except for pensions for workers employed in underground and opencast mining) is established in the amount of 55 to 75 percent of earnings. With a length of service equal to the required, the amount of the pension is 55 percent of earnings; for each full year of service in excess of the required, it increases by one percent of earnings. In case of length of service in flight and flight test staff for men from 20 to 25 years old and for women from 15 to 20 years old (part one of Article 79 of the Law), the pension is reduced by 2 percent of earnings for each year (including incomplete), which is missing to full length of service.
The amount of pensions for first-class test pilots is increased by 10 percent. In all cases, the amount of pension cannot exceed 75 percent of earnings. At the same time, the restrictions established by Section 86 of the Law do not apply.
Pensions for workers employed in underground and opencast mining (the Law) are set at 75 percent of earnings.
Section 85. Minimum Pension Amount
The minimum pension is determined at the level of the minimum old-age pension (part one of Article 17 of the Law).
The size of the pension (part one of this article) is increased by one percent for each full year of special work experience (length of service) in excess of the pension required for the appointment, but by no more than 20 percent.
Section 86. Maximum Pension Amount
The maximum pension is determined at the level of the total maximum old-age pension (part one of Article 18 of the Law), and for the flight personnel of civil aviation at the level of three and a half minimum old-age pensions.
The maximum pension (part one of this article) is increased by 1 percent for each full year of special work experience (length of service) in excess of the required pension, but not more than 20 percent.
Section 86-1. Retirement benefits
The pension for the length of service is established by the allowance stipulated by paragraph "c" of the first part of Article 21 of the Law.
Article 87. Pension payment to working pensioners
Pension (except for pensions for workers employed in underground and opencast mining, as well as a pension granted in connection with pedagogical activities in schools and other institutions for children, and a pension granted in connection with medical and other work to protect public health in rural areas and urban-type settlements) is paid subject to the abandonment of work (service), taking into account which it is established. When performing other work, the pension is paid in the manner prescribed by the first part of Article 22 of the Law.
Pension granted to workers employed in underground and opencast mining, as well as a pension granted in connection with pedagogical activities in schools and other institutions for children, and a pension granted in connection with medical and other work to protect public health in rural areas and urban-type settlements (Section 78, of the Law) are paid in the manner prescribed by the first part of Section 22 of the Law, regardless of the nature of the work.
VI. Work experience and its calculation
Article 88. Types of seniority with which pension provision is carried out
Taking into account the total length of service, that is, the total duration of labor and other socially useful activities specified in this section of the Law, an old-age pension is established, and, in appropriate cases, a disability pension and a survivor's pension.
Taking into account the special length of service, that is, the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions (the Law), work in the Far North (the Law), and also a long service pension (section V of the Law) .
Article 89. Work included in the total length of service.
The total length of service includes any work as a worker, employee (including employment until the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in the militarized guard, in special communications agencies or in the mountain rescue unit, regardless of its nature; individual labor activity, including in agriculture.
The period of creative activity of members of creative unions of the USSR and union republics - writers, artists, composers, cinematographers, theatrical figures and others, as well as writers and artists who are not members of the respective creative unions, is equivalent to the above work. The experience of creative activity is calculated in the manner determined by the Government of the Russian Federation.
Article 90. Military service and another service equivalent to it, service included in the total length of service
Service in the Armed Forces of the Russian Federation and other military units created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, in the internal affairs bodies, foreign intelligence agencies, counterintelligence agencies of the Russian Federation, ministries and departments of the Russian Federation in which the law provides for military service, the former state security organs of the Russian Federation, and also the state security and internal affairs bodies of the former USSR (including during the period when these bodies were called differently), stay in partisan units during the civil and Great Patriotic wars are included in the total length of service along with the work listed in Section 89 of the Law.
Article 91. Study included in the general work experience
Preparation for professional activity - training in colleges, schools and courses for training, advanced training and retraining, in secondary specialized and higher educational institutions, staying in graduate school, doctoral studies, clinical residency is included in the total length of service along with the work listed in Section 89 of the Law.
Article 92. Other periods included in the total length of service
The following periods are included in the general length of service along with the work specified in Section 89 of the Law:
a) temporary disability that began during the period of work, and disability of groups I and II as a result of work-related injury or occupational disease;
b) caring for a disabled person of group I, a disabled child, an elderly person, if he needs outside care at the conclusion of a medical institution;
c) the care of an unemployed mother for each child under the age of three years and 70 days before his birth, but not more than 9 years in total;
d) the residence of the wives (husbands) of the military personnel who are under military service under the contract, together with their husbands (wives) in areas where they could not work in their specialty due to the lack of employment opportunities;
e) residence abroad of wives (husbands) of employees of Soviet institutions and international organizations, but not more than 10 years in total;
f) stay in places of detention beyond the time period set for the review of the case;
g) the payment of unemployment benefits, participation in paid public works and relocation in the direction of the employment service in another locality and employment.
Section 92-1. Other periods included in the special work experience
When establishing an old-age pension in connection with special working conditions in accordance with Section 12 of the Law, the time of disability of groups I and II as a result of work-related injury or occupational disease is equated to work in which the specified injury or illness is received.
Article 93. Calculation of periods counted in the length of service
The periods counted in the length of service are calculated according to their actual duration, with the exception of the cases listed in Section 94 of the Law and special rules for calculating the length of service (Law).
Article 94. Preferential calculation of periods counted in the length of service
When calculating the length of service specified in,,, the Law, the following periods of work (service) are calculated in preferential order:
full navigation period in water transport, full season in organizations of seasonal industries - for a year of work. The list of relevant seasonal works is approved in the manner determined by the Government of the Russian Federation.
in leper colony and antiplague institutions - in double size;
in military units, headquarters and institutions that are part of the army, in partisan units and formations during the hostilities, as well as the time spent in treatment in medical institutions due to military trauma (the Law) - in triple size;
in the city of Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - in triple size;
during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy, in double size;
in the regions of the Far North and areas equivalent to the regions of the Far North - in one and a half times;
military conscription service - in double size.
Citizens who are unreasonably prosecuted, unreasonably repressed and subsequently rehabilitated, the time of detention, stay in places of detention and exile is counted in the total length of service in triple size.
Article 95. Inclusion in the general work experience of the time spent in the occupied territory and in the city of Leningrad during its blockade.
Citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War and reached 16 years by the day of occupation or during the period of occupation, are counted in the total length of service during their stay at the age of 16 years or older in the occupied territory of the USSR or other states, as well as in the territories of states that were at war with the USSR, except when they committed a crime in the indicated period.
Citizens who lived in Leningrad during the period of its blockade (from September 8, 1941 to January 27, 1944), as well as citizens - prisoners of fascist concentration camps, the time respectively living in the besieged city of Leningrad and staying in concentration camps during the Great Patriotic War counts double the total length of service, except when they committed a crime during the specified period,
Section 96. Proof of Seniority
Work experience acquired prior to registration as an insured person in accordance with the Federal Law "On Individual (Personified) Accounting in the State Pension Insurance System" is established on the basis of documents issued in the established manner by the relevant state and municipal bodies, organizations.
The length of service acquired after registration as an insured person is established on the basis of individual (personified) records.
Article 97. Proof of work experience as evidence
The work experience (except for work with individual citizens), indicated in the first part of Section 89 of the Law, can be established on the basis of the testimony of two or more witnesses if the employment documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.). n.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on testimony in case of loss of documents for other reasons (for example, due to careless storage, deliberate destruction, etc.).
Article 98. Conditions for the inclusion of foreign citizens in the work experience abroad
In the case when foreign citizens or stateless persons and their families require a certain total length of service to receive a pension, work abroad is included in such a length of service, if at least two-thirds of them are employed in the USSR unless otherwise provided by contract.
VII. Calculation of pensions from earnings
Article 99. Calculation of pension from earnings and determination of it in solid amounts
A pension in connection with labor and other socially useful activities (of the Law) is calculated according to established norms from the average monthly earnings, except for the cases when it is assigned to the appropriate maximum amount to citizens who have become disabled due to a military injury, to the families of citizens who died as a result of such an injury (Article 36, Law), as well as children who have lost both parents, and children of a deceased single mother (Law).
Citizens for whom the pension cannot be calculated from earnings, it is established in fixed amounts equal to the minimum sizes of the respective pensions.
Article 100. Composition of earnings from which the pension is calculated
All types of payments (income) received in connection with the performance of work (official duties) provided for in Section 89 of the Law, for which insurance contributions are accrued, are included in earnings for calculating a pension. Pension Fund Russian Federation.
b) temporary disability allowance;
c) a scholarship paid for the period of study (of the Law).
Article 101. Assessment of the natural part of earnings
The natural part is estimated at state retail prices of the period when wages were paid.
Section 102. Periods for Which Average Monthly Earnings are Determined upon Assigning a Pension
The average monthly income when assigning a pension is determined (at the request of the applicant): for 24 last month work (service, except for military service) before applying for a pension or for any 60 months of work (service) in a row during all labor activity before applying for a pension.
From the number of months for which the average monthly income is calculated, incomplete months of work are excluded (at the request of the person applying for a pension) due to its beginning or termination not on the first day of the month and the months (including incomplete) of leave provided in connection with child care under the age of three years, as well as the time of work during which the citizen was disabled or received compensation for damage caused by personal injury or other health damage, he provided care for a group I disabled person, a disabled child or an elderly person who needs outside care upon conclusion of a medical institution . Moreover, excluded months are replaced by others immediately preceding the chosen period or immediately following it.
The average monthly earnings, determined by the first and second parts of this article, for the periods prior to registration as an insured person in accordance with the Federal Law "On Individual (Personified) Accounting in the State Pension Insurance System" is established on the basis of documents issued in the established manner by the relevant state and municipal bodies, organizations.
The average monthly earnings for periods after registration as an insured person is established on the basis of individual (personified) accounting information.
Article 103. The procedure for calculating average monthly earnings
The average monthly earnings for the periods specified in Section 102 of the Law shall be calculated by dividing total amount earnings for 24 months of work (service) and 60 months of work (service), respectively, 24 and 60.
If the work lasted less than 24 months, the average monthly earnings are calculated by dividing the total amount of earnings for the months actually worked by the number of these months.
In cases where the work period is less than one full calendar month, the pension is calculated on the basis of the conditional monthly earnings. It is defined as follows: earnings for all the hours worked are divided by the number of days worked and the amount received is multiplied by the number of working days in the month, calculated on average per year (21.2 for a five-day workweek; 25.4 for a six-day workweek) . In this case, the earnings from which the pension is calculated cannot exceed the sum of two tariff rates (salaries) of this employee.
The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.
Article 104. Calculation of earnings of certain categories of workers
The earnings of individuals who work with individual citizens for their services, taken for calculating pensions, are limited to the amount of earnings of workers and employees of the corresponding profession and qualifications employed in government organizations and in public services organizations.
Members of creative unions of the USSR and union republics, other creative workers (part two of Article 89 of the Law) receive a pension on the general grounds established by this section of the Law. Moreover, their average monthly earnings are determined for the last two calendar years before applying for a pension or for any five calendar years in a row during all the labor activity before applying for a pension.
Article 105. Calculation of pensions to citizens - immigrants from other countries
The pension for Soviet citizens - immigrants from other countries who did not work in the USSR, is calculated from the average monthly earnings of workers and employees of the corresponding profession and qualifications in the USSR by the time the pension was granted.
Section 105-1. Calculation of pensions for citizens working abroad
The average monthly earnings of citizens working abroad are calculated on a common basis with the exception of payment for work abroad. At the same time, citizens sent to work in institutions and organizations of the former USSR and the Russian Federation abroad or in international organizations, the average monthly earnings at their request can be calculated in the manner provided for in article 105
The pension is recalculated at the request of the pensioner from the earnings from which it was assigned (recounted) earlier, or from earnings as with the new appointment of the pension.
Article 107. Recalculation of pension in connection with an increase in earnings
Each subsequent recalculation is made no earlier than 24 months after the previous recalculation.
Section 108. Calculation of a pension in case of loss of a breadwinner
For families of deceased pensioners, the pension is calculated (at the request of the applicant) from the earnings from which it was calculated to the breadwinner, or from the earnings determined in accordance with this section of the Law.
Article 109. Calculation of a pension upon transition from one pension to another
When transferring from one pension to another, earnings are determined on the general grounds established by this section of the Law. A pension on a new basis may also be calculated (at the request of a pensioner) from the earnings from which the previously paid pension was determined.
Section 110. Raising Pensions
The amount of the pension calculated in accordance with this Law shall be increased:
a) Heroes of the Soviet Union, Heroes of the Russian Federation and citizens awarded the Order of Glory of three degrees — 100 percent of the pension, but no less than 200 percent of the minimum old-age pension (part one of Article 17 of the Law), Heroes of Socialist Labor — by 50 percent of the amount of the pension, but not less than 100 percent of the minimum amount of the old-age pension (part one of Article 17 of the Law);
b) Olympic champions - 50 percent, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Homeland in the Armed Forces of the USSR" of three degrees - by 15 percent;
Part One of Article 17
Law);g) to citizens (other than those specified in paragraph "e" of this article) who have worked for at least six months during the years of World War II (from June 22, 1941 to May 9, 1945), excluding working hours in areas temporarily occupied by the enemy, or awarded with orders and medals of the USSR for selfless work and perfect military service in the rear during the Great Patriotic War - 50 percent of the minimum old-age pension (part one of Article 17 of the Law);
h) for citizens awarded with the sign “Resident of the besieged Leningrad” (with the exception of the citizens specified in clauses “e”, “g” of this article) - 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
i) for citizens who were unreasonably repressed for political reasons and subsequently rehabilitated - 50 percent of the minimum old-age pension (part one of Article 17 of the Law).
j) disabled people from childhood due to injury, contusion or mutilation associated with hostilities during the Great Patriotic War or with their consequences, receiving an old-age pension, disability or survivor’s loss — 100 percent of the minimum old-age pension (part first article 17 of the Law).
Article 111. Rules for calculating pension allowances.
Pension allowances, including minimum and maximum, are accrued after its increase in accordance with Section 110 of the Law.
Pension benefits are not limited to the maximum amount.
If there are two or more non-working pensioners in the family, each disabled member of the family who is in their common dependency is taken into account to calculate the allowance for only one of the pensioners of their choice.
Article 112. Raising the minimum and maximum sizes of labor pensions and social pensions to citizens living in areas where wage coefficients are set
The minimum size of labor pensions and social pensions are determined for citizens living in areas where district coefficients for the wages of workers and employees are established, using the corresponding coefficient for the entire period of their residence in these areas. Moreover, if different coefficients are established, the coefficient applicable in the area for workers and employees of non-productive sectors is applied.
In the same manner, the maximum sizes of labor pensions are determined for these citizens.
Citizens who have been granted a pension in accordance with Section 14 of the Law in areas of the Far North and areas equated to areas of the Far North, when leaving these areas and areas for a new permanent place of residence, shall retain the amount of the pension determined at its establishment taking into account the corresponding district coefficient . At the same time, the maximum size of the district coefficient, taking into account which the maximum size of the specified pension is determined when these citizens leave the Far North and equivalent areas, is 1.5.
Viii. Social pensions
Section 113. Conditions Defining the Right to Social Pension
A social pension is established for: persons with disabilities of groups I and II, including persons with disabilities from childhood, as well as persons with disabilities of group III; children with disabilities; children under the age of 18 who have lost one or both parents; citizens over 65 and 60 years old (men and women, respectively).
Medical indications in which a child under the age of 18 years is recognized as disabled, are approved in the manner determined by the Government of the Russian Federation.
Article 114. Amount of social pensions
Social pension is established in the following sizes:
a) people with disabilities from childhood of groups I and II, people with disabilities of group I, children with disabilities, as well as children who have lost both parents and a single mother who has died, in the amount of the minimum old-age pension (part one of Article 17 of the Law.
The day of applying for a pension is considered the day of application with all the necessary documents. When sending the application and documents by mail, the day of circulation is the date of their departure.
In cases where not all the documents necessary for assigning a pension are attached to the application, the applicant for the pension is given an explanation of which documents he must submit additionally. If they are submitted no later than three months from the date of receipt of the relevant clarification, the day of appeal shall be considered the day of submission of the application.
An application for the appointment of a pension is considered by the social security authority no later than 10 days after its receipt with all the necessary documents or receipts additional documents.
Article 119. Assignment of a pension earlier than the day of applying for it
The corresponding pension is awarded earlier than the day of applying for it (Section 118 of the Law) in the following cases:
old-age pension and long service pension - from the day of termination of work (service), if applying for it followed no later than a month from the day of leaving the work;
disability pension - from the day the disability was established, if it was followed up within 12 months from that day;
survivor's pension - from the day of the death of the breadwinner, if the appeal was followed no later than 12 months from the day of his death; when applying for a pension later, it is appointed one year earlier than the day when it was applied for.
In all cases, a pension is awarded no earlier than from the day the right to it arises.
Section 120. General rules pension payments
Pension is paid for the current month. Delivery and transfer of pensions is carried out at the expense of the state.
Article 121. The period from which the size and type of pension changes.
The amount of the assigned pension changes: when the right to increase it arises, from the first day of the month following the one in which the pensioner applied for an increase in the pension with all necessary documents; upon the occurrence of circumstances entailing a reduction in the pension, from the first day of the month following the one in which the relevant circumstances occurred.
Transfer from one pension to another is made from the first day of the month following the one in which the corresponding application with all the necessary documents is submitted.
Article 122. Payment of a pension during a pensioner's stay in state or municipal stationary social service institutions
Pensioners, regardless of the reason for the purpose and type of pension, living in state or municipal stationary institutions of social services, are paid 25 percent of the pension. During the period of temporary absence of a pensioner in these institutions, he is paid 75 percent of the assigned pension. In this case, a period of one to three months is considered to be a period of temporary absence of a pensioner.
If a pensioner living in state or municipal stationary social service institutions (excluding periods of temporary absence of a pensioner in these institutions) has disabled family members who are dependent on him, then the pension is paid in the following order: for one family member - a quarter of the pension, for two family members - one third of the pension, for three or more family members - half the pension, for the pensioner - 25 percent of the pension.
The difference between the amount of the pension assigned and paid in accordance with the first and second parts of this article shall be sent to the state or municipal stationary social service institutions where this pensioner lives. These funds are credited to the accounts of these institutions in excess of budgetary allocations and are used to strengthen their material and technical base and improve the living conditions of the elderly and disabled in them in the manner determined by the Government of the Russian Federation.
Section 123. Payment of a pension not received by a pensioner on time
Amounts of the appointed pension that are not received by the pensioner on time are paid for all the past time, but not more than three years before applying for their receipt.
Pension amounts that are not received on time due to the fault of the authorities appointing or paying the pension are paid for the past time without any time limit.
Article 124. Suspension of the payment of pensions for the period of imprisonment.
During the deprivation of liberty by a court verdict, the payment of the prescribed pension shall be suspended.
Article 125. Payment of unearned pension amounts in connection with the death of a pensioner
Pension amounts due to a pensioner and not received in connection with his death are paid to his heirs on a common basis.
Members of the deceased's family making the funeral are paid these amounts before the inheritance is accepted.
X. Responsibility of the organization and citizens. Pension Dispute Resolution
Article 126. Responsibility for the accuracy of the information contained in the documents issued for the appointment and payment of pensions
The organization (citizen) is responsible for the accuracy of the information contained in the documents issued for the appointment and payment of pensions.
In cases where the information contained in the documents is incorrect and a pension has been paid on their basis, the organization compensates the damage caused to the relevant social welfare authority.
Article 127. Duties of the organization and the pensioner. Their responsibility
The organization is obliged to inform the body paying the pension about the employment of a pensioner within five days.
A pensioner is obliged to notify the authority paying him the pension of circumstances that entail a change in the amount of the pension or the termination of its payment.
In case of non-fulfillment of the specified obligations and payment of unnecessary amounts of pension in connection with this, the organization and the pensioner shall compensate the damage caused to the relevant social protection body.
Section 128. Collection of Amounts of Pensions Excessively Paid as a Result of Abuse of a Pensioner
Amounts of pensions paid excessively to a pensioner as a result of his abuse (submission of documents with obviously incorrect information, concealment of changes in the composition of the family for which the pension is paid in case of loss of the bread-winner, etc.) can be withheld from the pension by decision of the authority paying the pension. The deductions on this basis should not exceed 20 percent of the pension due to the pensioner for payment, in excess of deductions on other grounds. In all cases of foreclosure in accordance with the law, a pensioner retains at least 50 percent of the pension due.
In the event of termination of the payment of the pension, the remaining debt shall be collected in a judicial proceeding.
Article 129. Disputes on pension issues
Disputes regarding the appointment and payment of pensions, deductions from retirement, recovery of excessively paid pension amounts are resolved higher authority social protection of the population. If a citizen (organization) does not agree with the decision made by this body, the dispute is resolved in the manner prescribed by the legislation on civil proceedings.
Xi. The order of enforcement of the Law "On State Pensions in the Russian Federation"
Section 130. Duration of Entry into Force of the Law
This Law shall be enforced: in terms of pensions for invalids of the war and other participants in the war (including from among non-military personnel), families of dead military personnel, citizens who were unreasonably repressed for political reasons and subsequently rehabilitated, the minimum amount of labor pensions, pensions for children - round orphans, participants in the liquidation of the consequences of the Chernobyl accident, social pensions, as well as in terms of norms not related to the size of pensions and the procedure for calculating pensions and earnings (Section VII of the Law) - from March 1, 1991; in the rest, from January 1, 1992, while until May 1, 1992, pensions are paid in an amount not higher than the minimum old-age pension stipulated by the first part of Section 17 of the Law, not counting the premiums to them.
Article 131. Recalculation of pensions according to documents of a pension case.
Citizens who, under the terms and conditions of this Law, are entitled to a higher pension, shall receive a pension (recounted) in accordance with the Law.
Recalculation of the pension is carried out according to the documents available in the pension business, based on the earnings from which the pension is calculated. The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.
If by the time of the recalculation additional documents have been submitted, in particular, on earnings that meet the requirements of the Law, then the pension is recalculated taking into account such documents.
Article 132. Recalculation of pensions according to documents submitted after the entry into force of the Law
When submitting additional documents after the entry into force of this Law (on seniority, earnings, etc.), giving the right to further increase the previously assigned pension, the pension is recounted. At the same time, the pension is recalculated from the day the Law comes into force, but no more than 12 months in advance (the month of submission of documents is excluded).
If these documents are submitted after July 1, 1993, the pension is recalculated on the general basis established by Section 121 of the Law.
Article 133. Retention of the previously established amount of pension
Citizens who have been granted a pension before the entry into force of this Law, who do not have the right to a higher pension under the terms and conditions of the Law, shall retain it in the previously established amount, but not lower than the minimum old-age pension established by this Law.
In the same manner, the pension established after the entry into force of this Law shall be paid according to the conditions and norms of previous legislation.
Article 133-1. Inclusion in a special seniority, taking into account which an old-age pension is established, the time of work that previously gives the right to a pension on preferential terms
The time of underground work carried out before January 1, 1992, work with harmful working conditions and in hot shops, as well as other work with difficult working conditions, giving the right to receive pension on preferential terms until January 1, 1992, is counted in a special work experience taking into account which an old-age pension is assigned on a par with the work specified in paragraphs a and b of article 12 of this Law, respectively.
Article 134. Recalculation of previously assigned personal pensions
Starting November 21, 1990, further assignment of personal pensions is suspended on the territory of the Russian Federation.
Personal pensions granted on the territory of the Russian Federation until November 21, 1990, are canceled from January 1, 1992. Citizens who have been granted such pensions before their cancellation, from January 1, 1992, pensions are established in accordance with the current legislation on common to all others citizens grounds.
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The Ministry of Construction published on the portal of normative acts a draft order on the approval of forms of notifications provided for by the new norms of the Town Planning Code (introduced by the Law “On Amendments” dated August 3, 2018 No. 340-ФЗ (hereinafter - Federal Law No. 340), which entered into force on August 3 2018) for individual housing construction (IZHS) instead of building permits and commissioning.
In total, 7 forms of notifications are introduced:
- About the planned construction or reconstruction of an IZHS object or garden house.
- On the compliance of the parameters of the IZHS object or garden house with the established parameters and the permissibility of its placement on land.
- On the inconsistency of the parameters of the IZHS object or garden house with the established parameters and (or) the inadmissibility of the placement of the IZHS object or garden house.
- On changing the parameters of the planned construction or reconstruction of a residential building or a garden house.
- About the completion of construction or reconstruction of an IZHS object or garden house.
- On the compliance of the constructed or reconstructed IZHS object or garden house with the requirements of the legislation on urban development.
On the inconsistency of the constructed or reconstructed IZHS object or garden house with the requirements of the legislation on urban development.
The exchange of documents from the above list will replace the approval procedure for the construction and commissioning of the constructed house.
Note that in the notifications of planned construction and completion of construction there are mandatory wordings that the house "is not intended to be divided into independent real estate objects." The basis for the issuance of a notice of non-compliance may be non-compliance with the parameters of the IZHS object, which are introduced in the Civil Code of the Russian Federation by the law Federal Law No. 340.
Article 51.1. Notification of planned construction or reconstruction of an individual housing project or garden house
1. For the purposes of construction or reconstruction of an individual housing construction object or a garden house, the developer submits in hard copy through a personal appeal to the authorized representatives for the issuance of building permits by the federal executive body, executive body of the constituent entity of the Russian Federation or local government, including through the multifunctional centeror sends to the specified authorities by post with a notification of delivery or single portal state and municipal services, a notice of the planned construction or reconstruction of an individual housing project or a garden house (hereinafter referred to as the notice of the planned construction), containing the following information:
1) last name, first name, patronymic (if any), place of residence of the developer, details of an identity document (for an individual);
2) the name and location of the developer (for a legal entity), as well as the state registration number of the entry on state registration of a legal entity in a single state registry legal entities and tax identification number, unless the applicant is a foreign legal entity;
3) the cadastral number of the land plot (if any), the address or description of the location of the land plot;
4) information on the right of the developer to the land plot, as well as information on the existence of the rights of other persons to the land plot (if any);
5) information on the type of permitted use of the land plot and capital construction object (individual housing construction project or garden house);
6) information on the planned parameters of the individual housing construction project or garden house, for the construction or reconstruction of which a notice has been submitted about the planned construction, including the indentation from the boundaries of the land plot;
7) information that the object of individual housing construction or a garden house is not intended to be divided into independent real estate objects;
8) postal address and (or) email address for communication with the developer;
9) the method of sending the developer the notifications provided for in clause 2 of part 7 and clause 3 of part 8 of this article.
2. The notice form for the planned construction is approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.
3. The following shall be attached to the notice of planned construction:
1) title documents for a land plot in case the rights to it are not registered in the Unified State Register of Real Estate;
2) a document confirming the authority of the representative of the developer, if the notice of the planned construction is sent by the representative of the developer;
3) a certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state in case the developer is a foreign legal entity;
4) a description of the external appearance of an individual housing project or garden house in the event that the construction or reconstruction of an individual housing construction or garden house is planned within the boundaries of the territory of a historic settlement of federal or regional significance, with the exception of the case provided for in paragraph 5 of this article. The description of the external appearance of the individual housing construction object or garden house includes a description in text form and a graphic description. The description of the external appearance of the individual housing construction object or garden house in text form includes an indication of the parameters of the individual housing construction project or garden house, the color scheme of their external appearance, construction materials planned for use that determine the external appearance of the individual housing construction project or garden house, as well as a description of other characteristics of an individual housing project or garden house, the requirements for which are established by the urban planning regulations as requirements for architectural decisions of the capital construction object. The graphic description is an image of the appearance of an individual housing project or garden house, including facades and the configuration of an individual housing project or garden house.
4. Documents (their copies or information contained therein) referred to in clause 1 of part 3 of this article shall be requested by the authorities referred to in the first paragraph of part 1 of this article to state authorities, local authorities and subordinate government bodies or to local authorities of organizations that have these documents at their disposal, no later than three business days from the date of receipt of the notice of the planned construction, if the developer has not submitted these documents independently. Upon interdepartmental requests of the authorities indicated in the first paragraph of part 1 of this article, the documents (copies thereof or information contained therein) referred to in clause 1 of part 3 of this article shall be provided by state bodies, local authorities and subordinate to state bodies or local authorities organizations at the disposal of these documents, no later than three business days from the date of receipt of the relevant interagency request.
5. The developer is entitled to carry out the construction or reconstruction of an individual housing construction object or garden house within the boundaries of the territory of a historic settlement of federal or regional significance in accordance with the standard architectural decision of the capital construction project approved in accordance with Federal Law of June 25, 2002 N 73-ФЗ “ About the objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation ”for this historical settlement. In this case, the notice of the planned construction indicates such a typical architectural solution. The application of the description of the external appearance of the individual housing construction or garden house to the notice of the planned construction is not required.
6. In the absence of information provided for in part 1 of this article or documents provided for in clauses 2 to 4 of part 3 of this article in the notice of planned construction, the federal executive body, executive body of the constituent entity of the Russian Federation, or body authorized to issue building permits local government within three working days from the date of receipt of the notice of the planned construction returns to the builder this notice and the documents attached to it without considering the reasons for the return. In this case, the notice of the planned construction is considered non-directional.
7. Authorized to issue building permits, the federal executive body, executive body of a constituent entity of the Russian Federation or local government within seven business days from the date of receipt of the notice of the planned construction, with the exception of the case provided for in paragraph 8 of this article:
1) checks the compliance of the parameters of the individual housing construction or garden house object specified in the notice of planned construction with the limit parameters of permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, and mandatory requirements for parameters of capital construction objects established this Code, other federal laws and effective at the date of receipt of the notice of the planned construction, as well as the permissibility of the placement of an individual housing project or garden house in accordance with the permitted use of the land plot and restrictions established in accordance with the land and other legislation of the Russian Federation;
2) sends to the developer in the manner specified by him in the notice of planned construction, a notice of compliance with the parameters specified in the notice of planned construction of the individual housing project or garden house with the established parameters and the permissibility of placing the individual housing construction project or garden house on the land plot or about the inconsistency of these in the notice of the planned construction of the parameters of the individual housing project or garden house to the established parameters and (or) the inadmissibility of the placement of the individual housing construction or garden house on the land plot. Notification forms on the compliance of the parameters specified in the notice on the planned construction of the individual housing construction project or garden house with the established parameters and the permissibility of placing the individual housing construction project or garden house on the land plot, notification of the non-compliance of the parameters of the individual housing construction or garden construction indicated in the notice on the planned construction houses to the established parameters and (or) the inadmissibility of placing an individual housing construction object or a garden house on a land plot are approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.
8. If the construction or reconstruction of an individual housing project or garden house is planned within the boundaries of the territory of a historic settlement of federal or regional significance and the notice of the planned construction does not indicate a typical architectural solution, in accordance with which it is planned to construct or reconstruct such an individual housing project or a garden house, authorized to issue building permits, the federal executive body, the executive authority of the constituent entity of the Russian Federation, or the local government:
1) within a period of not more than three business days from the date of receipt of this notification, in the absence of the grounds for its return provided for in paragraph 6 of this Article, sends, including using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, the specified notice and the description of the external appearance of the individual housing construction object or garden house attached to it to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects;
2) checks compliance of the parameters of the individual housing construction object or garden house specified in this notice with the maximum parameters of permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, and mandatory requirements for the parameters of capital construction objects established by this Code , other federal laws and effective at the date of receipt of this notification, as well as the permissibility of placing an individual housing construction or garden house in accordance with the permitted use of the land plot and the restrictions established in accordance with the land and other legislation of the Russian Federation and valid at the date of receipt of this notification ;
3) not later than twenty working days from the date of receipt of this notification, sends to the developer in the manner specified in this notification, the notice provided for in clause 2 of part 7 of this article on the compliance of the parameters specified in the notification on the planned construction of the individual housing construction or garden house with the established parameters and the permissibility of placing an individual housing construction object or garden house on a land plot or on the non-compliance of the parameters specified in a notice on planned construction of an individual housing construction project or garden house with the established parameters and (or) the inadmissibility of placing an individual housing construction project or garden house on a land plot.
9. The executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, within ten working days from the date of receipt from the commissioners for the issuance of permits for the construction of the federal executive authority, executive authority of the constituent entity of the Russian Federation or local government, notice of the planned the construction and the description of the external appearance of the individual housing construction object or garden house as provided for in paragraph 4 of part 3 of this article, considers the specified description of the external appearance of the individual housing construction or garden house and sends, including using a single system of interagency electronic interaction and regional systems connected to it interagency electronic interaction, notification of compliance or non-compliance of the specified description of the external appearance of the individual housing construction or garden building about the house to the subject of protection of the historical settlement and the requirements for architectural decisions of capital construction objects established by the urban planning regulations in relation to the territorial zone located within the territory of the historical settlement of federal or regional significance. In case of failure to send a notification within a specified time period on the inconsistency of the specified description of the appearance of the individual housing construction object or garden house to the specified subject of protection of the historical settlement and the requirements for architectural decisions of capital construction objects, this description of the external appearance of the individual housing construction project or garden house shall be considered appropriate for such historical protection settlements and requirements for architectural solutions of capital construction objects.
10. The notice of non-compliance of the parameters of the individual housing construction object or garden house specified in the notice of the planned construction with the established parameters and (or) the inadmissibility of the placement of the individual housing construction project or garden house on the land plot is sent to the developer only if:
1) the parameters of the individual housing construction object or garden house specified in the notice of planned construction do not correspond to the limit parameters of permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, or mandatory requirements for the parameters of capital construction objects established by this Code, other federal laws and effective on the date of receipt of notice of planned construction;
2) the placement of the individual housing construction project or garden house specified in the notice on the planned construction is not allowed in accordance with the types of permitted use of the land plot and (or) the restrictions established in accordance with the land and other legislation of the Russian Federation and effective on the date of receipt of the notice of the planned construction;
3) a notice of planned construction is submitted or sent by a person who is not a developer due to his lack of rights to a land plot;
4) within the time period specified in paragraph 9 of this article, a notification was received from the executive body of the subject of the Russian Federation authorized in the field of protection of cultural heritage objects about the inconsistency of the description of the external appearance of an individual housing construction or garden house with the subject of protection of a historical settlement and architectural requirements decisions of capital construction objects established by the urban planning regulations as applied to the territorial zone located within the boundaries of the territory of a historic settlement of federal or regional significance.
11. The notice of non-compliance of the parameters of the individual housing construction object or garden house specified in the notice of the planned construction with the established parameters and (or) the inadmissibility of the placement of the individual housing construction project or garden house on the land should contain all the grounds for sending such notification to the developer indicating the maximum parameters Permitted construction, reconstruction of capital construction objects, which are established by the rules of land use and development, territory planning documentation, or mandatory requirements for the parameters of capital construction objects, which are established by this Code, other federal laws, are valid on the date of receipt of the notice of the planned construction and which do not comply the parameters of the individual housing construction project or garden house specified in the notice of the planned construction, as well as in case of inadmissibility the property for placing an individual housing construction object or a garden house on a land plot - the established type of permitted use of the land plot, types of restrictions on the use of the land plot in connection with which the construction or reconstruction of an individual housing construction object or garden house is not allowed, or information that the person who submitted or sent notice of the planned construction is not a developer due to his lack of rights to a land plot. If the developer sends such a notification on the grounds provided for in paragraph 4 of part 10 of this article, a mandatory annex to it is a notification about the inconsistency of the description of the external appearance of the individual housing construction or garden house with the protection of the historical settlement and the requirements for architectural decisions of capital construction projects established by urban planning regulations applicable to a territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance.
12. The federal executive body, executive body of a constituent entity of the Russian Federation or local government body authorized to issue building permits within the time periods specified in part 7 or clause 3 of part 8 of this article shall also be sent, including using a unified system of interdepartmental electronic interaction and the regional systems of interagency electronic interaction connected to it, a notice of non-compliance of the parameters of the individual housing construction object or garden house specified in the notice of the planned construction with the established parameters and (or) inadmissibility of the placement of the individual housing construction object or garden house on the land plot:
1) to the executive authority of the constituent entity of the Russian Federation, authorized to carry out state construction supervision, in the case of sending this notification on the basis provided for in paragraph 1 of part 10 of this article;
2) to the federal executive body authorized to carry out state land supervision, the local self-government body exercising municipal land control, in the case of sending this notification on the basis provided for in clause 2 or 3 of part 10 of this article;
3) to the executive authority of a constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, in the event of the notification being sent on the basis provided for in clause 4 of part 10 of this article.
13. The receipt by the developer of a notice of compliance with the parameters specified in the notice of the planned construction of the individual housing construction object or garden house with the established parameters and the permissibility of placing the individual housing construction project or garden house on the land plot from authorized construction permits of the federal executive body, executive body authorities of a constituent entity of the Russian Federation or local government or failure to provide, by the said authorities within the time period provided for in part 7 or clause 3 of part 8 of this article, notifications of non-compliance of the parameters of an individual housing construction or garden house specified in the notice of planned construction with the established parameters and (or) inadmissibility placement of an individual housing construction project or a garden house on a land plot is considered approval by the specified construction authorities or reconstruction of an individual housing project or garden house object and entitles the developer to construct or reconstruct an individual housing project or garden house in accordance with the parameters specified in the notice of planned construction, within ten years from the day the developer sends such notification of planned construction in accordance with with part 1 of this article. This right is retained upon transfer of rights to a land plot and an individual housing construction object or a garden house, with the exception of cases provided for in paragraphs 1 - 3 of part 21.1 of article 51 of this Code. However, a new notice of planned construction is not required.
14. In case of changes in the parameters of the planned construction or reconstruction of an individual housing construction object or a garden house, the developer submits or sends in the ways specified in paragraph 1 of this article a notification about this to the authorized federal authorities, executive bodies of the Russian Federation Federation or local government indicating variable parameters. Consideration of this notification is carried out in accordance with parts 4 to 13 of this article. The form of this notification is approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.
15. If the developer receives a notice on the compliance of the parameters specified in the notification on the planned construction of the individual housing project or garden house with the established parameters and the permissibility of placing the individual housing construction or garden house on the land plot from authorized persons for the issuance of permits for the construction of the federal executive body, executive authority of the constituent entity of the Russian Federation or local government or non-notification by the indicated authorities within the time period provided for in part 7 or clause 3 of part 8 of this article of a notice of non-compliance of the parameters of an individual housing construction or garden house specified in the notice of planned construction with the established parameters and (or ) inadmissibility of placing an individual housing construction object or a garden house on a land plot, losses caused to the builder by demolition or bringing in appropriate compliance with the established requirements of an individual housing project or garden house built or reconstructed in accordance with the parameters specified in the notice of planned construction, in connection with the recognition of such an individual housing project or garden house as an unauthorized construction due to non-compliance of their parameters with the limit parameters of permitted construction, reconstruction of capital construction objects, established by the rules of land use and development, territory planning documentation, or mandatory requirements for the parameters of capital construction objects established by this Code, other federal laws, or due to the inadmissibility of placing such an individual housing construction object or garden house in accordance with restrictions, established in accordance with the land and other legislation of the Russian Federation and effective at the date of receipt of the notice about the planned construction, in full are subject to compensation at the expense of the treasury of the Russian Federation, treasury of the subject of the Russian Federation, treasury, respectively municipality provided that the court establishes the guilt of an official of a state authority or local self-government body that has sent a notification to the developer about the compliance of the parameters of the individual housing construction or garden house specified in the notice on the planned construction and the permissibility of placing the individual housing construction or garden house on the land plot or that has not fulfilled the obligation to send, within the time period provided for in part 7 or clause 3 of part 8 of this article, notifications of non-compliance of the parameters of the individual housing construction or garden house specified in the notice of planned construction with the established parameters and (or) the inadmissibility of the placement of the individual housing construction or garden house on the land. ";
13) in paragraph 5 of part 2.2 of Article 52, the words “individuals engaged in the construction, reconstruction, overhaul of an individual residential building, as well as” shall be deleted;
14) in article 53:
a) Part 1 after the words “project documentation” shall be supplemented with the words “(including decisions and measures aimed at ensuring compliance with the requirements of energy efficiency and the requirements for equipping a capital construction facility with metering devices for used energy resources)”;
b) supplement with part 7.1 of the following content:
"7.1. After completion of construction and reconstruction of the capital construction project, an act is signed confirming the compliance of the parameters of the respectively constructed, reconstructed capital construction project with the requirements of the design documentation (including decisions and measures aimed at ensuring compliance with energy efficiency requirements and the requirements of equipping the capital construction facility with energy metering devices used ), by the person carrying out the construction (by the person carrying out the construction, and the developer or technical customer in case of construction, reconstruction on the basis of a construction contract, as well as the person exercising construction control, in the case of construction control on the basis of the contract), with the exception of cases of construction, reconstruction of individual housing construction, garden houses. ”;
c) in part 8, the words “may be established by regulatory legal acts” shall be replaced by the words “established by the Government”;
15) in article 54:
a) supplement with part 1.1 of the following content:
"1.1. During the construction, reconstruction of capital construction projects not specified in Part 1 of this Article, as well as in relation to such capital construction projects, construction works, the reconstruction of which is completed (except if, upon completion of these works, permission to put the object into operation has been obtained) state construction supervision is carried out in the form of an on-site inspection only if there are grounds provided for by subparagraph “b” of paragraph 2, subparagraph “b” or “c” of paragraph 3 of part 5 of this article, or on the basis of appeals and applications of citizens, including individual entrepreneurs , legal entities, information from state authorities (officials of the state supervision body), local authorities, from the media about a violation during the construction, reconstruction of capital construction projects, not specified in part 1 of this article, established by the rules of land use and development, dock documentation on the planning of the territory of the limit parameters for permitted construction, reconstruction of capital construction objects or mandatory requirements for the parameters of capital construction objects established by this Code and other federal laws. In relation to the capital construction objects specified in this part, state construction supervision is carried out taking into account the features established by parts 6.1 and 6.2 of this article. ”; c) in the first paragraph of clause 3 of part 5 the words “in clause 1” shall be replaced by the words “in clause 2”;
d) supplement with parts 6.1 - 6.3 of the following content: