Federal Law of July 24, 1998 125 FZ. Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases. Funds for compulsory social insurance from

Dated July 27, 2010 No. 227-FZ,
dated 11.02.2013 No. 10-FZ, dated 04.10.2014 No. 289-FZ, dated 28.11.2015 No. 357-FZ,
dated 03/02/2016 No. 43-FZ, dated 23.05.2016 No. 149-FZ, dated 18.06.2017 No. 127-FZ)

Chapter 1. GENERAL PROVISIONS

Article 1. Subject of regulation of this Federal Law

This Federal Law regulates relations in the field of organizing storage, acquisition, accounting and use of documents from the Archive Fund of the Russian Federation and other archival documents, regardless of their form of ownership, as well as relations in the field of managing archives in the Russian Federation in the interests of citizens, society and the state.

Article 2. Legal regulation of relations in the field of archiving in the Russian Federation

1. Legislation on archiving in the Russian Federation consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

2. Bodies of local self-government, within the limits of their powers, may adopt municipal legal acts regulating relations in the field of archival affairs in the Russian Federation.

3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are applied:

1) archiving in the Russian Federation (hereinafter also referred to as archiving) - the activities of state bodies, local self-government bodies, organizations and citizens in the field of organizing storage, acquisition, accounting and use of documents from the Archival Fund of the Russian Federation and other archival documents;

2) an archival document - a material medium with information recorded on it, which has details that allow it to be identified, and is subject to storage due to the importance of the indicated medium and information for citizens, society and the state;

3) documents on personnel - archival documents reflecting the labor relations of the employee with the employer;

4) document of the Archival Fund of the Russian Federation - an archival document that has passed the examination of the value of documents, put on state records and subject to permanent storage;

5) a particularly valuable document - a document of the Archival Fund of the Russian Federation, which has an enduring cultural, historical and scientific value, of particular importance for society and the state, and in relation to which a special regime of accounting, storage and use has been established;

6) a unique document - a particularly valuable document that has no similarities in terms of the information it contains and (or) its external features, irreplaceable if lost in terms of its meaning and (or) autographic character;

7) archival fund - a set of archival documents that are historically or logically related to each other;

8) The Archive Fund of the Russian Federation is a historically formed and constantly replenishing set of archival documents reflecting the material and spiritual life of society, having historical, scientific, social, economic, political and cultural significance, which are an integral part of the historical and cultural heritage of the peoples of the Russian Federation belonging to information resources and subject to permanent storage;

9) archive - an institution or structural subdivision of an organization carrying out storage, acquisition, accounting and use of archival documents;

10) state archive - a federal state institution created by the Russian Federation (hereinafter - the federal state archive), or a state institution of the subject of the Russian Federation, created by the subject of the Russian Federation (hereinafter - the state archive of the subject of the Russian Federation), which carry out acquisition, accounting, storage and use documents of the Archival Fund of the Russian Federation, as well as other archival documents;

(Clause 10 as amended by Federal Law No. 83-FZ dated 08.05.2010)

11) municipal archive - a structural subdivision of a local self-government body or a municipal institution created by a municipal entity, which store, acquire, record and use documents from the Archive Fund of the Russian Federation, as well as other archival documents;

(as amended by Federal Laws dated 08.05.2010 No. 83-FZ, dated 28.11.2015 No. 357-FZ)

12) permanent storage of documents of the Archive Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation without a specified period (unlimited);

13) temporary storage of archival documents - storage of archival documents prior to their destruction within the time limits established by regulatory legal acts;

14) temporary storage of documents of the Archive Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation prior to their transfer for permanent storage in the manner established by Article 21 of this Federal Law;

15) depository storage of documents of the Archive Fund of the Russian Federation - storage of documents of the Archival Fund of the Russian Federation by federal executive bodies and organizations within the time frame and on the terms determined by the relevant agreements between them and the authorized federal executive body in the field of archiving and record keeping;

(Clause 15 as amended by Federal Law No. 127-FZ of 18.06.2017)

16) examination of the value of documents - the study of documents on the basis of criteria for their value in order to determine the storage periods of documents and their selection for inclusion in the Archive Fund of the Russian Federation;

17) ordering of archival documents - a set of works on the formation of archival documents into storage units (files), description and registration of such storage units (files) in accordance with the rules established by the authorized federal executive body in the field of archiving and office work;

(as amended by Federal Law No. 127-FZ of 18.06.2017)

18) owner of archival documents - a state body, a local self-government body or a legal or natural person who owns and uses archival documents and exercises the authority to dispose of them within the limits established by law or agreement;

19) user of archival documents - a state body, local self-government body, or a legal entity or individual who legally apply to archival documents to obtain and use the necessary information.

Article 4. Powers of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of archiving

1. The powers of the Russian Federation in the field of archiving include:

1) development and implementation of a unified state policy in the field of archiving;

2) the establishment of uniform rules for organizing storage, acquisition, accounting and use of documents from the Archival Fund of the Russian Federation and other archival documents and control over compliance with these rules;

3) storage, acquisition, accounting and use of archival documents and archival funds:

a) federal state archives, federal museums and libraries;

b) federal government bodies, other government bodies of the Russian Federation, including the prosecutor's office of the Russian Federation, the Central Election Commission of the Russian Federation, the Accounts Chamber of the Russian Federation, the Central Bank of the Russian Federation (Bank of Russia);

(as amended by Federal Laws dated 01.12.2007 No. 318-FZ, dated 11.02.2013 No. 10-FZ)

c) state off-budget funds;

d) expired. - Federal Law No. 149-FZ dated May 23, 2016;

e) federal state unitary enterprises, including state-owned enterprises, and federal state institutions (hereinafter referred to as federal organizations), including those located outside the Russian Federation;

f) state corporations, state companies;

(Clause "f" was introduced by Federal Law No. 10-FZ dated 11.02.2013)

4) resolving issues on the transfer of federal-owned archival documents to the ownership of the constituent entities of the Russian Federation and (or) municipalities;

5) resolving issues on the temporary export of documents from the Archive Fund of the Russian Federation outside the Russian Federation.

2. The powers of a constituent entity of the Russian Federation in the field of archiving include;

1) implementation of the state policy in the field of archiving on the territory of the subject of the Russian Federation;

2) storage, acquisition, accounting and use of archival documents and archival funds:

a) state archives of the constituent entity of the Russian Federation, museums, libraries of the constituent entity of the Russian Federation;

b) government bodies and other government bodies of a constituent entity of the Russian Federation;

c) state unitary enterprises, including state-owned enterprises, and state institutions of a constituent entity of the Russian Federation (hereinafter referred to as organizations of a constituent entity of the Russian Federation);

3) resolving issues on the transfer of archival documents owned by a constituent entity of the Russian Federation to the ownership of the Russian Federation, other constituent entities of the Russian Federation and (or) municipalities.

3. The powers of the municipality in the field of archiving include:

1) storage, acquisition (formation), accounting and use of archival documents and archival funds:

a) local government bodies, municipal archives, museums, libraries;

b) municipal unitary enterprises, including state enterprises, and municipal institutions (hereinafter referred to as municipal organizations);

2) resolving issues on the transfer of archival documents that are in municipal ownership to the ownership of the Russian Federation, constituent entities of the Russian Federation, and other municipalities.

4. Bodies of local self-government of settlements, municipal districts, urban districts and inner-city districts carry out activities in the field of archival affairs in accordance with the powers to resolve issues of local importance established by the Federal Law of October 6, 2003 No. 131-FZ "On general principles of organizing local self-government in the Russian Federation ".

5. By law, the local self-government body of a municipal district, an urban district may be endowed with separate state powers for the storage, acquisition, accounting and use of archival documents related to state property and located on the territory of the municipality, with the transfer of material, technical and financial powers necessary for the implementation of these funds.

Chapter 2. ARCHIVAL FOUNDATION OF THE RUSSIAN FEDERATION

Article 5. Composition of the Archival Fund of the Russian Federation

The Archive Fund of the Russian Federation includes archival documents located on the territory of the Russian Federation, regardless of their source of origin, time and method of creation, type of media, forms of ownership and storage location, including legal acts, management documentation, documents containing the results of scientific research , development and technological work, urban planning documentation, film, photo, video and soundtrack documents, electronic and telemetric documents, manuscripts, drawings, drawings, diaries, correspondence, memoirs, copies of archival documents as originals, as well as archival documents government organizations located in foreign countries.

Article 6. Inclusion of archival documents in the Archival Fund of the Russian Federation

1. Archival documents are included in the Archive Fund of the Russian Federation on the basis of an examination of the value of the documents.

2. The solution of scientific and methodological issues related to the examination of the value of documents and their inclusion in the Archive Fund of the Russian Federation, as well as the definition of particularly valuable documents, including unique documents, shall be carried out by the central expert and verification commission of the authorized federal executive body. authorities in the field of archiving and office work.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

3. The authorized federal executive body in the field of archival affairs and office work approves lists of standard archival documents with an indication of their storage time and instructions for the use of these lists.

(Part 3 as amended by Federal Law No. 127-FZ of 18.06.2017)

4. The decision on the inclusion of specific documents in the Archive Fund of the Russian Federation is carried out by expert and verification commissions of federal state archives and authorized executive bodies of the constituent entities of the Russian Federation in the field of archiving within their competence.

4.1. The decision to include archival documents in the Archive Fund of the Russian Federation is also carried out by expert fund-purchasing commissions of state municipal museums, expert commissions of state or municipal libraries, expert review commissions of scientific organizations, including state academies of sciences, included in the list of scientific organizations carrying out permanent storage of documents from the Archive Fund of the Russian Federation, approved by the Government of the Russian Federation (hereinafter referred to as scientific organizations included in the list approved by the Government of the Russian Federation).

(Part 4.1 is introduced by Federal Law No. 149-FZ, dated 23 May 2016)

5. Examination of the value of documents is carried out by the authorized executive body of the constituent entity of the Russian Federation in the field of archival affairs, the state, municipal archive together with the owner or owner of archival documents.

6. Examination of the value of documents shall be subject to all documents on carriers of any kind that are in federal ownership, property of a constituent entity of the Russian Federation or municipal property. Until the examination of the value of documents is carried out in the prescribed manner, the destruction of documents is prohibited.

7. The inclusion of privately owned documents in the Archive Fund of the Russian Federation is carried out on the basis of an examination of the value of documents and is formalized by an agreement between the owner or owner of archival documents and the state or municipal archive (local government body), museum, library or scientific organization included to the list approved by the Government of the Russian Federation. This agreement specifies the obligations of the owner or owner of archival documents for the storage, accounting and use of documents from the Archival Fund of the Russian Federation.

(as amended by Federal Laws dated 28.11.2015 No. 357-FZ, dated 23.05.2016 No. 149-FZ)

Article 7. Archival documents related to state property

1. Federal property includes archival documents:

1) stored in federal state archives, federal museums and libraries (with the exception of archival documents transferred to these archives, museums, libraries on the basis of a storage agreement without transferring them into ownership);

2) state bodies and organizations specified in subparagraphs "b", "c", "e" and "f" of paragraph 3 of part 1 of article 4 of this Federal Law;

(as amended by Federal Laws dated 11.02.2013 No. 10-FZ, dated 23.05.2016 No. 149-FZ)

3) former enemy states displaced to the USSR as a result of World War II and located on the territory of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation on displaced cultural values;

4) classified as federal property by federal laws.

2. The property of the subject of the Russian Federation includes archival documents:

1) stored in the state archives of the constituent entity of the Russian Federation, museums and libraries of the constituent entity of the Russian Federation (except for archival documents transferred to these archives, museums and libraries on the basis of a storage agreement without transferring them into ownership);

2) state bodies and organizations of the constituent entity of the Russian Federation;

3) transferred to the ownership of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

(Clause 3 was introduced by Federal Law No. 127-FZ of 18.06.2017)

Article 8. Archival documents related to municipal property

1. Municipal property includes archival documents:

1) local governments and municipal organizations;

2) stored in municipal archives, museums and libraries (with the exception of archival documents transferred to these archives, museums and libraries on the basis of a storage agreement without transferring them into ownership).

2. The division of ownership between municipalities, a municipal formation and a constituent entity of the Russian Federation for archival documents created before the formation, merger, division or change of the status of municipalities and stored in municipal archives is carried out in accordance with the legislation of the constituent entity of the Russian Federation.

Article 9. Archival documents related to private property

Private property includes archival documents:

1) organizations operating on the territory of the Russian Federation and not being state or municipal, including public associations from the date of their registration in accordance with the legislation of the Russian Federation on public associations and religious associations after the separation of the church from the state (hereinafter referred to as non-governmental organizations);

2) created by citizens or legally acquired by them.

Article 10. Features of the legal status of archival documents owned by the Russian Federation, constituent entities of the Russian Federation or municipalities

1. The transfer of federal-owned archival documents to the ownership of the constituent entities of the Russian Federation and (or) municipalities is carried out by the Government of the Russian Federation on the proposal of the authorized federal executive body in the field of archiving and office work.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

2. Transfer of archival documents owned by a constituent entity of the Russian Federation or municipal property to the ownership of the Russian Federation, other constituent entities of the Russian Federation and (or) municipalities shall be carried out in accordance with the legislation of the Russian Federation, the legislation of a constituent entity of the Russian Federation, municipal legal acts.

3. Archival documents in state or municipal ownership are not subject to privatization, cannot be the object of sale, exchange, donation, as well as other transactions that may lead to their alienation, unless otherwise provided by an international treaty of the Russian Federation or federal laws.

4. In the event of privatization of state or municipal enterprises, the archival documents formed in the course of their activities, including documents on personnel, remain, respectively, in federal property, property of the subject of the Russian Federation and municipal property.

Article 11. Features of civil circulation of documents of the Archival Fund of the Russian Federation, which are in private ownership

1. Documents of the Archival Fund of the Russian Federation, which are in private ownership, may be alienated or transferred from one person to another in the order of universal legal succession or in another way. In this case, the legal successor, within thirty days from the date of alienation or transfer of rights, is obliged to notify the corresponding state, municipal archive, museum, library, scientific organization included in the list, which is approved by the Government of the Russian Federation, with which the previous owner entered into an agreement about the transfer of the owner's rights to him.

(as amended by Federal Laws of 23.05.2016 No. 149-FZ, of 18.06.2017 No. 127-FZ)

2. When the owner's rights to privately owned documents of the Archival Fund of the Russian Federation are transferred to another person, the obligations specified in the agreement provided for by Part 7 of Article 6 of this Federal Law shall be transferred to this person.

3. If the owner of especially valuable documents and documents protected by the state does not fulfill his obligations to store, record and use these documents, which may lead to the loss of their value, such documents may be withdrawn from the owner by a court decision in accordance with Article 240 of the Civil Code Russian Federation.

4. In the event of an auction for the sale of privately owned archival documents, the organizers of the auction shall no later than 30 days prior to the day of their holding inform the authorized federal executive body in the field of the place, time and conditions for the sale of archival documents in writing. archival affairs and office work and the corresponding authorized executive body of the constituent entity of the Russian Federation in the field of archiving, on the territory of which the auction is held. Violation of this procedure for the sale of archival documents may serve as a basis for the emergence of the right of the authorized federal executive body in the field of archival affairs and office work and the corresponding authorized executive body of the constituent entity of the Russian Federation in the field of archival affairs to claim in court in accordance with civil legislation the transfer of rights to them and the buyer's duties.

(Part 4 as amended by Federal Law No. 127-FZ of 18.06.2017)

5. The specifics of civil circulation of documents from the Archive Fund of the Russian Federation owned by the centers of the historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers are established in accordance with the Federal Law "On the centers of the historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers."

Article 12. Protection of the ownership of archival documents

1. The right of ownership to archival documents, regardless of their form of ownership, is protected by law. The seizure of archival documents, not provided for by federal laws, is prohibited.

2. Archival documents that are in illegal possession are subject to transfer to the owners or legal owners in accordance with an international treaty of the Russian Federation and the legislation of the Russian Federation.

Chapter 3. ADMINISTRATION OF ARCHIVAL BUSINESS IN THE RUSSIAN FEDERATION

Article 13. Creation of archives

1. State bodies, local self-government bodies of a municipal district, an urban district and an intra-city district are obliged to create archives for storage, acquisition, accounting and use of archival documents formed in the course of their activities.

(as amended by Federal Law No. 357-FZ dated 28.11.2015)

2. Organizations and citizens have the right to create archives for the purpose of storing archival documents formed in the course of their activities, including for the purpose of storing and using archival documents that are not state or municipal property.

Article 14. Organization of archive management in the Russian Federation

1. The state acts as the guarantor of the rights provided for by this Federal Law, ensures the development of archiving in the Russian Federation on the basis of the implementation of an appropriate scientific, technical and financial, including tax and credit, policy.

2. State administration of archival affairs in the Russian Federation shall be carried out by federal bodies of state power, including the authorized federal executive body in the field of archival affairs and record keeping.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

3. State administration of archival affairs in the constituent entities of the Russian Federation shall be exercised by the bodies of state power of the constituent entities of the Russian Federation, including the authorized executive bodies of the constituent entities of the Russian Federation in the field of archiving.

4. Management of archival affairs in municipalities is carried out by local self-government bodies.

5. State bodies, local self-government bodies, organizations and citizens, in order to ensure uniform principles for organizing storage, acquisition, accounting and use of archival documents, are guided in working with archival documents by the legislation of the Russian Federation (including the rules established by the authorized federal executive body in the field of archiving and office work), the legislation of the constituent entities of the Russian Federation and municipal legal acts.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

Article 15. Financial and material-technical support of archives

1. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activities without forming a legal entity shall be obliged to provide financial, material and technical and other conditions necessary for the acquisition, storage, accounting and use of archival documents, to provide the archives created by them with buildings and (or) premises that meet the regulatory requirements for the storage of archival documents and the working conditions of archive workers.

2. The state body, local self-government body, making a decision on the reconstruction, transfer or demolition of the building in which the state or municipal archive is located, are obliged to provide this archive with a building that meets the regulatory requirements for storing archival documents.

3. State and municipal (with the exception of structural subdivisions of local self-government bodies) archives have the right to carry out income-generating activities insofar as this is provided for by their constituent documents, serves and corresponds to the achievement of the goals for which they were created, as well as cover their expenses at the expense of other receipts, permitted by the legislation of the Russian Federation.

Article 16. Control over compliance with the legislation on archiving in the Russian Federation

Control over the observance of the legislation on archival affairs in the Russian Federation is carried out by federal bodies of state power, including the authorized federal executive body in the field of archiving and record keeping, state power bodies of the constituent entities of the Russian Federation, including authorized executive bodies of the constituent entities of the Russian Federation in the region archiving, within the limits of its competence, determined by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

Chapter 4. STORAGE AND ACCOUNTING OF ARCHIVAL DOCUMENTS

Article 17. Obligations of state bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activity without forming a legal entity, to ensure the safety of archival documents

1. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activities without forming a legal entity are obliged to ensure the safety of archival documents, including documents on personnel, during the storage periods established by federal laws, other regulatory legal acts of the Russian Federation, as well as the lists of documents provided for by Part 3 of Article 6 and Parts 1 and 1.1 of Article 23 of this Federal Law.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

2. The destruction of documents from the Archival Fund of the Russian Federation is prohibited.

3. With regard to especially valuable documents, including unique documents, a special regime of accounting, storage and use is established. Insurance copies of these documents are created.

4. The procedure for classifying documents of the Archival Fund of the Russian Federation as especially valuable documents, including unique documents, the procedure for recording such documents, creating and storing their insurance copies are determined by the authorized federal executive body in the field of archiving and office work.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

Article 18. Storage of documents of the Archival Fund of the Russian Federation

1. State-owned documents of the Archival Fund of the Russian Federation are stored:

1) permanently - in state archives, museums, libraries and scientific organizations included in the list, which is approved by the Government of the Russian Federation;

(as amended by Federal Law No. 149-FZ dated 23.05.2016)

2) temporarily - in state bodies, state organizations, archives created by them within the established time limits, as well as in municipal archives in the event that a local self-government body of a municipal district or an urban district is endowed with separate state powers for the storage, acquisition, accounting and use of archival documents related to state property and located on the territory of the municipality.

2. Depository storage of documents of the Archival Fund of the Russian Federation, which are in federal ownership, shall be carried out by federal executive bodies and organizations, the list of which is established by the Government of the Russian Federation. The terms and conditions for the depository storage of documents from the Archive Fund of the Russian Federation and the use of these documents are established in contracts concluded by federal executive bodies and organizations with the authorized federal executive body in the field of archival affairs and record keeping.

(Part 2 as amended by Federal Law No. 127-FZ of 18.06.2017)

3. The documents of the Archival Fund of the Russian Federation, which are in municipal ownership, are stored:

1) permanently - in municipal archives, museums and libraries;

2) temporarily - in local self-government bodies, municipal organizations and archives created by them within the established terms.

4. Documents of the Archival Fund of the Russian Federation, which are in private ownership, can be stored by their owners or owners on their own, or can be transferred under an agreement for storage to the state or municipal archives, library, museum, as well as a scientific organization included in the list approved by the Government Russian Federation. At the same time, the conditions for storing these documents are determined by their owners or owners in compliance with the norms of this Federal Law.

(as amended by Federal Law No. 149-FZ dated 23.05.2016)

5. The documents of the Archival Fund of the Russian Federation owned by the centers of the historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers are subject to permanent storage.

(part five was introduced by Federal Law No. 68-FZ of 13.05.2008)

Article 19. State registration of documents of the Archival Fund of the Russian Federation

1. Documents of the Archival Fund of the Russian Federation, regardless of the place of their storage, are subject to state registration. The procedure for the state registration of documents of the Archival Fund of the Russian Federation is determined by the authorized federal executive body in the field of archival affairs and office work. Unique documents are also subject to registration in the State Register of Unique Documents of the Archival Fund of the Russian Federation, which is maintained by the authorized federal executive body in the field of archiving and record keeping.

2. Documents of the Archival Fund of the Russian Federation shall not be included in the property of the organizations that store them.

(Part 2 as amended by Federal Law No. 149-FZ dated 23.05.2016)

Chapter 5. COMPLETE ARCHIVES WITH ARCHIVAL DOCUMENTS

Article 20. Sources of acquisition of state and municipal archives with archival documents

1. State bodies, local self-government bodies, organizations and citizens, in the course of whose activity documents of the Archival Fund of the Russian Federation and other archival documents are formed, which are subject to acceptance for storage in state and municipal archives, act as sources of completing state and municipal archives with archival documents.

2. State and municipal archives shall compile lists of acquisition sources transferring documents from the Archival Fund of the Russian Federation and other archival documents to these archives. Non-governmental organizations, as well as citizens, are included in these lists on the basis of an agreement.

Article 21. Transfer of documents of the Archival Fund of the Russian Federation for permanent storage

1. Documents of the Archival Fund of the Russian Federation that are in state or municipal ownership, after the expiration of their temporary storage in state bodies, local governments or state and municipal organizations, are transferred for permanent storage to the corresponding state and municipal archives.

2. Documents of the Archival Fund of the Russian Federation formed in the course of the activities of territorial bodies, federal bodies of state power and federal organizations, other state bodies of the Russian Federation located on the territory of a subject of the Russian Federation may be transferred to the state archives of a subject of the Russian Federation on the basis of an agreement between the body or the organization transmitting the said documents, and the authorized executive body of the constituent entity of the Russian Federation in the field of archiving.

3. Documents of the Archival Fund of the Russian Federation, which are in private ownership, enter the state and municipal archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, on the basis of agreements between these archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, and the owners of these documents.

(as amended by Federal Law No. 149-FZ dated 23.05.2016)

4. State bodies, local self-government bodies, state and municipal organizations are prohibited from transferring documents of the Archive Fund of the Russian Federation formed in the course of their activities to museums, libraries, scientific organizations included in the list approved by the Government of the Russian Federation, and non-governmental organizations.

(as amended by Federal Law No. 149-FZ dated 23.05.2016)

5. Transfer for permanent storage in state and municipal archives of a mandatory free copy of documents is carried out in the manner prescribed by the legislation of the Russian Federation on a mandatory copy of documents.

Article 21.1. Establishment and calculation of storage periods for archival documents

(introduced by Federal Law No. 127-FZ of June 18, 2017)

1. The storage periods for archival documents are established by federal laws, other regulatory legal acts of the Russian Federation, as well as lists of documents provided for in part 3 of article 6 and parts 1 and 1.1 of article 23 of this Federal law.

2. The storage periods of archival documents, regardless of the place of their storage, shall be calculated from January 1 of the year following the year in which they were completed with office work (in the meaning provided for by Clause 17 of Article 3 of this Federal Law).

Article 22. Terms of temporary storage of documents of the Archival Fund of the Russian Federation prior to their transfer for permanent storage

The following terms are established for the temporary storage of documents from the Archival Fund of the Russian Federation prior to their receipt in the state and municipal archives:

1) for documents of federal government bodies, other government bodies of the Russian Federation (including the prosecutor's office of the Russian Federation, the Central Election Commission of the Russian Federation, the Accounts Chamber of the Russian Federation, the Central Bank of the Russian Federation (Bank Russia)), as well as for documents of state extra-budgetary funds, state corporations, state companies and federal organizations included in the established procedure in the Archive Fund of the Russian Federation - 15 years;

(as amended by Federal Law No. 10-FZ dated 11.02.2013)

2) for documents of state authorities, other state bodies of the constituent entities of the Russian Federation and organizations of constituent entities of the Russian Federation included in the established procedure in the Archive Fund of the Russian Federation - 10 years;

3) for documents of local self-government bodies and municipal organizations included in the established procedure in the Archive Fund of the Russian Federation - 5 years;

4) for certain types of archival documents included in the established procedure in the Archive Fund of the Russian Federation:

a) records of acts of civil status - 100 years;

b) records of notarial acts, household books and documents relating to the privatization of housing stock - 75 years;

(as amended by Federal Law No. 43-FZ dated 02.03.2016)

c) design documentation for capital construction - 20 years;

d) technological and design documentation - 20 years;

e) patents for an invention, utility model, industrial design - 20 years;

f) scientific documentation - 15 years;

g) film and photographic documents - 5 years;

h) video and audio documents - 3 years.

Article 22.1. Terms of storage of documents on personnel

(as amended by Federal Law No. 127-FZ of 18.06.2017)

1. Personnel documents completed by office work before January 1, 2003 are stored for 75 years.

2. Personnel documents completed by office work after January 1, 2003 are stored for 50 years.

3. After the expiration of the storage periods specified in parts 1 and 2 of this article, personnel documents generated in the course of the activities of sources of acquisition of state and municipal archives with archival documents are subject to an examination of the value of documents.

4. The provisions stipulated in parts 1 and 2 of this article shall not apply to personnel documents, in respect of which a different storage period is established by the current lists of archival documents indicating their storage time.

5. Personnel documents generated in connection with the passage of civil service by citizens, which is not a state civil service, are stored in the state bodies in which citizens passed the civil service, which is not a state civil service, for 75 years after the termination of the civil service with examination of the value of documents after the expiration of the specified storage period.

Article 23. Obligations of state bodies, local self-government bodies, organizations for completing state and municipal archives with archival documents

1. Federal bodies of state power, other state bodies of the Russian Federation develop and approve lists of documents generated in the course of their activities, as well as in the process of activities of organizations subordinate to them, indicating the terms of their storage in agreement with the authorized federal executive body in the field of archiving and office work.

(Part 1 as amended by Federal Law No. 127-FZ of 18.06.2017)

1.1. The authorized federal executive body in the field of archiving and office work, together with the Central Bank of the Russian Federation (Bank of Russia), approves the list of documents generated in the course of the activities of credit institutions, indicating their storage time and approves instructions for its use.

(Part 1.1 as amended by Federal Law No. 127-FZ of 18.06.2017)

2. State bodies, local self-government bodies, state and municipal organizations ensure, in accordance with the rules established by the authorized federal executive body in the field of archiving and record keeping, the selection, preparation and transfer in an ordered state of documents of the Archival Fund of the Russian Federation for permanent storage in state and municipal archives. All work related to the selection, preparation and transfer of archival documents for permanent storage, including their ordering and transportation, are carried out at the expense of the bodies and organizations that transfer the documents.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

3. Non-governmental organizations ensure the selection and transfer, in an orderly state, to the state and municipal archives of the archival documents in their possession classified as federal property, property of a constituent entity of the Russian Federation or municipal property, with the right to reimburse the expenses made for these purposes at the expense of the federal budget, respectively in the manner established by the Government of the Russian Federation, the budget of the constituent entity of the Russian Federation in the manner established by the executive authority of the constituent entity of the Russian Federation, and the budget of the municipal formation in the manner established by the local government.

4. When reorganizing state bodies, archival documents in an ordered state are transferred to the legal successors of the reorganized state bodies.

5. When the structure of local self-government bodies is changed, archival documents in an ordered state are transferred to the newly formed local self-government bodies.

6. When reorganizing state and municipal organizations, archival documents in an ordered state are transferred to the legal successors of the reorganized organizations. At the same time, in the event of a transformation of state and municipal organizations with a change in the forms of ownership of the property of these organizations, archival documents may be transferred for temporary storage to newly emerged legal successors on the basis of agreements between these organizations and the corresponding state or municipal archives.

7. When reorganizing state and municipal organizations by splitting or separating one or several organizations from their composition, the conditions and place of further storage of archival documents are determined by the founders of these organizations or by bodies authorized by the constituent documents, in agreement with the authorized federal executive body in the field of archival affairs and office work or by the relevant authorized executive bodies of the constituent entities of the Russian Federation in the field of archiving.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

8. In the event of the liquidation of state bodies, local self-government bodies, state and municipal organizations, documents included in the Archival Fund of the Russian Federation, documents on personnel, as well as archival documents, the temporary storage of which has not expired, in an ordered state are deposited in the corresponding state or the municipal archive.

9. In case of reorganization of non-governmental organizations, the conditions and place of further storage of archival documents are determined by the founders of these organizations or by bodies authorized by the constituent documents.

10. In the event of liquidation of non-governmental organizations, including as a result of bankruptcy, archival documents formed in the course of their activities and included in the Archival Fund of the Russian Federation, documents on personnel, as well as archival documents, the terms of temporary storage of which have not expired, are transferred by the liquidation commission (liquidator) or liquidator in an ordered state for storage in the appropriate state or municipal archive on the basis of an agreement between the liquidation commission (liquidator) or the liquidator and the state or municipal archive. In this case, the liquidation commission (liquidator) or the bankruptcy commissioner organizes the ordering of archival documents of the liquidated organization, including the organization liquidated as a result of bankruptcy.

Chapter 6. ACCESS TO ARCHIVAL DOCUMENTS AND THEIR USE

Article 24. Access to archival documents

1. The user of archival documents has the right to freely search for and receive archival documents for study.

1.1. Access to archival documents is provided by:

1) by providing the user with archival documents of reference and retrieval tools and information about these tools, including in the form of an electronic document;

2) by providing originals and (or) copies of the documents he needs, including in the form of electronic documents;

3) by using public information and telecommunication networks, including the Internet, with the possibility of copying them.

(Part 1.1 is introduced by Federal Law No. 227-FZ, dated 27 July 2010)

2. Conditions for access to privately owned archival documents, with the exception of archival documents, access to which is regulated by the legislation of the Russian Federation, are established by the owner or owner of archival documents.

Article 25. Restriction on access to archival documents

1. Access to archival documents may be limited in accordance with an international treaty of the Russian Federation, the legislation of the Russian Federation, as well as in accordance with the order of the owner or owner of privately owned archival documents.

2. Access to archival documents, regardless of their forms of ownership, containing information constituting state and other secrets protected by the legislation of the Russian Federation, as well as to originals of especially valuable documents, including unique documents, and documents of the Archival Fund of the Russian Federation, recognized in the procedure established by the authorized federal executive body in the field of archiving and office work, being in an unsatisfactory physical condition. The cancellation of restrictions on access to archival documents containing information constituting state and other secrets protected by the legislation of the Russian Federation is carried out in accordance with the legislation of the Russian Federation.

(as amended by Federal Law No. 127-FZ of 18.06.2017)

3. Restrictions on access to archival documents containing information about the personal and family secrets of a citizen, his private life, as well as information posing a threat to his safety, is established for a period of 75 years from the date of creation of these documents. With the written permission of the citizen, and after his death with the written permission of the heirs of this citizen, the restriction on access to archival documents containing information about the personal and family secrets of a citizen, his private life, as well as information that poses a threat to his safety, may be canceled earlier than 75 years after the creation of these documents.

Article 26. Use of archival documents

1. The user of archival documents has the right to use, transfer, distribute the information contained in the archival documents provided to him, as well as copies of archival documents for any lawful purposes and in any legal way.

2. State and municipal archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, provide the user with archival documents with the conditions necessary for searching and studying archival documents.

(as amended by Federal Law No. 149-FZ dated 23.05.2016)

3. State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activity without forming a legal entity, if they have the appropriate archival documents, are obliged to provide the user with archival documents, in accordance with the established procedure, archival certificates or copies of archival documents related to social protection of citizens. , providing for their pension provision, as well as receiving benefits and compensations in accordance with the legislation of the Russian Federation. Users' requests and appeals can be sent in the form of electronic documents using public information and telecommunication networks, including the Internet.

(as amended by Federal Law No. 227-FZ dated 27.07.2010)

4. State and municipal (with the exception of structural subdivisions of local self-government bodies) archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, as well as state and municipal organizations in accordance with the legislation of the Russian Federation may, on the basis of existing them of archival documents and reference and search facilities to provide the user with archive documents paid information services, to conclude agreements with him on the use of archival documents and reference and search facilities.

(as amended by Federal Law No. 149-FZ dated 23.05.2016)

5. The procedure for the use of archival documents in state and municipal archives, including restrictions on the volume, timing, used technical means of copying, issuing and copying archival documents on a reimbursable or gratuitous basis, shall be established by the authorized federal executive body in the field of archiving and record keeping. The procedure for the use of archival documents in state bodies, local self-government bodies, state and municipal organizations, state and municipal museums, libraries, as well as in scientific organizations included in the list, which is approved by the Government of the Russian Federation, is determined by them in accordance with the legislation of the Russian Federation, in including in accordance with the procedure established by the authorized federal executive body in the field of archiving and office work.

(Part 5 as amended by Federal Law No. 127-FZ of 18.06.2017)

6. The use of archival documents subject to the legislation of the Russian Federation on intellectual property is carried out taking into account the requirements of this legislation.

7. State and municipal archives, museums, libraries, scientific organizations included in the list, which is approved by the Government of the Russian Federation, archives of state bodies, local self-government bodies, state and municipal organizations provide state bodies and local self-government bodies with the necessary archival information for the exercise of their powers. information and copies of archival documents, including in the form of electronic documents, publish and exhibit archival documents, prepare reference and information publications on the composition and content of documents stored in them.

(as amended by Federal Laws dated 27.07.2010 No. 227-FZ, dated 23.05.2016 No. 149-FZ)

8. Archival documents seized as material evidence in accordance with the legislation of the Russian Federation are subject to return to the owner or owner of archival documents.

Chapter 7. LIABILITY FOR VIOLATION OF LEGISLATION
ON ARCHIVAL CASE IN THE RUSSIAN FEDERATION

Article 27. Responsibility for violation of legislation on archiving in the Russian Federation

Legal entities, as well as officials and citizens guilty of violating the legislation on archiving in the Russian Federation, bear civil, administrative and criminal liability established by the legislation of the Russian Federation.

Chapter 8. INTERNATIONAL COOPERATION

Article 28. International cooperation of the Russian Federation in the field of archival affairs

State bodies, local self-government bodies, state and municipal archives, museums, libraries and other legal entities within their competence, as well as citizens - owners or owners of archival documents take part in international cooperation in the field of archival affairs, participate in the work of international organizations, meetings and conferences on issues of archival affairs, in the international information exchange.

Article 29. Export and import of archival documents

1. Export outside the Russian Federation of archival documents in state or municipal ownership, as well as documents of the Archival Fund of the Russian Federation in private ownership, is prohibited.

2. Archival documents in private ownership may be taken out of the Russian Federation. The specified archival documents declared for export are subject to an examination of the value of the documents in the manner established by the Government of the Russian Federation.

3. Temporary export outside the Russian Federation of archival documents that are in state or municipal ownership, as well as documents of the Archival Fund of the Russian Federation that are in private ownership, shall be carried out in accordance with the legislation of the Russian Federation.

4. Removal from the Russian Federation of archival documents displaced to the USSR as a result of World War II and located on the territory of the Russian Federation, which are not federal property, shall be carried out in accordance with the legislation of the Russian Federation.

5. It is allowed to import into the Russian Federation archival documents acquired and / or obtained legally.

Article 30. Export and import of copies of archival documents

The export outside the Russian Federation and the import into the Russian Federation of copies of archival documents acquired and (or) legally obtained on media of any kind are carried out without restrictions, with the exception of the export of copies of archival documents, access to which is limited in accordance with the legislation of the Russian Federation.

Chapter 9. FINAL PROVISIONS

Article 31. Entry into force of this Federal Law

1. This Federal Law shall enter into force on the day of its official publication, with the exception of provisions for which this article establishes other terms and procedure for entry into force.

2. The provisions of Clause 11 of Article 3, Part 5 of Article 4 of this Federal Law shall enter into force on January 1, 2006 and until this date shall apply exclusively to legal relations arising in connection with a change in the boundaries or transformation of municipalities.

4. The provisions of Part 7 of Article 6, Part 1 of Article 13, Item 2 of Part 1 of Article 18 of this Federal Law on Local Self-Government Bodies of a Municipal District and Urban District and on Municipal Archives shall enter into force on January 1, 2006 and until this date are applied exclusively to legal relations arising in connection with the change of borders or the transformation of municipalities.

Article 32. Invalidation of legislative acts in connection with the adoption of this Federal Law

From the date of entry into force of this Federal Law, to declare invalid:

1) Fundamentals of the legislation of the Russian Federation on the Archival Fund of the Russian Federation and archives dated July 7, 1993 No. 5341-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 33, art. 1311);

2) Resolution of the Supreme Council of the Russian Federation of July 7, 1993 No. 5342-1 "On the procedure for the introduction into force of the Fundamentals of Legislation of the Russian Federation on the Archival Fund of the Russian Federation and archives" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 33, p. 1312).

The president
Russian Federation
V. PUTIN

"On compulsory social insurance against industrial accidents and occupational diseases"

(as amended by Federal Laws of 17.07.1999 N 181-FZ, of 25.10.2001 N 141-FZ, of 30.12.2001 N 196-FZ, Labor Code of the Russian Federation of 30.12.2001 N 197-FZ, Federal Laws of 26.11. 2002 N 152-FZ, dated 22.04.2003 N 47-FZ, dated 07.07.2003 N 118-FZ, dated 23.10.2003 N 132-FZ, dated 23.12.2003 N 185-FZ, dated 22.08.2004 N 122-FZ , dated 01.12.2004 N 152-FZ, as amended by Federal Laws dated 02.01.2000 N 10-FZ, dated 11.02.2002 N 17-FZ, dated 08.02.2003 N 25-FZ, dated 08.12.2003 N 166 -FZ, dated December 29, 2004 N 202-FZ)

Accepted
The State Duma
July 2, 1998

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations of compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment agreement (contract) and in other established by this Federal law cases.

Chapter I. General Provisions

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:

• ensuring social protection of the insured and the economic interest of insurance subjects in reducing professional risk;
• compensation for harm caused to the life and health of the insured during the performance of his obligations under an employment agreement (contract) and in other cases established by this Federal Law, by providing the insured in full with all the necessary types of insurance coverage, including payment of medical, social and professional rehabilitation;
• provision of preventive measures to reduce industrial injuries and occupational diseases.

2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, in the part exceeding the insurance coverage carried out in accordance with this Federal Law.

3. State authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations and citizens hiring employees, have the right, in addition to compulsory social insurance provided for by this Federal Law, to carry out, at their own expense, other types of employee insurance provided for by the legislation of the Russian Federation.

Article 2. Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases

The legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it.

If an international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, then the rules of the international treaty of the Russian Federation shall apply.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

• the object of compulsory social insurance against industrial accidents and occupational diseases is the property interests of individuals associated with the loss of health by these individuals, occupational disability or their death as a result of an industrial accident or occupational disease;
• subjects of insurance - the insured, the policyholder, the insurer;
• insured:
• an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of Clause 1 of Article 5 of this Federal Law;
• an individual who has suffered damage to health as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure and entailed a loss of professional ability to work;
• insured - a legal entity of any organizational and legal form (including a foreign organization operating on the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with clause 1 of Article 5 of this Federal Law;
• insurer - Social Insurance Fund of the Russian Federation;
• insured event - the fact of damage to the health of the insured as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure, which entails the occurrence of the obligation of the insurer to provide insurance coverage;
• industrial accident - an event as a result of which the insured received an injury or other damage to health while fulfilling his obligations under an employment agreement (contract) and in other cases established by this Federal Law, both on the territory of the insured and abroad, or while traveling to to the place of work or return from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;
• occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and entailed a temporary or permanent loss of his professional ability to work;
• insurance premium - a mandatory payment for compulsory social insurance against industrial accidents and occupational diseases, calculated on the basis of the insurance rate, discounts (surcharges) to the insurance rate, which the policyholder is obliged to pay to the insurer;
• insurance rate - the rate of the insurance premium from the accrued wages on all grounds (income) of the insured;
• insurance coverage - insurance compensation for harm caused as a result of an insured event to the life and health of the insured in the form of monetary amounts paid or compensated by the insurer to the insured or to persons entitled to this in accordance with this Federal Law;
• occupational risk - the likelihood of damage (loss) of health or death of the insured, associated with the performance of his obligations under the employment agreement (contract) and in other cases established by this Federal Law;
• occupational risk class - the level of occupational injuries, occupational morbidity and expenses for insurance coverage, prevailing by the types of economic activities of the insured;

• professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;
• the degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities before the occurrence of the insured event.

Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases

The main principles of compulsory social insurance against industrial accidents and occupational diseases are:

• guaranteed right of the insured to insurance coverage;
• the economic interest of the subjects of insurance in improving conditions and increasing labor safety, reducing occupational injuries and occupational morbidity;
• compulsory registration as policyholders of all persons who employ (attract to work) workers subject to compulsory social insurance against industrial accidents and occupational diseases;
• obligatory payment of insurance premiums by the insured;
• differentiation of insurance rates depending on the class of professional risk.

Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases

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

• individuals performing work on the basis of an employment contract (contract) concluded with the policyholder;
• individuals sentenced to imprisonment and involved in labor by the insured.
• Individuals performing work on the basis of a civil law contract are subject to compulsory social insurance against industrial accidents and occupational diseases, if in accordance with the said contract the policyholder is obliged to pay insurance premiums to the insurer.

2. This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation.

Article 6. Registration of policyholders

The registration of policyholders is carried out in the executive bodies of the insurer:

• insured - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body carrying out state registration of legal entities, information contained in the unified state register of legal entities and submitted in the manner prescribed by the Government of the Russian Federation;
• policyholders - legal entities at the location of their separate divisions, having a separate balance sheet, current account and calculating payments and other remuneration in favor of individuals, on the basis of an application for registration as an insured, submitted no later than 30 days from the date of creation of such a separate division ;
• policyholders - individuals who have entered into an employment contract with an employee, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the employed employees;
• policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of the specified contract.

The procedure for registration of policyholders specified in paragraphs three, four and five of part one of this article is established by the insurer.

Article 7. Right to insurance coverage

1. The right of the insured to receive insurance coverage arises from the date of the insured event.

2. The right to receive insurance payments in the event of the death of the insured as a result of the occurrence of an insured event has:

• disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him;
• child of the deceased, born after his death;
• one of the parents, spouse (spouse) or another family member, regardless of his ability to work, who does not work and is busy caring for the deceased's dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or, although they have reached the specified age, but at the conclusion of the institution of the state service of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or medical and preventive institutions of the state health care system recognized as needing outside care for health reasons;
• persons who were dependent on the deceased, who became disabled within five years from the date of his death.

In the event of the death of the insured, one of the parents, spouse or other family member who does not work and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the period of care, retains the right to receive insurance benefits after the end of caring for these persons ... The dependence of minor children is assumed and does not require proof.

3. Insurance benefits in the event of the death of the insured are paid:

• minors - until they reach the age of 18;
• students over 18 years of age - until the end of their studies in educational institutions for full-time education, but not more than 23 years old;
• women who have reached the age of 55 and men who have reached the age of 60 - for life;
• disabled people - for the period of disability;
• to one of the parents, spouse (spouse) or other family member who is not working and is engaged in caring for the children, grandchildren, brothers and sisters, who were dependent on the deceased, until they reach the age of 14 or a change in health.

4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the insured's earnings was their permanent and main source of livelihood.

5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or the legislation of the Russian Federation on compensation for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their work duties, are entitled to insurance coverage from the date of entry into force of this Federal Law.

Chapter II. Insurance coverage

Article 8. Types of insurance coverage

1. Provision for insurance is carried out:

1) in the form of a temporary disability allowance assigned in connection with an insured event and paid out of funds for compulsory social insurance against industrial accidents and occupational diseases;

2) in the form of insurance payments:

• a one-time insurance payment to the insured or to persons entitled to receive such payment in the event of his death;
• monthly insurance payments to the insured or to persons entitled to receive such payments in the event of his death;

3) in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:

• treatment of the insured, carried out in the territory of the Russian Federation immediately after a serious accident at work, until the restoration of working capacity or the establishment of a permanent loss of professional working capacity;
• purchase of medicines, medical products and personal care;
• outside (special medical and household) care for the insured, including that carried out by members of his family;
• the travel of the insured, and, if necessary, for the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a serious industrial accident, medical rehabilitation in organizations providing spa services, obtaining a special vehicle, order, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation) and when sent by the insurer to the institution of medical and social expertise and to the institution that examines the connection between the disease and the profession;
• medical rehabilitation in organizations providing sanatorium and resort services, including on a voucher, including payment for treatment, accommodation and meals for the insured, and, if necessary, payment for travel, accommodation and meals for the person accompanying him, payment for the insured's vacation (in excess of the annual paid leave established the legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
• production and repair of prostheses, prosthetic and orthopedic products and orthoses;
• provision of technical means of rehabilitation and their repair;
• provision of vehicles in the presence of appropriate medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;

(as amended by Federal Law of 23.10.2003 N 132-FZ)

• vocational training (retraining).

2. Payment of additional costs provided for in subparagraph 3 of paragraph 1 of this article, with the exception of payment of costs for the treatment of the insured immediately after the serious accident at work, shall be made by the insurer, if the institution of medical and social expertise has established that the insured needs in accordance with the rehabilitation program of the victim as a result of an accident at work and occupational disease in the specified types of assistance, provision or care. The conditions, amounts and procedure for payment of such expenses are determined by the Government of the Russian Federation.

If the insured person simultaneously has the right to receive free or preferential treatment of the same types of assistance, provision or care in accordance with this Federal Law and other federal laws, regulatory legal acts of the Russian Federation, he is given the right to choose the appropriate type of assistance, provision or care one by one. base.

3. Reimbursement to the insured for lost earnings in terms of remuneration under a civil law contract, in accordance with which the employer is not obliged to pay insurance premiums to the insurer, as well as in terms of payment of royalties for which no insurance premiums have been charged, shall be made by the inflictor of harm.

Compensation of the insured for moral damage caused in connection with an industrial accident or occupational disease is carried out by the inflictor of harm.

Article 9. Amount of benefit for temporary incapacity for work in connection with an industrial accident or occupational disease

Federal Law of 08.02.2003 N 25-FZ establishes the minimum amount of benefits for temporary disability in connection with an industrial accident and occupational disease.

Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of permanent loss of professional disability in the amount of 100 percent of his average earnings, calculated in accordance with the legislation of the Russian Federation on benefits for temporary disability ...

Article 10. Lump-sum insurance payments and monthly insurance payments

1. Lump-sum insurance payments and monthly insurance payments are assigned and paid:

• to the insured - if, according to the conclusion of the institution of medical and social examination, the result of the occurrence of the insured event was the loss of his professional ability to work;
• to persons entitled to receive them - if the result of the occurrence of the insured event was the death of the insured.

2. Lump-sum insurance payments are paid to the insured no later than one calendar month from the date of appointment of the specified payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date the policyholder submits to the insurer all the documents necessary for the appointment of such payments.

3. Monthly insurance payments are paid to the insured during the entire period of their permanent loss of professional working capacity, and in the event of the death of the insured to persons entitled to receive them, during the periods established by Clause 3 of Article 7 of this Federal Law.

ConsultantPlus: note.

On the issue regarding the payment of monthly insurance payments assigned to the victim, but not received by him in connection with death, see the letter of the FSS RF dated 05/18/2000 N 02-18 / 07-3341.

4. When calculating insurance payments, all pensions, benefits and other similar payments assigned to the insured both before and after the occurrence of the insured event do not entail a decrease in their size. The earnings received by the insured after the occurrence of the insured event are also not included in the insurance payments.

Article 11. Amount of one-time insurance payment

The effect of paragraph 1 of this article was suspended in 2005 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases by the Federal Law of December 29, 2004 N 202-FZ.

Federal Law of December 29, 2004 N 202-FZ established that in 2005 the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of professional working capacity of the insured based on the amount of 43.2 thousand rubles ...

Clause 1 of Article 11 was suspended for 2004 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases by Federal Law No. 166-FZ of 08.12.2003.

Federal law of 08.12.2003 N 166-FZ established that in 2004 the size of a lump sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of professional working capacity of the insured based on the amount of 30 thousand rubles.

Clause 1 of Article 11 was suspended for 2003 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases by Federal Law of 08.02.2003 N 25-FZ.

Federal Law of 08.02.2003 N 25-FZ established that in 2003 the size of a lump sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of professional working capacity of the insured based on the amount of 27 thousand rubles.

1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured's professional working capacity, based on the sixty times the minimum wage established by federal law on the day of such payment.

In the event of the death of the insured, the lump-sum insurance payment is set in an amount equal to sixty times the minimum wage established by federal law on the day of such payment.

2. In localities where regional coefficients are established, percentage allowances to wages, the size of a lump sum insurance payment is determined taking into account these coefficients and allowances.

3. The degree of loss of professional working capacity by the insured shall be established by the institution of medical and social expertise.

The procedure for establishing the degree of loss of professional working capacity as a result of industrial accidents and occupational diseases is determined by the Government of the Russian Federation.

Article 12. Amount of monthly insurance payment

In 2005, the amount of the monthly insurance payment calculated in accordance with this article may not exceed 33 thousand rubles. The established limitation is applied when appointing or increasing monthly insurance payments after January 1, 2005. The amount of monthly insurance payments exceeding the amount of 33 thousand rubles as of January 1, 2005, does not change (Article 14 of the Federal Law of December 29, 2004 No. 202-FZ).

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

(as amended by Federal Law of 07.07.2003 N 118-FZ)

2. When calculating the amount of wages lost by the insured as a result of the occurrence of an insured event, all types of remuneration for his work, both at the place of his main job and in combination, are taken into account, for which insurance contributions are charged for compulsory social insurance against industrial accidents and occupational diseases. The amounts of remuneration under civil law contracts and the amount of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary disability or maternity leave, the benefits paid on the indicated grounds are taken into account.

(as amended by Federal Law of 07.07.2003 N 118-FZ)

All types of earnings are accounted for in the amounts accrued before taxes, fees and other mandatory payments.

In the areas where regional coefficients are established, percentage allowances to wages, the amount of monthly insurance payment is determined taking into account these coefficients and allowances.

When calculating the average monthly earnings of the insured sent by the insured to work outside the territory of the Russian Federation, the salary at the main place of work and the salary accrued in foreign currency are taken into account (if insurance contributions were charged on it for compulsory social insurance against industrial accidents and occupational diseases ), which is converted into rubles at the rate of the Central Bank of the Russian Federation established on the day of the appointment of the monthly insurance payment.

3. The average monthly earnings of the insured is calculated by dividing the total amount of his earnings (taking into account bonuses accrued in the billing period) for 12 months of work that caused damage to health, preceding the month in which he had an accident at work, a diagnosis of an occupational disease was established or (according to the choice of the insured), the loss (decrease) of his professional working capacity was established, at 12.

(as amended by Federal Law of 07.07.2003 N 118-FZ)

If the work that caused damage to health lasted less than 12 months, the average monthly earnings of the insured is calculated by dividing the total amount of his earnings for the number of months actually worked by him preceding the month in which he had an accident at work, a diagnosis of an occupational disease was established or (at the option of the insured) the loss (decrease) of his professional working capacity was established, for the number of these months. In cases where the period of work that caused damage to health was less than one full calendar month, the monthly insurance payment is calculated based on the conditional monthly earnings, determined as follows: the amount of earnings for the time worked is divided by the number of days worked and the amount received is multiplied by the number of working days in a month , calculated on average for the year. When calculating the average monthly earnings, the months not fully worked by the insured are replaced by the previous fully worked months or are excluded if it is impossible to replace them.

(as amended by Federal Law of 07.07.2003 N 118-FZ)

At the request of the insured, upon the occurrence of an insured event due to the receipt of an occupational disease, the average monthly earnings can be calculated for the last 12 months of work preceding the termination of work that caused such an illness.

4. Monthly insurance payments to an insured who has not reached the age of 18 at the time of the appointment of insurance coverage, are calculated from his average earnings, but not less than the minimum subsistence level of the working-age population as a whole in the Russian Federation established in accordance with the law.

(Clause 4 as amended by Federal Law of 07.07.2003 N 118-FZ)

5. If the insured event occurs after the expiration of the employment contract (contract), at the request of the insured, his earnings are taken into account until the expiration of the specified contract (contract) or the usual amount of remuneration of an employee of his qualifications in a given locality, but not less than established in accordance with the law the size of the subsistence minimum of the working-age population as a whole in the Russian Federation.

(as amended by Federal Law of 07.07.2003 N 118-FZ)

6. If in the earnings of the insured before the occurrence of the insured event there have been stable changes that improve his property status (the salary for the position held has been increased, he has been transferred to a higher-paid job, he started working after graduating from an educational institution in full-time education and in other cases when the stability of the change or the possibility of changing the remuneration of the insured has been proven), when calculating his average monthly earnings, only the earnings that he received or should have received after the corresponding change are taken into account.

7. If it is impossible to obtain a document on the amount of the insured's earnings, the amount of the monthly insurance payment is calculated based on the tariff rate (official salary) established (established) in the industry (sub-industry) for this profession, and similar working conditions at the time of applying for insurance payments.

After submitting a document on the amount of earnings, the amount of the monthly insurance payment is recalculated from the month following the month in which the relevant documents were submitted.

(as amended by Federal Law of 07.07.2003 N 118-FZ)

Data on the size of tariff rates (official salaries) of employees are provided by the labor bodies of the constituent entities of the Russian Federation.

(the paragraph was introduced by the Federal Law of 07.07.2003 N 118-FZ)

8. To persons who have the right to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated on the basis of his average monthly earnings minus the shares attributable to him and the able-bodied persons who were dependent on him, but who are not entitled to receive insurance. payments. To determine the amount of monthly insurance payments to each person who has the right to receive them, the total amount of these payments is divided by the number of persons entitled to receive insurance payments in the event of the death of the insured.

(as amended by Federal Laws of 25.10.2001 N 141-FZ, of 07.07.2003 N 118-FZ)

9. The calculated and assigned monthly insurance payment is not subject to further recalculation, except for cases of a change in the degree of loss of professional ability to work, a change in the circle of persons entitled to receive insurance payments in the event of the death of the insured, as well as cases of indexation of the monthly insurance payment.

10. In connection with the increase in the cost of living, the amount of earnings, from which the monthly insurance payment is calculated, increase in the manner prescribed by the legislation of the Russian Federation.

Clause 11 of Article 12 is suspended for 2003 by Federal Law of 08.02.2003 N 25-FZ.

11. The size of the monthly insurance payment is indexed taking into account the level of inflation within the limits of funds provided for this purpose in the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year.

The indexation coefficient and its frequency are determined by the Government of the Russian Federation.

(Clause 11 as amended by Federal Law dated 26.11.2002 N 152-FZ)

12. The maximum amount of monthly insurance payment is established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year.

When assigning insurance benefits to the insured for several insured events, the limitation of the maximum amount is applied to the total amount of the insurance benefit.

When appointing insurance payments to persons entitled to receive them in connection with the death of the insured, the limitation to the maximum amount is applied to the total amount of insurance payments assigned in connection with the death of the insured.

(Clause 12 was introduced by Federal Law of 07.07.2003 N 118-FZ)

Article 13. Examination, re-examination of the insured by the institution of medical and social examination

1. The examination of the insured by the institution of medical and social expertise is carried out at the request of the insurer, the policyholder or the insured, or by the decision of the judge (court) when submitting an act on an industrial accident or an act on an occupational disease.

2. The re-examination of the insured by the institution of medical and social expertise is carried out within the time limits established by this institution. Re-examination of the insured can be carried out ahead of schedule at the request of the insured or at the request of the insurer or policyholder. In case of disagreement of the insured, the insurer, the insured with the conclusion of the institution of medical and social examination, the said conclusion may be appealed by the insured, the insurer, the insured in court. (as amended by Federal Law of 07.07.2003 N 118-FZ)

Evasion of the insured, without a valid reason, from re-examination within the terms established by the institution of medical and social examination entails the loss of the right to insurance coverage until he passes the specified re-examination.

Article 14. Taking into account the guilt of the insured when determining the amount of monthly insurance payments

1. If, during the investigation of the insured event by the commission for the investigation of the insured event, it has been established that gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, the amount of monthly insurance payments shall be reduced according to the degree of guilt of the insured, but not more than 25 percent. The degree of guilt of the insured is established by the commission for the investigation of the insured event as a percentage and is indicated in the statement of an industrial accident or in the statement of an occupational disease.

When determining the degree of guilt of the insured, the conclusion of the trade union committee or other representative body authorized by the insured is considered.

The amount of monthly insurance payments provided for by this Federal Law cannot be reduced in the event of the death of the insured.

Upon the occurrence of insured events, confirmed in accordance with the established procedure, refusal to compensate for harm is not allowed.

2. Harm caused by the intent of the insured, confirmed by the conclusion of law enforcement agencies, is not subject to compensation.

Article 15. Assignment and payment of insurance security

1. Assignment and payment of temporary disability benefits to the insured in connection with an industrial accident or occupational disease shall be made in accordance with the procedure established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary incapacity for work under state social insurance.

2. The day of applying for insurance coverage is the day when the insurer, his authorized representative or a person entitled to receive insurance payments, submits an application for insurance coverage to the insurer. When the said application is sent by mail, the date of its dispatch is considered the day of applying for insurance security.

The insured, his authorized representative or the person entitled to receive insurance payments, has the right to apply to the insurer with an application for insurance coverage, regardless of the period of limitation of the insured event.

3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of professional ability to work from the day from which the institution of medical and social examination established the fact of loss of professional ability to work by the insured, excluding the period for which the insured was granted temporary disability benefit specified in paragraph 1 of this article.

Persons entitled to receive insurance payments in connection with the death of the insured, a one-time insurance payment and monthly insurance payments are assigned from the day of his death, but not earlier than acquiring the right to receive insurance payments.

Upon the occurrence of circumstances entailing a recalculation of the amount of insurance payment in accordance with Clause 9 of Article 12 of this Federal Law, such recalculation is made from the month following the month in which the indicated circumstances occurred.

(the paragraph was introduced by the Federal Law of 07.07.2003 N 118-FZ)

Claims for the appointment and payment of insurance coverage, which have been filed after three years from the moment the right to receive these payments arises, shall be satisfied for the past time not more than three years preceding the application for insurance coverage.

4. Assignment of insurance coverage is carried out by the insurer on the basis of an application by the insured, his authorized representative or a person entitled to receive insurance payments, to receive insurance coverage, and the following documents (their certified copies) submitted by the policyholder (insured):

(as amended by Federal Law of 07.07.2003 N 118-FZ)

a statement of an industrial accident or an occupational disease;

certificates of the insured's average monthly earnings for the period chosen by him for calculating monthly insurance payments in accordance with this Federal Law;

(as amended by Federal Law of 07.07.2003 N 118-FZ)

the conclusion of the institution of medical and social expertise on the degree of loss of professional working capacity of the insured;

conclusions of the institution of medical and social expertise on the necessary types of social, medical and professional rehabilitation of the insured;

a civil contract providing for the payment of insurance premiums in favor of the insured, as well as a copy of the work record book or other document confirming the victim's employment relationship with the policyholder;

(as amended by Federal Law of 07.07.2003 N 118-FZ)

death certificate of the insured;

certificates of the housing maintenance authority, and in its absence, a local government body on the composition of the family of the deceased insured;

notification of a medical institution about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);

(as amended by Federal Law of 07.07.2003 N 118-FZ)

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

(as amended by Federal Law of 07.07.2003 N 118-FZ)

a document confirming that one of the parents, spouse (spouse) or other family member of the deceased, who is taking care of the children, grandchildren, brothers and sisters of the insured, who have not reached the age of 14 or have reached the specified age, but at the conclusion of the institution of medical and social expertise or a medical and prophylactic institution recognized as needy for health reasons in outside care, does not work;

(as amended by Federal Law of 07.07.2003 N 118-FZ)

certificates of an educational institution that a family member of the deceased insured who is entitled to receive insurance payments is studying at this educational institution on a full-time basis;

documents confirming the expenses for the implementation, upon the conclusion of the institution of medical and social expertise, of the social, medical and professional rehabilitation of the insured, provided for by subparagraph 3 of paragraph 1 of Article 8 of this Federal Law;

(as amended by Federal Law of 07.07.2003 N 118-FZ)

the conclusion of the institution of medical and social expertise on the connection between the death of the victim and an industrial accident or occupational disease;

(the paragraph was introduced by the Federal Law of 07.07.2003 N 118-FZ)

a document confirming the fact of being dependent or establishing the right to receive maintenance;

(the paragraph was introduced by the Federal Law of 07.07.2003 N 118-FZ)

victim rehabilitation programs.

(the paragraph was introduced by the Federal Law of 07.07.2003 N 118-FZ)

The list of documents (their certified copies) required for the appointment of insurance coverage is determined by the insurer for each insured event.

The decision on the appointment or refusal of the appointment of insurance payments is made by the insurer no later than 10 days (in the event of the death of the insured - no later than 2 days) from the date of receipt of the application for insurance coverage and all the necessary documents (their certified copies) according to the list determined by him.

The delay by the insurer of making a decision on the appointment or refusal of the appointment of insurance payments within the prescribed period is considered as a refusal to appoint insurance payments.

The application for obtaining insurance coverage and documents (their certified copies), on the basis of which the insurance coverage was assigned, are kept by the insurer.

5. Facts that have legal significance for the appointment of insurance coverage in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance coverage, as well as in case of disagreement of the interested person with the content of such documents, shall be established by the court.

(Clause 5 as amended by Federal Law of 07.07.2003 N 118-FZ)

6. In the event of the death of the insured, the lump sum insurance payment shall be made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in clause 2 of Article 7 of this Federal Law who, on the day of the death of the insured, had the right to receive a lump sum insurance payment.

7. Payment of insurance coverage to the insured, except for the payment of temporary disability benefits assigned in connection with the insured event, and payment of leave (in excess of the annual paid leave) for the entire period of treatment and travel to the place of treatment and back, which are made by the policyholder and are counted in the account of payment of insurance premiums is made by the insurer.

Lump-sum insurance payments are made within the time frame established by Clause 2 of Article 10 of this Federal Law.

Monthly insurance payments are made by the insurer no later than the expiration of the month for which they were charged.

(Clause 7 as amended by Federal Law of 07.07.2003 N 118-FZ)

8. In the event of a delay in insurance payments within the established time frame, the insurance subject, which must make such payments, is obliged to pay the insured and persons entitled to receive insurance payments a penalty in the amount of 0.5 percent of the unpaid amount of insurance payments for each day of delay.

Penalty interest resulting from the delay by the policyholder of insurance payments shall not be counted towards the payment of insurance premiums to the insurer.

9. If the insurant delays in the payments of temporary disability benefits, assigned in connection with the insured event, for more than one calendar month, the said payments are made by the insurer at the request of the insured.

(Clause 9 as amended by Federal Law of 07.07.2003 N 118-FZ)

Chapter III. Rights and obligations of insurance subjects

Article 16. Rights and obligations of the insured

1. The Insured has the right to:

1) provision for insurance in the manner and under the conditions established by this Federal Law;

2) participation in the investigation of an insured event, including with the participation of a trade union body or his authorized representative;

ConsultantPlus: note.

3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and the court;

4) protection of their rights and legal interests, including in court;

5) free training in safe methods and techniques of work without interruption from production, as well as with a separation from production in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;

6) self-appeal to medical and preventive institutions of the state health care system and institutions of medical and social expertise on medical examination and re-examination;

7) appeal to trade union or other representative bodies authorized by the insured on matters of compulsory social insurance against industrial accidents and occupational diseases;

8) obtaining from the policyholder and the insurer free information about their rights and obligations under compulsory social insurance against industrial accidents and occupational diseases.

2. The Insured is obliged:

1) comply with the labor protection rules and labor protection instructions;

2) notify the insurer about a change in his place of residence or place of work, as well as about the occurrence of circumstances entailing a change in the amount of insurance security received by him or the loss of the right to receive insurance security, within ten days from the date of such circumstances;

3) comply with the recommendations for medical, social and professional rehabilitation within the time limits established by the program for the rehabilitation of the victim as a result of an industrial accident and occupational disease, undergo medical examinations and re-examination within the terms established by the institutions of medical and social expertise, as well as on the direction of the insurer.

(Clause 3 as amended by Federal Law of 07.07.2003 N 118-FZ)

Article 17. Rights and obligations of the policyholder

1. The policyholder has the right:

1) participate in the establishment of premiums and discounts to the insurance rate;

2) require the participation of the executive body for labor in checking the correctness of the establishment of allowances and discounts to the insurance tariff;

3) to protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The policyholder is obliged:

1) timely submit to the executive bodies of the insurer the documents required for registration as an insurant in the cases provided for by paragraphs three, four and five of part one of Article 6 of this Federal Law;

(Clause 1 as amended by Federal Law of 23.12.2003 N 185-FZ)

On the refusal to accept for consideration a complaint on recognizing subparagraph 2 of paragraph 2 of Article 17 as unconstitutional due to the fact that the resolution of the question posed by the Constitutional Court of the Russian Federation is beyond the jurisdiction of, see the definition of the Constitutional Court of the Russian Federation of 20.11.2003 N 437-O.

2) accrue and transfer insurance premiums to the insurer in accordance with the established procedure and within the time frame specified by the insurer;

3) execute the decisions of the insurer on insurance payments;

4) ensure measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;

5) investigate insured events in the manner established by the Government of the Russian Federation;

ConsultantPlus: note.

On the issue of the procedure for investigating and recording occupational diseases, see Decree of the Government of the Russian Federation of December 15, 2000 N 967.

6) notify the insurer about it within 24 hours from the date of the insured event;

7) collect and submit, at its own expense, to the insurer, within the time frame established by the insurer, documents (their certified copies) that are the basis for calculating and paying insurance premiums, assigning insurance coverage, and other information necessary for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

8) send the insured to the institution of medical and social examination for examination (re-examination) within the time limits established by the institution of medical and social examination;

9) submit to the institutions of medical and social examination the conclusions of the body of state examination of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;

10) provide an insured person in need of treatment for reasons related to the occurrence of an insured event with a paid vacation for sanatorium treatment (in excess of the annual paid vacation established by the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back;

11) train the insured in safe methods and techniques of work on the job at the expense of the insured;

12) send certain categories of insured persons to occupational safety training in accordance with the procedure determined by the Government of the Russian Federation;

13) promptly notify the insurer about its reorganization or liquidation;

14) execute decisions of the state labor inspectorate on the prevention of the occurrence of insured events and their investigation;

15) provide the insured with certified copies of documents that are the basis for insurance coverage;

16) explain to the insured their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of the documents he has, which are the basis for insurance provision, and submit to the insurer reports in the form established by the insurer;

18) inform the insurer of all known circumstances that are important in determining by the insurer, in accordance with the established procedure, premiums and discounts to the insurance rate.

Article 18. Rights and obligations of the insurer

1. The insurer has the right:

1) establish for policyholders in the manner determined by the Government of the Russian Federation, premiums and discounts to the insurance rate;

2) participate in the investigation of insured events, examination, re-examination of the insured in the institution of medical and social examination and determination of his need for social, medical and professional rehabilitation;

(as amended by Federal Law of 07.07.2003 N 118-FZ)

3) send the insured person to the institution of medical and social expertise for examination (re-examination);

(as amended by Federal Law of 07.07.2003 N 118-FZ)

4) check information about insured events in organizations of any organizational and legal form;

5) interact with the state labor inspectorate, executive bodies for labor, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on the issues of compulsory social insurance against industrial accidents and occupational diseases;

7) to protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The insurer is obliged:

1) register the policyholders in a timely manner;

(as amended by Federal Law of 23.12.2003 N 185-FZ)

2) collect insurance premiums;

3) timely carry out insurance provision in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance provision;

4) provide insurance coverage for persons entitled to receive it and who have left for permanent residence outside the Russian Federation, in the manner determined by the Government of the Russian Federation;

The effect of Article 11 of the Federal Law of February 11, 2002 N 17-FZ, which established that subparagraph 5 of paragraph 2 of Article 18 does not apply in 2002, was extended for 2003 by Federal Law of February 8, 2003 N 25-FZ.

Subparagraph 5 of paragraph 2 of Article 18 does not apply in 2002 (Federal Law of 11.02.2002 N 17-FZ).

5) transfer funds to the federal executive body for labor to carry out training activities provided for by subparagraph 12 of paragraph 2 of Article 17 of this Federal Law and participate in monitoring the correct use of these funds;

6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

7) execute decisions of the state labor inspectorate on compulsory social insurance against industrial accidents and occupational diseases;

8) control the activities of the insured in fulfilling his obligations under Articles 17 and 19 of this Federal Law;

9) explain to the insured and policyholders their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

10) accumulate capitalized payments in case of liquidation of the policyholder;

11) take the necessary measures to ensure the financial stability of the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves for the implementation of this type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the relevant financial year;

12) ensure the confidentiality of the information obtained as a result of its activities about the policyholder, the insured and persons entitled to receive insurance payments.

Article 18.1. Obligations of bodies carrying out registration of acts of civil status

(introduced by the Federal Law of 07.07.2003 N 118-FZ)

The bodies carrying out the registration of acts of civil status are obliged at their location to inform the insurer about the facts of state registration of the death of the insured within 10 days after the registration of these facts.

Article 19. Liability of insurance entities

1. The insured is liable for non-fulfillment or improper fulfillment of the obligations imposed on him by this Federal Law of timely registration as an insured with the insurer, timely and full payment of insurance premiums, timely submission to the insurer of the established reporting, as well as for the timely and full payment of insurance payments assigned by the insurer insured.

Due to the fact that the procedure for registering legal entities as policyholders has been changed, penalties for violating the term of registration as an insured in a department (branch of a department) of the Fund do not apply to legal entities (Resolution of the FSS RF dated 04.12.2003 N 134).

Violation of the period of registration as an insured with an insurer established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of five thousand rubles.

Violation of the period of registration as an insured with an insurer for more than 90 days established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of 10 thousand rubles.

Carrying out by an individual who has entered into an employment contract with an employee, activities without registering as an insured with the insurer entails the recovery of a fine in the amount of 10 percent of the taxable base for calculating insurance premiums, determined for the entire period of activity without registration with the insurer, but not less than 20 thousand rubles ...

(as amended by Federal Law of 23.12.2003 N 185-FZ)

Failure to pay or incomplete payment of insurance premiums as a result of understating the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other illegal actions (inaction) entails the collection of a fine in the amount of 20 percent of the amount of insurance premiums due, and deliberate commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.

Violation of the established deadline for submission to the insurer of the established reporting or its failure to submit it entails the recovery of a fine in the amount of one thousand rubles, and the repeated commission of these acts within a calendar year - in the amount of five thousand rubles.

Bringing the insured to responsibility is carried out by the insurer in a manner similar to the procedure established by the Tax Code of the Russian Federation for bringing to responsibility for tax violations.

The amounts of the expenses incurred by the insured in violation of the requirements of legislative or other regulatory legal acts or not confirmed by documents in the prescribed manner for the payment of benefits for temporary disability in connection with an industrial accident and occupational disease, as well as for the payment of the insured's leave (in excess of the annual paid leave established legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back are not included in the payment of insurance premiums.

(as amended by Federal Law of 07.07.2003 N 118-FZ)

The policyholder is responsible for the accuracy of the information provided to the insurer, which is necessary for the assignment of insurance coverage to the insured. In case of unreliability of the information specified by the policyholder, the excessively incurred costs of insurance coverage are not included in the payment of insurance premiums.

Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

(Clause 1 as amended by Federal Law of 22.04.2003 N 47-FZ)

2. The insurer is responsible for the implementation of compulsory social insurance against industrial accidents and occupational diseases, the correctness and timeliness of insurance coverage for the insured and persons entitled to receive insurance payments in accordance with this Federal Law.

3. The insured and the persons who have been granted the right to receive insurance payments are responsible in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information about the occurrence of circumstances entailing a change in insurance coverage, including a change in the amount of insurance payments or termination of such payments.

In case of concealment or inaccuracy of the information specified by them, necessary to confirm the right to receive insurance coverage, the insured and the persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for unnecessary expenses incurred by him voluntarily or on the basis of a court decision.

Chapter IV. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases

Article 20. Formation of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases

1. Funds for compulsory social insurance against industrial accidents and occupational diseases are formed from:

1) mandatory insurance premiums of policyholders;

2) levied fines and penalties;

3) capitalized payments received in the event of liquidation of the policyholders;

4) other receipts that do not contradict the legislation of the Russian Federation.

2. Funds for compulsory social insurance against industrial accidents and occupational diseases are reflected in the income and expenditure parts of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law, in separate lines. These funds are federal property and are not subject to seizure.

Article 21. Insurance rates

(as amended by Federal Law of 01.12.2004 N 152-FZ)

Insurance rates differentiated by occupational risk classes are established by federal law.

The draft of such a federal law is annually submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.

Article 22. Insurance premiums

1. Insurance premiums are paid by the policyholder based on the insurance rate, taking into account the discount or surcharge established by the insurer.

The amount of the specified discount or premium is set for the policyholder, taking into account the state of labor protection, costs of insurance coverage and cannot exceed 40 percent of the insurance rate established for the corresponding class of professional risk.

(as amended by Federal Law of 01.12.2004 N 152-FZ)

The indicated discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue part of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law.

2. Insurance premiums, with the exception of premiums to insurance rates and fines, are paid regardless of other social insurance contributions and are included in the cost of goods produced (work performed, services rendered) or are included in the estimate of the costs of maintaining the policyholder.

The premiums to insurance rates and penalties provided for by Articles 15 and 19 of this Federal Law are paid by the insured from the amount of profit at his disposal or from the estimate of expenses for the maintenance of the insured, and in the absence of profit, they are charged to the cost of goods manufactured (work performed, services ).

3. The rules for classifying types of economic activity as a professional risk class, rules for establishing discounts and premiums to insurance rates for policyholders, rules for calculating, recording and spending funds for compulsory social insurance against industrial accidents and occupational diseases are approved in the manner determined by the Government of the Russian Federation ...

(Clause 3 as amended by Federal Law dated 01.12.2004 N 152-FZ)

4. The amounts of insurance premiums are transferred by the insured who has entered into an employment contract with the employee, monthly within the period established for the receipt (transfer) of funds in banks (other credit institutions) for the payment of wages for the past month, and by the insured, obliged to pay insurance premiums on the basis of civil - legal contracts, - within the period specified by the insurer.

(Clause 4 introduced by Federal Law of 22.04.2003 N 47-FZ)

Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums. Collection of arrears and penalties

1. In the event that the policyholder pays insurance premiums later than the established time, he shall pay penalties in the manner and amount established by this Article.

Penalty interest is calculated for each calendar day of delay in payment of insurance premiums.

Penalties shall be charged in excess of the amounts of insurance premiums and other payments due to the insurer and regardless of the collection from the insured of the fines provided for by Clause 1 of Article 19 of this Federal Law.

2. Penalties are calculated from the day following the established day of payment of insurance premiums and until the day of their payment (collection) inclusive.

The day of payment of insurance premiums is the day the policyholder submits to the bank (other credit organization) a payment order for the transfer of insurance premiums if there is a sufficient cash balance on the account of the policyholder, and when paying in cash - the day of depositing to the bank (other credit organization) or cash office of the local authority self-government or the organization of the federal postal service of the sum of money towards the payment of insurance premiums.

Insurance premiums are not considered paid if the policyholder withdraws or the bank (other credit institution) returns a payment order for the transfer of insurance premiums, as well as if at the time the policyholder submits a payment order for the transfer of insurance premiums, the policyholder has other unfulfilled requirements for the account, which, in accordance with the legislation of the Russian Federation, are executed as a matter of priority, but does not have sufficient funds on the account to meet all requirements.

3. Penalty interest is not charged if the policyholder confirms that he could not pay off the arrears due to the suspension of operations on his bank accounts or the seizure of his property.

4. Penalty interest is determined as a percentage of arrears.

Arrears are recognized as the amount of insurance premiums not paid in due time.

The interest rate of penalties is set in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect at the time of the arrears.

When the specified refinancing rate is changed, the amount of penalties based on the new refinancing rate is determined from the day following the day of its change.

5. Penalty interest shall be paid by the policyholder simultaneously with the payment of insurance premiums, and in case of insufficient funds from the policyholder after payment of insurance premiums in full.

6. Arrears and penalties may be collected by the insurer from the policyholder forcibly at the expense of the funds and other property of the policyholder.

The collection of arrears and penalties from the insured - an individual is carried out in court.

The collection of arrears and penalties from the policyholder - a legal entity is carried out by the insurer on the basis of its decision to collect arrears and penalties in an indisputable manner at the expense of funds held on the accounts of the policyholder in the bank (other credit institutions) by sending a collection order (order) to transfer the arrears and penalties to the bank (other credit organizations), where the accounts of the said policyholder are opened.

The collection order (order) of the insurer on the transfer of arrears and penalties to the bank (other credit organizations) must contain an indication of the accounts of the insured from which the insurance contribution for compulsory social insurance against industrial accidents and occupational diseases must be transferred, and the amount, to be listed.

The collection of arrears and penalties can be made from the ruble settlement (current) and (or) foreign currency accounts of the insured, with the exception of loan, budget and deposit (if the term of the deposit agreement has not expired) accounts.

In case of insufficiency or absence of funds on the accounts of the insured - a legal entity, or the absence of information about the accounts of the insured, the insurer has the right to collect arrears and penalties at the expense of other property of the insured - a legal entity by sending a corresponding resolution to the bailiff - the executor.

Article 22.2. Obligations of banks (other credit institutions) related to accounting for policyholders, execution of instructions for transferring funds of compulsory social insurance against industrial accidents and occupational diseases, and liability for their failure

(introduced by the Federal Law of 22.04.2003 N 47-FZ)

1 - 2. Abolished. - Federal Law of 23.12.2003 N 185-FZ.

3. The deadline for the execution by banks (other credit institutions) of the instruction of the insured to transfer insurance premiums to the insurer or the collection order (order) of the insurer to collect insurance premiums from the insured - a legal entity is one business day from the day following the day of receipt of such an order.

If banks (other credit institutions) violate the deadline for the execution of the instruction of the insured to transfer insurance premiums to the insurer, as well as if banks (other credit organizations) fail to fulfill the collection order (order) of the insurer to collect insurance premiums from the insured - a legal entity if there are sufficient funds on the account of the specified the insurer, the insurer collects a penalty from banks (other credit institutions) in the amount of one hundred and fiftyth the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent for each day of delay.

4. The collection of penalties from banks (other credit organizations) is carried out by the insurer in a manner similar to the procedure for collecting penalties from insured - legal entities.

(as amended by Federal Law of 23.12.2003 N 185-FZ)

5. Bringing to administrative responsibility for violations of the requirements of this Federal Law shall be carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

Article 23. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in the event of reorganization or liquidation of the insured - a legal entity

1. In the event of the reorganization of the insured - a legal entity, its obligations established by this Federal Law, including the obligation to pay insurance premiums, shall be transferred to its legal successor.

2. In the event of liquidation of the insured - a legal entity, he is obliged to make capitalized payments to the insurer in the manner determined by the Government of the Russian Federation.

The liquidation commission may include a representative of the insurer.

Article 24. Accounting and reporting on compulsory social insurance against industrial accidents and occupational diseases

1. The insured in accordance with the established procedure keep records of cases of industrial injuries and occupational diseases of the insured and related insurance coverage, maintain state quarterly statistical and accounting reports.

The insured quarterly, no later than the 15th day of the month following the expired quarter, submit, in accordance with the established procedure, to the insurer at the place of their registration, reports in the form established by the insurer.

(the paragraph was introduced by the Federal Law of 22.04.2003 N 47-FZ)

2. The state quarterly statistical reporting of insured persons on occupational injuries, occupational diseases and related material costs shall be submitted in accordance with the procedure established by the Government of the Russian Federation.

3. The policyholder and his officials shall bear the responsibility established by the legislation of the Russian Federation for failure to submit or inaccurate statistical as well as accounting statements.

Article 25. Accounting and reporting of the insurer

Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law shall be credited to a single centralized account of the insurer in the institutions of the Central Bank of the Russian Federation and spent for the purposes of this type of social insurance.

Operations on a single centralized account of the insurer are carried out in accordance with the rules of the Central Bank of the Russian Federation. Credit organizations accept insurance premiums from policyholders without charging a commission for these operations.

Article 26. Control over the implementation of compulsory social insurance against industrial accidents and occupational diseases

1. State control over the observance of the rights of insurance subjects and the fulfillment of their duties by them shall be carried out in the manner determined by the legislation of the Russian Federation.

State control over the financial and economic activities of the insurer and the implementation of compulsory social insurance against industrial accidents and occupational diseases is carried out by the Accounts Chamber of the Russian Federation, and in terms of the use of allocations from the federal budget - also by the federal executive body in the field of finance.

2. At least once a year, the insurer shall ensure that its financial and economic activities are checked by a specialized auditing organization that has an appropriate license.

3. Public control over the observance of the legal rights and interests of the insured in accordance with this Federal Law shall be exercised by trade unions or other representative bodies authorized by the insured.

Chapter V. Final and transitional provisions

ConsultantPlus: note.

Federal Law of 02.01.2000 N 10-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2000" entered into force on January 6, 2000.

Article 27. Entry into force of this Federal Law

1. This Federal Law shall enter into force simultaneously with the entry into force of the provisions of the Federal Law establishing the insurance rates required to generate funds for compulsory social insurance against industrial accidents and occupational diseases.

2. From the day of the official publication of this Federal Law, the insurer performs preliminary registration of policyholders, registration of persons who should be granted the right to receive insurance coverage, transfer to the insurer in the form established by it of information about these persons by the policyholders and insurance organizations, as well as organizational work on preparation of the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law.

Article 28. Transitional Provisions

1. Persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health related to the performance of their work duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, are provided with insurance the insurer in accordance with this Federal Law, regardless of the timing of injury, occupational disease or other damage to health.

   The insurance coverage established for the said persons upon entry into force of this Federal Law cannot be lower than the compensation established earlier in accordance with the legislation of the Russian Federation for damage caused by injury, occupational disease or other health damage associated with the performance of labor duties.

   Examination of professional working capacity in institutions of medical and social examination of persons who, prior to the entry into force of this Federal Law, received an injury, occupational disease or other damage to health associated with the performance of these persons' work duties, shall be carried out within the time limits established before the entry into force of this Federal Law. The examination of professional working capacity can be carried out earlier than the specified timeframe at the request of the insured.

2. The registration of policyholders by the insurer is carried out within 10 days after the entry into force of this Federal Law.
3. The insurer shall not be liable for the elimination of debts resulting from the failure of employers or insurance organizations to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health injuries, and to pay a penalty for delaying the liquidation of these debts, if such debts arose before the entry into force of this Federal Law. Employers and insurance organizations retain the obligation to eliminate these debts and pay a penalty in the amount of 1 percent of the unpaid amount of compensation for the above harm for each day of delay until the day this Federal Law comes into force. Penalty for delay in liquidation of debts that have arisen after the entry into force of this Federal Law shall be paid in the amount of 0.5 percent of the unpaid amount of compensation for the above harm for each day of delay.
4. Payments capitalized in connection with the liquidation of legal entities responsible for payment to victims of compensation for harm caused by injury, occupational disease or other health damage associated with the performance of labor duties, made to insurance organizations before the entry into force of this Federal Law, are transferred to the insurer within one months from the date of entry into force of this Federal Law in the amount of the remainder of these amounts as of the date of its entry into force. In this case, the insurer receives documents confirming the right of the victims (including those entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm.
5. The persons specified in clause 1 of this article shall be provided with insurance coverage in accordance with this Federal Law in full, regardless of whether the capitalization of payments was made in the liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties.

Article 29. Recognition as invalid of certain legislative acts of the Russian Federation

To recognize as invalid from the date of entry into force of this Federal Law:

Resolution of the Supreme Soviet of the Russian Federation of December 24, 1992 N 4214-1 "On approval of the Rules for compensation by employers of harm caused to employees by injury, occupational disease or other health damage associated with the performance of their labor duties" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 71), with the exception of paragraphs one and two of clause 2;

The rules for compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by the Resolution of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation Federation, 1993, N 2, Art. 71);

article 1 of the Federal Law "On Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers of Harm Caused to Employees by Injury, Occupational Disease or Other Health Damage Related to the Performance of Their Labor Duties" (Collected Legislation of the Russian Federation, 1995, N 48, Art. . 4562).

Article 30. On amendments and additions to some legislative acts of the Russian Federation

1. Abolished. - Labor Code of the Russian Federation of December 30, 2001 N 197-FZ.

2. Abolished. - Federal Law of 17.07.1999 N 181-FZ.

3. Abolished. - Federal Law of August 22, 2004 N 122-FZ.

4. Introduce the following addition to the Criminal Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 2, Art. 198):

the fourth part of Article 44 shall be supplemented with the words "and monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases".

Article 31. Bringing normative legal acts in accordance with this Federal Law

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law.

Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

July 24, 1998 # 125-FZ

RUSSIAN FEDERATION
THE FEDERAL LAW

ABOUT OBLIGATORY SOCIAL INSURANCE AGAINST ACCIDENTS
INDUSTRIAL CASES AND DISEASES

(as amended on 10.01.2016)

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations of compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment contract and in other cases established by this Federal Law. ...

Chapter I. GENERAL PROVISIONS

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:

• ensuring social protection of the insured and the economic interest of insurance subjects in reducing professional risk;
• compensation for harm caused to the life and health of the insured during the performance of his duties under the employment contract and in other cases established by this Federal Law, by providing the insured in full with all the necessary types of insurance coverage, including payment of expenses for medical, social and professional rehabilitation;
• No. 348-FZ)
• provision of preventive measures to reduce industrial injuries and occupational diseases.

2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, in the part exceeding the insurance coverage carried out in accordance with this Federal Law.

In the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with this Federal Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the owner of a hazardous facility for harm as a result of an accident at a hazardous facility.

3. State authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations and citizens hiring employees, have the right, in addition to compulsory social insurance provided for by this Federal Law, to carry out, at their own expense, other types of employee insurance provided for by the legislation of the Russian Federation.

Article 2. Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases

The legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it.

If an international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, then the rules of the international treaty of the Russian Federation shall apply.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

• the object of compulsory social insurance against industrial accidents and occupational diseases is the property interests of individuals associated with the loss of health by these individuals, occupational disability or their death as a result of an industrial accident or occupational disease;
• subjects of insurance - the insured, the policyholder, the insurer;
• insured:
• an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of Clause 1 of Article 5 of this Federal Law;
• an individual who has suffered damage to health as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure and entailed a loss of professional ability to work;
• insured - a legal entity of any organizational and legal form (including a foreign organization operating on the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with clause 1 of Article 5 of this Federal Law;
• insurer - Social Insurance Fund of the Russian Federation;
• insured event - the fact of damage to health or death of the insured as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure, which entails the occurrence of the obligation of the insurer to provide insurance coverage;
• No. 394-FZ)
• industrial accident - an event as a result of which the insured received an injury or other damage to health while fulfilling his obligations under an employment contract and in other cases established by this Federal Law both on the territory of the insured and outside it, or while traveling to the place of work or return from the place of work in the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of professional ability to work or his death;
• (as amended by Federal Law No. 348-FZ of 08.12.2010)
• occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and entailed a temporary or permanent loss of his professional ability to work and (or) his death;
• (as amended by Federal Law No. 394-FZ of December 29, 2015)
• insurance premium - a mandatory payment for compulsory social insurance against industrial accidents and occupational diseases, calculated on the basis of the insurance rate, discounts (surcharges) to the insurance rate, which the policyholder is obliged to pay to the insurer;
• insurance tariff - the rate of the insurance premium calculated on the basis of the amounts of payments and other remuneration accrued in favor of the insured under employment contracts and civil law contracts and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law;
• (as amended by Federal Law No. 348-FZ of 08.12.2010)
• insurance coverage - insurance compensation for harm caused as a result of an insured event to the life and health of the insured in the form of monetary amounts paid or compensated by the insurer to the insured or to persons entitled to this in accordance with this Federal Law;
• occupational risk - the likelihood of damage (loss) of health or death of the insured, associated with the performance of his obligations under the employment contract and in other cases established by this Federal Law;
• occupational risk class - the level of occupational injuries, occupational morbidity and expenses for insurance coverage, prevailing by the types of economic activities of the insured;
• professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;
• the degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities before the occurrence of the insured event;
• the insured's earnings - all types of payments and other remuneration (both at the main place of work and part-time) accrued in favor of the insured in the framework of labor relations and civil law contracts, the subject of which is the performance of work and (or) the provision of services, copyright agreement order, if in accordance with the specified contracts the customer is obliged to pay insurance premiums to the insurer, and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law.

Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases

The main principles of compulsory social insurance against industrial accidents and occupational diseases are:

• guaranteed right of the insured to insurance coverage;
• the economic interest of the subjects of insurance in improving conditions and increasing labor safety, reducing occupational injuries and occupational morbidity;
• compulsory registration as policyholders of all persons who employ (attract to work) workers subject to compulsory social insurance against industrial accidents and occupational diseases;
• obligatory payment of insurance premiums by the insured;
• differentiation of insurance rates depending on the class of professional risk.

Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases

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

• individuals performing work on the basis of an employment contract concluded with the policyholder;
• (as amended by Federal Law No. 348-FZ of 08.12.2010)
• individuals sentenced to imprisonment and involved in labor by the insured.
• Individuals performing work on the basis of a civil law contract, the subject of which is the performance of work and (or) the provision of services, a copyright contract, are subject to compulsory social insurance against accidents at work and occupational diseases, if, in accordance with these contracts, the customer is obliged to pay insurance premiums to the insurer.
• (as amended by Federal Law No. 394-FZ of December 29, 2015)

2. This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation.

Article 6. Registration of policyholders

1. Registration of policyholders is carried out in the territorial bodies of the insurer:

1) insured - legal entities within a period not exceeding three working days from the date of submission to the territorial bodies of the insurer by the federal executive body carrying out state registration of legal entities, information contained in the unified state register of legal entities and submitted in the manner prescribed by the authorized by the Government of the Russian Federation by the federal executive body;

2) insurers - legal entities at the location of their separate subdivisions, for which legal entities have opened accounts in banks (other credit institutions) for transactions and which have a separate balance and charge payments and other remuneration in favor of individuals, on the basis of an application for registration with as an insured, presented no later than 30 calendar days from the date of creation of such a separate subdivision;

3) policyholders - individuals who have entered into an employment contract with an employee at the place of residence of the policyholder on the basis of an application for registration as an insurant, submitted no later than 30 calendar days from the date of the conclusion of an employment contract with the first of the employed employees;

4) policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, the subject of which is the performance of work and (or) the provision of services, a copyright contract, at the place of residence of the policyholder on the basis of an application for registration as an policyholder presented within a period not later than 30 calendar days from the date of the conclusion of the specified agreement.

2. A document confirming the fact of registration of the policyholders specified in subparagraph 1 of paragraph 1 of this article, and a document on the insurance rate for compulsory social insurance against industrial accidents and occupational diseases are sent by the territorial body of the insurer to the policyholder using public information and telecommunication networks, in including the Internet, including a single portal of state and municipal services, in the form of electronic documents signed with an enhanced qualified electronic signature at the e-mail address contained in the data of the unified state register of legal entities (when specifying the e-mail address in the application for state registration) submitted by the federal executive body carrying out state registration of legal entities to the territorial bodies of the insurer. Obtaining in writing on paper confirmation of the fact of this registration and information about the insurance rate for compulsory social insurance against industrial accidents and occupational diseases is not mandatory for the policyholder. Such documents are issued at the relevant request of the insured by the territorial body of the insurer within a period not exceeding three working days from the date of receipt of the relevant request.

3. Deregistration of policyholders is carried out at the place of registration in the territorial offices of the insurer:

1) insured - legal entities within a period not later than five working days from the date of submission to the territorial bodies of the insurer by the federal executive body carrying out state registration of legal entities, information contained in the unified state register of legal entities, in the manner determined by the authorized by the Government of the Russian Federation federal executive authority;

2) policyholders - legal entities specified in subparagraph 2 of paragraph 1 of this article, no later than 14 working days from the day the policyholder submits an application for deregistration (in case of liquidation of a separate subdivision, or closure of an insured - a legal entity of a bank account (other a credit institution) opened for operations by a separate subdivision, or termination of the powers of a separate subdivision to maintain a separate balance sheet or accrue payments and other remuneration in favor of individuals) at the location of such a separate subdivision;

3) policyholders - individuals specified in subparagraph 3 of paragraph 1 of this article, no later than 14 working days from the date the policyholder submits an application for deregistration (in case of termination of the employment contract with the last of the hired employees);

4) policyholders - individuals specified in subparagraph 4 of paragraph 1 of this article, no later than 14 working days from the day the policyholder submits an application for deregistration (in case of termination or expiration of the civil contract, the subject of which is the performance of work and (or) the provision of services, an author's order agreement, provided that there is no employment contract with an employee accepted by the insured).

4. Applications for registration as a policyholder and applications for deregistration of policyholders specified in subparagraphs 2 - 4 of paragraph 1 of this article shall be submitted on paper or in the form of an electronic document signed with an enhanced qualified electronic signature.

5. The procedure for registration and deregistration of policyholders specified in subparagraphs 2 - 4 of paragraph 1 of this article, as well as the forms of documents that are used by the territorial bodies of the insurer when registering and deregistering policyholders, are established by the federal executive body in charge of developing state social insurance policy and regulation.

Article 7. Right to insurance coverage

1. The right of the insured to receive insurance coverage arises from the date of the insured event.

2. The right to receive insurance payments in the event of the death of the insured as a result of the occurrence of an insured event has:

• disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him;
• child of the deceased, born after his death;
• one of the parents, spouse (spouse) or another family member, regardless of his ability to work, who does not work and is busy caring for the deceased's dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or, although they have reached the specified age, but according to the conclusion of the federal institution of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or a medical organization recognized as needy for health reasons in outside care;
• (as amended by Federal Law No. 394-FZ of December 29, 2015)
• persons who were dependent on the deceased, who became disabled within five years from the date of his death.

3. Insurance benefits in the event of the death of the insured are paid:

• minors - until they reach the age of 18;
• students over 18 years old - before receiving full-time education, but not more than 23 years old;
• women who have reached the age of 55 and men who have reached the age of 60 - for life;
• disabled people - for the period of disability;
• to one of the parents, spouse (spouse) or other family member who is not working and is engaged in caring for the children, grandchildren, brothers and sisters, who were dependent on the deceased, until they reach the age of 14 or a change in health.

4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the insured's earnings was their permanent and main source of livelihood.

5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or the legislation of the Russian Federation on compensation for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their work duties, are entitled to insurance coverage from the date of entry into force of this Federal Law.

Chapter II. INSURANCE COVERAGE

Article 8. Types of insurance coverage

1. Provision for insurance is carried out:

1) in the form of a temporary disability allowance assigned in connection with an insured event and paid out of funds for compulsory social insurance against industrial accidents and occupational diseases;

2) in the form of insurance payments:

a one-time insurance payment to the insured or to persons entitled to receive such payment in the event of his death;

monthly insurance payments to the insured or to persons entitled to receive such payments in the event of his death;

3) in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:

• treatment of the insured, carried out in the territory of the Russian Federation immediately after a serious accident at work, until the restoration of working capacity or the establishment of a permanent loss of professional working capacity;
• purchase of medicines for medical use and medical devices;
• (as amended by Federal Law No. 421-FZ of 28.12.2013)
• outside (special medical and household) care for the insured, including that carried out by members of his family;
• the travel of the insured, and, if necessary, for the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a serious industrial accident, medical rehabilitation in organizations providing spa services, obtaining a special vehicle, order, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation) and when sent by the insurer to the institution of medical and social expertise and to the institution that examines the connection between the disease and the profession;
• medical rehabilitation in organizations providing sanatorium and resort services, including on a voucher, including payment for treatment, accommodation and meals for the insured, and, if necessary, payment for travel, accommodation and meals for the person accompanying him, payment for the insured's vacation (in excess of the annual paid leave established the legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
• production and repair of prostheses, prosthetic and orthopedic products and orthoses;
• provision of technical means of rehabilitation and their repair;
• provision of vehicles in the presence of appropriate medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;
• (as amended by Federal Law No. 132-FZ of 23.10.2003)
• vocational training and obtaining additional vocational education.
• (as amended by Federal Law No. 185-FZ dated 02.07.2013)

2. Payment of additional costs provided for in subparagraph 3 of paragraph 1 of this article, with the exception of payment of costs for the treatment of the insured immediately after the serious accident at work, shall be made by the insurer, if the institution of medical and social expertise has established that the insured needs in accordance with the rehabilitation program of the victim as a result of an accident at work and occupational disease in the specified types of assistance, provision or care. The conditions, amounts and procedure for payment of such expenses are determined by the Government of the Russian Federation.

If the insured person simultaneously has the right to receive free or preferential treatment of the same types of assistance, provision or care in accordance with this Federal Law and other federal laws, regulatory legal acts of the Russian Federation, he is given the right to choose the appropriate type of assistance, provision or care one by one. base.

3. Harm caused to the life or health of an individual in the performance of his obligations under a civil law contract, the subject of which is the performance of work and (or) the provision of services, an author's order contract, in accordance with which the customer is not obliged to pay insurance premiums to the insurer, is compensated by the inflictor of harm in accordance with the legislation of the Russian Federation.

Compensation of the insured for moral damage caused in connection with an industrial accident or occupational disease is carried out by the inflictor of harm.

Article 9. Amount of benefit for temporary incapacity for work in connection with an industrial accident or occupational disease

(as amended by Federal Law No. 36-FZ dated 05.04.2013)

1. Allowance for temporary disability due to an industrial accident or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of permanent loss of professional disability in the amount of 100 percent of his average earnings, calculated in accordance with the Federal Law of December 29, 2006 year № 255-ФЗ "On compulsory social insurance in case of temporary disability and in connection with motherhood."

2. The maximum amount of benefits for temporary disability due to an industrial accident or occupational disease for a full calendar month may not exceed four times the maximum amount of the monthly insurance payment established in accordance with Clause 12 of Article 12 of this Federal Law.

3. If the amount of the benefit for temporary incapacity for work due to an accident at work or occupational disease, calculated from the average earnings of the insured, exceeds the maximum amount of benefit for temporary incapacity for work due to an accident at work or occupational disease, this benefit is paid based on the specified maximum size. In this case, the amount of the daily allowance for temporary incapacity for work in connection with an accident at work or occupational disease is determined by dividing the maximum amount of allowance for temporary incapacity for work in connection with an accident at work or occupational disease for a full calendar month by the number of calendar days in a calendar month, which accounts for temporary incapacity for work, and the amount of the benefit payable is calculated by multiplying the amount of the daily allowance for temporary incapacity for work in connection with an industrial accident or occupational disease by the number of calendar days falling on the period of temporary incapacity for work in each calendar month.

Article 10. Lump-sum insurance payments and monthly insurance payments

1. Lump-sum insurance payments and monthly insurance payments are assigned and paid:

to the insured - if, according to the conclusion of the institution of medical and social examination, the result of the occurrence of the insured event was the loss of his professional ability to work;

to persons entitled to receive them - if the result of the occurrence of the insured event was the death of the insured.

2. Lump-sum insurance payments are paid to the insured no later than one calendar month from the date of appointment of the specified payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date the policyholder submits to the insurer all the documents necessary for the appointment of such payments.

3. Monthly insurance payments are paid to the insured during the entire period of their permanent loss of professional working capacity, and in the event of the death of the insured to persons entitled to receive them, during the periods established by Clause 3 of Article 7 of this Federal Law.

4. When calculating insurance payments, all pensions, benefits and other similar payments assigned to the insured both before and after the occurrence of the insured event do not entail a decrease in their size. The earnings received by the insured after the occurrence of the insured event are also not included in the insurance payments.

Article 11. Amount of one-time insurance payment

1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured's professional working capacity based on the maximum amount established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. In areas where regional coefficients are established, percentage allowances to wages, the amount of a one-time insurance payment assigned to the insured depending on the degree of his loss of professional ability to work is determined taking into account these coefficients and allowances.

(as amended by Federal Laws dated December 29, 2006 No. 259-FZ, dated December 2, 2013 No. 331-FZ)

2. In the event of the death of the insured, the amount of the lump sum insurance payment is 1 million rubles.

(Clause 2 as amended by Federal Law No. 331-FZ dated 02.12.2013)

3. The degree of loss of professional working capacity by the insured shall be established by the institution of medical and social expertise.

The procedure for establishing the degree of loss of professional working capacity as a result of industrial accidents and occupational diseases is determined by the Government of the Russian Federation.

Article 12. Amount of monthly insurance payment

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

(as amended by Federal Law No. 118-FZ dated 07.07.2003)

2. When calculating the amount of earnings lost by the insured as a result of the occurrence of an insured event, payments and other remuneration accrued in favor of individuals under a civil law contract, the subject of which is the performance of work and (or) the provision of services, are taken into account, in accordance with which the customer is obliged to pay insurance premiums to the insurer.

(as amended by Federal Law No. 394-FZ of December 29, 2015)

All types of earnings are accounted for in the amounts accrued before taxes, fees and other mandatory payments.

In the areas where regional coefficients are established, percentage allowances to wages, the amount of monthly insurance payment is determined taking into account these coefficients and allowances.

When calculating the average monthly earnings of the insured sent by the insured to work outside the territory of the Russian Federation, both the amount of earnings at the main place of work and the amount of earnings accrued in foreign currency (if insurance premiums were charged on them) are taken into account, which are converted into rubles at the rate of the Central the Bank of the Russian Federation, established on the day of appointment of the monthly insurance payment.

(as amended by Federal Law No. 348-FZ of 08.12.2010)

3. The average monthly earnings of the insured is calculated by dividing the total amount of his earnings (taking into account bonuses accrued in the billing period) for 12 months of work that caused damage to health, preceding the month in which he had an accident at work, a diagnosis of an occupational disease was established or (according to the choice of the insured), the loss (decrease) of his professional working capacity is established by 12. When calculating the average monthly earnings of the insured, the months not fully worked by him, as well as the months for which there is no information about the insured's earnings, are replaced by the previous months fully worked at work that caused damage health, and for which there is information about earnings, or are excluded if it is impossible to replace them. The replacement of the months that have not been fully worked by the insured is not made if during this period, in accordance with the legislation of the Russian Federation, the average earnings remained for him, on which insurance premiums are charged in accordance with Article 20.1 of this Federal Law.

(as amended by Federal Laws dated 07.07.2003 No. 118-FZ, dated 29.12.2015 No. 394-FZ)

If the work that caused damage to health lasted less than 12 months or 12 months, but there is no information on earnings for one or several months, the average monthly earnings of the insured is calculated by dividing the total amount of his earnings for the number of months actually worked for which there is information about earnings and which preceded the month in which an industrial accident happened to him, a diagnosis of an occupational disease was established or (at the option of the insured) a loss (decrease) of his professional working capacity was established, for the number of months actually worked. If the period of work that caused damage to health was less than one full calendar month, the monthly insurance payment is calculated based on the conditional monthly earnings, determined by dividing the amount of earnings for the time worked by the number of days worked and multiplying the result by the number of working days in the month , calculated on average for the year.

(as amended by Federal Law No. 394-FZ of December 29, 2015)

At the request of the insured, upon the occurrence of an insured event due to the receipt of an occupational disease, the average monthly earnings can be calculated for the last 12 months of work preceding the termination of work that caused such an illness.

4. Monthly insurance payments to an insured who has not reached the age of 18 at the time of the appointment of insurance coverage, are calculated from his average earnings, but not less than the minimum subsistence level of the working-age population as a whole in the Russian Federation established in accordance with the law.

(Clause 4 as amended by Federal Law No. 118-FZ dated 07.07.2003)

5. If the insured event occurred after the expiration of the employment contract, as well as the civil law contract, the subject of which was the performance of work and (or) the provision of services, the author's order contract and, in accordance with these contracts, the payment of insurance premiums to the insurer was envisaged, the monthly insurance payment calculated from the earnings of the insured until the expiration of the specified contract.

(Clause 5 as amended by Federal Law No. 394-FZ of December 29, 2015)

6. If in the earnings of the insured before the occurrence of the insured event there have been stable changes that improve his property status (the salary for the position held has been increased, he has been transferred to a higher-paid job, he started working after graduating from an educational institution in full-time education and in other cases when the stability of the change or the possibility of changing the remuneration of the insured has been proven), when calculating his average monthly earnings, only the earnings that he received or should have received after the corresponding change are taken into account.

7. If the insured (policyholder) is not able to submit a certificate (s) of earnings, from which the monthly insurance payment must be calculated, the monthly insurance payment is calculated from the tariff rate (official salary) established in the industry (sub-industry) for the given profession and similar working conditions at the time of applying for insurance payments, or (at the option of the insured) the subsistence minimum of the working-age population as a whole in the Russian Federation, established in accordance with federal law on the day of applying for the appointment of insurance coverage. At the same time, if the insured at the time of the occurrence of the insured event worked on a part-time basis (part-time (shift) or part-time week), the amount of the monthly insurance payment shall be reduced in proportion to the duration of the insured's working time.

In this case, the territorial body of the insurer, upon the application of the insured, sends a request to the territorial body of the Pension Fund of the Russian Federation for the submission of information on the wages, other payments and remuneration of the insured from the respective policyholder for the calendar year preceding the year in which he suffered an industrial accident a diagnosis of an occupational disease has been established or (at the option of the insured) a loss (decrease) of his professional working capacity has been established, or, at the request of the insured in the event of an insured event due to his receipt of an occupational disease, for the last calendar year of work that caused such a disease. The application form of the insured, the form and procedure for sending the request, the form, procedure and terms for the submission of the requested information by the territorial body of the Pension Fund of the Russian Federation shall be established by the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance. If the specified information is available, the monthly insurance payment is calculated based on this information.

In the event that, after the appointment of a monthly insurance payment, calculated in the manner prescribed by paragraphs one and two of this clause, the insured (policyholder) submits a certificate (certificates) of the insurer's earnings to the territorial body of the insurer, from which the monthly insurance payment assigned monthly insurance payment is subject to recalculation from the month following the month in which the corresponding certificate (s) was submitted. Moreover, the amount of the recalculated monthly insurance payment cannot be less than the previously established amount.

(Clause 7 as amended by Federal Law No. 394-FZ of December 29, 2015)

8. To persons who have the right to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated on the basis of his average monthly earnings minus the shares attributable to him and the able-bodied persons who were dependent on him, but who are not entitled to receive insurance. payments. To determine the amount of monthly insurance payments to each person who has the right to receive them, the total amount of these payments is divided by the number of persons entitled to receive insurance payments in the event of the death of the insured.

(as amended by Federal Laws dated 25.10.2001 No. 141-FZ, dated 07.07.2003 No. 118-FZ)

9. The monthly insurance payment is not subject to further recalculation, except for the following cases:

change in the degree of loss of professional ability to work;

changing the circle of persons entitled to receive insurance payments in the event of the death of the insured;

clarification of data on the amount of the actual earnings of the insured;

indexation of monthly insurance payments.

(Clause 9 as amended by Federal Law No. 394-FZ of December 29, 2015)

10. When appointing a monthly insurance payment, the amount of earnings, from which the size of the monthly insurance payment is calculated, received for the period before the day of indexation of the size of monthly insurance payments in accordance with paragraph 11 of this article, shall be increased taking into account the corresponding coefficients established for indexing the size of the monthly insurance payment ... In this case, the coefficients applied to the amount of earnings are not applied to the assigned amount of the monthly insurance payment.

(as amended by Federal Law No. 350-FZ of 09.12.2010)

In connection with the increase in the cost of living and changes in the level of wages, the amount of earnings, from which the size of the monthly insurance payment is calculated, increases taking into account the following coefficients:

for 1971 and previous periods - 11.2; for 1972 - 10.9; for 1973 - 10.6; for 1974 - 10.3; for 1975 - 10.0; for 1976 - 9.7; for 1977 - 9.4; for 1978 - 9.1; for 1979 - 8.8; for 1980 - 8.5; for 1981 - 8.2; for 1982 - 7.9; for 1983 - 7.6; for 1984 - 7.3; for 1985 - 7.0; for 1986 - 6.7; for 1987 - 6.4; for 1988 - 6.1; for 1989 - 5.8; for 1990 - 5.5; for 1991 - 4.3.

(paragraph introduced by Federal Law No. 90-FZ of 19.05.2010)

The amount of earnings, from which the size of the monthly insurance payment is calculated, is additionally increased for the period up to January 1, 1991, taking into account the coefficient 6, from January 1, 1991 to December 31, 1991 - taking into account the coefficient 3.

(paragraph introduced by Federal Law No. 90-FZ of 19.05.2010)

Due to the increase in the cost of living and changes in the level of wages in calculating the amount of the monthly insurance payment, the amount of earnings received for the period from January 1, 1992 to January 31, 1993, is increased taking into account the coefficient 3.

(paragraph introduced by Federal Law No. 90-FZ of 19.05.2010)

The amount of earnings, from which the amount of the monthly insurance payment is calculated, received for the period before May 1, 2002, increases in proportion to the increase in a centralized manner in the period up to May 1, 2002 inclusive of the minimum wage.

(the paragraph was introduced by the Federal Law of 09.12.2010 No. 350-FZ)

11. The size of the monthly insurance payment is indexed taking into account the level of inflation within the limits of funds provided for this purpose in the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year.

The indexation coefficient and its frequency are determined by the Government of the Russian Federation.

(Clause 11 as amended by Federal Law No. 152-FZ dated 26.11.2002)

12. Abolished from January 1, 2016. - Federal Law of 07.07.2003 No. 118-FZ (revised on 29.12.2015).

Article 13. Examination, re-examination of the insured by the institution of medical and social examination

1. The examination of the insured by the institution of medical and social expertise is carried out at the request of the insurer, the policyholder or the insured, or by the decision of the judge (court) when submitting an act on an industrial accident or an act on an occupational disease.

2. The re-examination of the insured by the institution of medical and social expertise is carried out within the time limits established by this institution. Re-examination of the insured can be carried out ahead of schedule at the request of the insured or at the request of the insurer or policyholder. In case of disagreement of the insured, the insurer, the insured with the conclusion of the institution of medical and social examination, the said conclusion may be appealed by the insured, the insurer, the insured in court.

(as amended by Federal Law No. 118-FZ dated 07.07.2003)

Evasion of the insured, without a valid reason, from re-examination within the terms established by the institution of medical and social examination entails the loss of the right to insurance coverage until he passes the specified re-examination.

Article 14. Taking into account the guilt of the insured when determining the amount of monthly insurance payments

1. If, during the investigation of the insured event by the commission for the investigation of the insured event, it has been established that gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, the amount of monthly insurance payments shall be reduced according to the degree of guilt of the insured, but not more than 25 percent. The degree of guilt of the insured is established by the commission for the investigation of the insured event as a percentage and is indicated in the statement of an industrial accident or in the statement of an occupational disease.

When determining the degree of guilt of the insured, the conclusion of the trade union committee or other representative body authorized by the insured is considered.

The amount of monthly insurance payments provided for by this Federal Law cannot be reduced in the event of the death of the insured.

Upon the occurrence of insured events, confirmed in accordance with the established procedure, refusal to compensate for harm is not allowed.

2. Harm caused by the intent of the insured, confirmed by the conclusion of law enforcement agencies, is not subject to compensation.

Article 15. Assignment and payment of insurance security

1. Assignment and payment of temporary disability benefits to the insured in connection with an industrial accident or occupational disease shall be made in accordance with the procedure established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary incapacity for work under state social insurance.

2. The day of applying for insurance coverage is the day the insurer submits an application for insurance coverage to the insurer or a person entitled to receive insurance benefits in the event of the death of the insured, or their legal or authorized representative. If the specified application is sent by mail, the date indicated on the postmark of the postal organization at the place of departure of this application is considered the day of applying for insurance coverage.

The insured or the person entitled to receive insurance payments in the event of the death of the insured, or their legal or authorized representative, has the right to apply to the insurer with an application for insurance coverage, regardless of the limitation period of the insured event.

(Clause 2 as amended by Federal Law No. 394-FZ of December 29, 2015)

3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of professional ability to work from the day from which the institution of medical and social examination established the fact of loss of professional ability to work by the insured, excluding the period for which the insured was granted temporary disability benefit specified in paragraph 1 of this article.

Persons entitled to receive insurance payments in connection with the death of the insured, a one-time insurance payment and monthly insurance payments are assigned from the day of his death, but not earlier than acquiring the right to receive insurance payments.

Upon the occurrence of circumstances entailing a recalculation of the amount of insurance payment in accordance with Clause 9 of Article 12 of this Federal Law, such recalculation is made from the month following the month in which the indicated circumstances occurred.

(the paragraph was introduced by the Federal Law of 07.07.2003 No. 118-FZ)

Claims for the appointment and payment of insurance coverage, which have been filed after three years from the moment the right to receive these payments arises, shall be satisfied for the past time not more than three years preceding the application for insurance coverage.

4. Assignment of insurance coverage is carried out by the insurer on the basis of an application for insurance coverage of the insured or a person entitled to receive insurance payments in the event of the death of the insured, or their legal or authorized representative, indicating in this application the selected period for calculating monthly insurance payments. The application is submitted on paper or in the form of an electronic document signed with a strengthened qualified electronic signature. Simultaneously with the application, the insured or the aforementioned persons shall submit the following documents (their copies, certified in accordance with the established procedure):

• a document proving the identity of a citizen;
• a statement of an industrial accident or occupational disease;
• the conclusion of the state labor inspector;
• a court decision on establishing the legal fact of an industrial accident (occupational disease) - in the absence of documents specified in paragraphs three and four of this clause, or to establish the fact of an industrial accident or occupational disease that occurred with a person carrying out work under civil law an agreement, the subject of which is the performance of work and (or) the provision of services, under a copyright contract;
• work book or other document confirming that the victim is in an employment relationship with the policyholder;
• a civil law contract, the subject of which is the performance of work and (or) the provision of services, an author's order contract, providing for the payment of insurance premiums to the insurer;
• death certificate of the insured, other certificates of state registration of acts of civil status;
• a conclusion issued in accordance with the established procedure on the connection between the death of the insured and an industrial accident or occupational disease;
• the conclusion of the institution of medical and social examination on the degree of loss of professional working capacity for the insured;
• notification of a medical organization about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);
• the conclusion of the center of occupational pathology on the presence of an occupational disease;
• certificate (another document) about the insured's earnings for the period chosen by him for calculating monthly insurance payments;
• victim rehabilitation program;
• documents confirming the costs of medical, social and professional rehabilitation of the insured;
• documents containing information about the family composition of the deceased insured;
• a document confirming that one of the parents, spouse (spouse) or other family member of the deceased insured, who is taking care of the children, grandchildren, brothers and sisters of the insured, who have not reached the age of 14 or have reached the specified age, but according to the conclusion of the institution of medical and social expertise or a medical organization recognized as needing outside care for health reasons, does not work;
• a certificate from an educational organization stating that a family member of the deceased insured who is entitled to receive insurance payments is studying at this educational organization in full-time education;
• the conclusion of a medical and social examination institution or a medical organization on the recognition of children, grandchildren, brothers and sisters of the insured who have reached the age of 14 years, in need of outside care for health reasons;
• a court decision confirming the fact of being dependent;
• a document confirming the powers of a legal or authorized representative of the insured or a legal or authorized representative of a person entitled to receive insurance benefits in the event of the death of the insured - if such a representative submits an application.

The documents required for the appointment of insurance coverage are submitted by the insured (the insured or the person entitled to receive insurance payments in the event of the death of the insured, or their legal or authorized representative) on paper or in the form of an electronic document signed by an official authorized to sign such a document the person of the body (organization) with the type of electronic signature, which is established by the legislation of the Russian Federation for signing these documents.

The list of documents (their copies, certified in accordance with the established procedure) specified in this paragraph and necessary for the appointment of insurance coverage is determined by the insurer for each insured event.

In the absence of the policyholder, the presence of the policyholder on the territory of another constituent entity of the Russian Federation or a serious health condition of the insured or a person entitled to receive insurance payments in the event of the death of the insured, the insurer, on the basis of their application, shall assist in obtaining the documents necessary for assigning insurance coverage by requesting them from the relevant legal entities and individuals.

The decision on the appointment or refusal of the appointment of insurance payments is made by the insurer no later than ten calendar days (in the event of the death of the insured - no later than two calendar days) from the date of receipt of the application for obtaining insurance coverage and all necessary documents (copies thereof certified in the prescribed manner ) according to the list defined by him. The insurer shall notify the insured about the decision taken in writing within three working days from the date of the relevant decision.

5. Facts that have legal significance for the appointment of insurance coverage in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance coverage, as well as in case of disagreement of the interested person with the content of such documents, shall be established by the court.

(Clause 5 as amended by Federal Law No. 118-FZ dated 07.07.2003)

6. In the event of the death of the insured, the lump sum insurance payment shall be made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in clause 2 of Article 7 of this Federal Law who, on the day of the death of the insured, had the right to receive a lump sum insurance payment.

7. Payment of insurance coverage to the insured, except for the payment of temporary disability benefits assigned in connection with the insured event, and payment of leave (in excess of the annual paid leave) for the entire period of treatment and travel to the place of treatment and back, which are made by the policyholder and are counted in the account of payment of insurance premiums is made by the insurer.

Lump-sum insurance payments are made within the time frame established by Clause 2 of Article 10 of this Federal Law.

Monthly insurance payments are made by the insurer no later than the expiration of the month for which they were charged.

(Clause 7 as amended by Federal Law No. 118-FZ dated 07.07.2003)

8. In the event of a delay in insurance payments within the established time frame, the insurance subject, which must make such payments, is obliged to pay the insured and persons entitled to receive insurance payments a penalty in the amount of 0.5 percent of the unpaid amount of insurance payments for each day of delay.

Penalty interest resulting from the delay by the policyholder of insurance payments shall not be counted towards the payment of insurance premiums to the insurer.

9. If the insurant delays in the payments of temporary disability benefits, assigned in connection with the insured event, for more than one calendar month, the said payments are made by the insurer at the request of the insured.

The application is submitted to the insured on paper or in the form of an electronic document signed with an enhanced qualified electronic signature.

(Clause 9 as amended by Federal Law No. 118-FZ dated 07.07.2003)

Chapter III. RIGHTS AND OBLIGATIONS OF INSURANCE SUBJECTS

Article 16. Rights and obligations of the insured

1. The Insured has the right to:

1) provision for insurance in the manner and under the conditions established by this Federal Law;

2) participation in the investigation of an insured event, including with the participation of a trade union body or its legal or authorized representative;

(as amended by Federal Law No. 394-FZ of December 29, 2015)

3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and the court;

4) protection of their rights and legal interests, including in court;

5) free training in safe methods and techniques of work without interruption from production, as well as with a separation from production in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;

6) self-appeal to medical organizations and institutions of medical and social expertise on medical examination and re-examination;

(as amended by Federal Law No. 394-FZ of December 29, 2015)

7) appeal to trade union or other representative bodies authorized by the insured on matters of compulsory social insurance against industrial accidents and occupational diseases;

8) obtaining from the policyholder and the insurer free information about their rights and obligations under compulsory social insurance against industrial accidents and occupational diseases.

2. The Insured is obliged:

1) comply with the labor protection rules and labor protection instructions;

2) notify the insurer about a change in his place of residence or place of work, as well as about the occurrence of circumstances entailing a change in the amount of insurance security received by him or the loss of the right to receive insurance security, within ten days from the date of such circumstances;

3) comply with the recommendations for medical, social and professional rehabilitation within the time limits established by the program for the rehabilitation of the victim as a result of an industrial accident and occupational disease, undergo medical examinations and re-examination within the terms established by the institutions of medical and social expertise, as well as on the direction of the insurer.

(Clause 3 as amended by Federal Law No. 118-FZ dated 07.07.2003)

Article 17. Rights and obligations of the policyholder

1. The policyholder has the right:

1) participate in the establishment of premiums and discounts to the insurance rate;

2) require the participation of the executive body for labor in checking the correctness of the establishment of allowances and discounts to the insurance tariff;

3) to protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The policyholder is obliged:

1) timely submit to the territorial bodies of the insurer the documents required for registration as an insured, in the cases provided for by paragraphs three, four and five of part one of Article 6 of this Federal Law, if such documents (information contained in them) are not at the disposal of the authorities, providing state services, bodies providing municipal services, other state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts or such documents are included in the list of documents determined by the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services".

(as amended by Federal Laws dated 23.12.2003 No. 185-FZ, dated 03.12.2011 No. 383-FZ, dated 21.07.2014 No. 216-FZ, dated 29.12.2015 No. 394-FZ)

The documents required for registration as an insurant, in the cases provided for by paragraphs three, four and five of part one of Article 6 of this Federal Law, may be submitted on paper or in the form of electronic documents signed by officials of bodies (organizations) authorized to sign such documents ) the type of electronic signature that is established by the legislation of the Russian Federation for signing these documents;

(the paragraph was introduced by Federal Law No. 216-FZ of July 21, 2014)

2) correctly calculate, timely and in full pay (transfer) insurance premiums;

(Clause 2 as amended by Federal Law No. 394-FZ dated December 29, 2015)

3) execute the decisions of the insurer on insurance payments;

4) ensure measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;

5) investigate insured events in accordance with the procedure established by the federal executive body authorized by the Government of the Russian Federation;

(as amended by Federal Law No. 160-FZ dated 23.07.2008)

6) notify the insurer about it within 24 hours from the date of the insured event;

7) collect and submit, at its own expense, to the insurer, within the time frame established by the insurer, documents (their certified copies) that are the basis for calculating and paying insurance premiums, assigning insurance coverage, and other information necessary for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

8) send the insured to the institution of medical and social examination for examination (re-examination) within the time limits established by the institution of medical and social examination;

9) submit to the institutions of medical and social examination the conclusions of the body of state examination of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;

10) provide an insured person in need of treatment for reasons related to the occurrence of an insured event with a paid vacation for sanatorium treatment (in excess of the annual paid vacation established by the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back;

11) train the insured in safe methods and techniques of work on the job at the expense of the insured;

13) inform the territorial bodies of the insurer:

on the creation, liquidation, change of the address (location) and (or) the name of the separate divisions specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law, as well as on the closure of an insured legal entity of an account in a bank (other credit institution) opened for carrying out activities by a separate subdivision, or on the termination of the powers of a separate subdivision to maintain a separate balance sheet or to accrue payments and other remuneration in favor of individuals;

on change of place of residence (for insured individuals, specified in subparagraphs 3 and 4 of paragraph 1 of Article 6 of this Federal Law);

(Clause 13 as amended by Federal Law No. 394-FZ dated December 29, 2015)

14) execute decisions of the state labor inspectorate on the prevention of the occurrence of insured events and their investigation;

15) provide the insured with certified copies of documents that are the basis for insurance coverage;

16) explain to the insured their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of the documents he has, which are the basis for insurance provision, and submit to the insurer reports in the form established by the insurer in agreement with the federal executive body performing the functions of developing state policy and legal regulation in the field of social insurance;

(as amended by Federal Laws dated 24.07.2009 No. 213-FZ, dated 28.06.2014 No. 188-FZ)

18) inform the insurer about all known circumstances that are important in determining by the insurer in accordance with the established procedure the premiums and discounts to the insurance rate, including information on the results of a special assessment of working conditions and the mandatory preliminary and periodic medical examinations of employees subject to these examinations;

19) submit to the territorial bodies of the insurer documents confirming the correctness of the calculation, timeliness and completeness of the payment (transfer) of insurance premiums and the correctness of the costs of payment of insurance coverage to the insured (in this case, these documents can be submitted in the form of electronic documents and transmitted using information and telecommunication networks, access to which is not limited to a certain circle of persons, including a single portal of state and municipal services).

(Clause 19 introduced by Federal Law No. 394-FZ, dated 29 December 2015)

Article 18. Rights and obligations of the insurer

1. The insurer has the right:

1) establish for policyholders in the manner determined by the Government of the Russian Federation, premiums and discounts to the insurance rate;

2) provide policyholders with deferrals (installments) for the payment of insurance premiums, penalties and fines in the manner and on conditions that are similar to the procedure and conditions established by Articles 18.1, 18.2, 18.4 and 18.5 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund "(hereinafter referred to as the Federal Law" On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund ") ;.

3) participate in the investigation of insured events, examination (re-examination) of the insured person at the institution of medical and social examination and determining his need for medical, social and professional rehabilitation;

4) send the insured person to the institution of medical and social expertise for examination (re-examination);

5) check information about insured events in organizations of any organizational and legal form;

6) make a decision on the direction by the insured in the amount determined annually by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year, a part of the amount of insurance contributions for the financial provision of preventive measures to reduce industrial injuries and occupational diseases of employees and sanatorium treatment of employees, employed in work with harmful and (or) hazardous production factors. Financial support for these activities is carried out in accordance with the rules approved in the manner determined by the Government of the Russian Federation;

7) to check the correctness of the calculation, timeliness and completeness of payment (transfer) of insurance premiums by the policyholders, as well as the correctness of payment of insurance coverage to the insured, to demand and receive from the policyholders the necessary documents and explanations on issues arising during the checks, in a manner similar to the procedure, established by parts 1, 2, 4 of Article 33 and Articles 34 - 39 of the Federal Law “On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Fund of Compulsory Medical Insurance”;

8) demand from the policyholders documents that serve as the basis for the calculation and payment (transfer) of insurance premiums, the implementation of expenses for the payment of insurance coverage, as well as documents confirming the correct calculation, timeliness and completeness of payment (transfer) of insurance premiums, the correctness and validity of the costs of the policyholder for the payment of insurance coverage;

9) not to take into account for the payment of insurance premiums the insured's expenses incurred in violation of the legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases, not supported by documents or made on the basis of incorrectly executed documents or issued in violation of the established procedure;

10) interact with the state labor inspectorate, executive bodies for labor, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on the issues of compulsory social insurance against industrial accidents and occupational diseases;

12) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The insurer is obliged:

1) register the policyholders in a timely manner;

(as amended by Federal Law No. 185-FZ dated 23.12.2003)

2) collect insurance premiums;

3) timely carry out insurance provision in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance provision;

4) provide insurance coverage for persons entitled to receive it and who have left for permanent residence outside the Russian Federation, in the manner determined by the Government of the Russian Federation;

6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

7) execute decisions of the state labor inspectorate on compulsory social insurance against industrial accidents and occupational diseases;

8) control the activities of the insured in fulfilling his obligations under Articles 17 and 19 of this Federal Law;

9) explain to the insured and policyholders their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

10) accumulate capitalized payments in case of liquidation of the policyholder;

11) take the necessary measures to ensure the financial stability of the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves for the implementation of this type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year and planning period;

12) ensure the confidentiality of the information obtained as a result of its activities about the policyholder, the insured and persons entitled to receive insurance payments. Restriction of access to information about the insured is carried out in a manner similar to the procedure established by Article 32 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund";

(Clause 12 as amended by Federal Law No. 394-FZ of December 29, 2015)

13) send to the territorial compulsory health insurance funds information about the decision to pay the costs of treatment of the insured immediately after the severe industrial accident that has occurred at the expense of compulsory social insurance against industrial accidents and occupational diseases in the form and in the manner approved by the insurer in agreement with the Federal Compulsory Medical Insurance Fund;

(Clause 13 introduced by Federal Law No. 313-FZ, dated 29 November 2010)

14) is obliged to receive, using interdepartmental information interaction, documents (information contained therein) that are at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies in in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, if these documents are not submitted by the insured or the policyholder on their own initiative.

(Clause 14 was introduced by Federal Law No. 383-FZ of 03.12.2011)

Article 18.1. Obligations of bodies carrying out registration of acts of civil status

(introduced by Federal Law No. 118-FZ dated 07.07.2003)

The bodies carrying out the registration of acts of civil status are obliged at their location to inform the insurer about the facts of state registration of the death of the insured within 10 days after the registration of these facts.

Article 19. Liability of insurance entities

1. The insured is liable for non-fulfillment or improper fulfillment of the obligations imposed on him by this Federal Law of timely registration as an insured with the insurer, timely and full payment of insurance premiums, timely submission to the insurer of the established reporting, as well as for the timely and full payment of insurance payments assigned by the insurer insured.

Violation of the period of registration as an insured with an insurer established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of five thousand rubles.

Violation of the period of registration as an insurant with an insurer for more than 90 calendar days established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of 10 thousand rubles.

(as amended by Federal Law No. 394-FZ of December 29, 2015)

Failure to pay or incomplete payment of insurance premiums as a result of understating the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other illegal actions (inaction) entails the collection of a fine in the amount of 20 percent of the amount of insurance premiums due, and deliberate commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.

Failure by the insurer to submit the prescribed reporting to the territorial body of the insurer at the place of its registration within the time period established by this Federal Law entails the recovery of a fine in the amount of 5 percent of the amount of insurance premiums calculated for payment for the last three months of the reporting (settlement) period for each full or incomplete month from the day established for its submission, but not more than 30 percent of the indicated amount and not less than 1000 rubles.

(as amended by Federal Law No. 394-FZ of December 29, 2015)

Refusal to submit or failure to submit within the prescribed time period by the insured to the territorial body of the insurer the documents (copies of documents) necessary to control the correctness of calculation, timeliness and completeness of payment (transfer) of insurance premiums, entails a fine of 200 rubles for each document not submitted.

(as amended by Federal Law No. 394-FZ of December 29, 2015)

Bringing the insured to responsibility is carried out by the insurer in a manner similar to the procedure established by Articles 40 - 43 and 45 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund".

(as amended by Federal Law No. 394-FZ of December 29, 2015)

The policyholder is responsible for the accuracy of the information provided to the insurer, which is necessary for the assignment of insurance coverage to the insured. In case of unreliability of the information specified by the policyholder, the excessively incurred costs of insurance coverage are not included in the payment of insurance premiums.

Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

(Clause 1 as amended by Federal Law No. 47-FZ dated 22.04.2003)

2. The insurer is responsible for the implementation of compulsory social insurance against industrial accidents and occupational diseases, the correctness and timeliness of insurance coverage for the insured and persons entitled to receive insurance payments in accordance with this Federal Law.

3. The insured and the persons who have been granted the right to receive insurance payments are responsible in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information about the occurrence of circumstances entailing a change in insurance coverage, including a change in the amount of insurance payments or termination of such payments.

In case of concealment or inaccuracy of the information specified by them, necessary to confirm the right to receive insurance coverage, the insured and the persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for unnecessary expenses incurred by him voluntarily or on the basis of a court decision.

Chapter IV. FUNDS FOR THE IMPLEMENTATION OF THE MANDATORY

SOCIAL ACCIDENTAL INSURANCE

IN PRODUCTION AND PROFESSIONAL DISEASES

Article 20. Formation of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases

1. Funds for compulsory social insurance against industrial accidents and occupational diseases are formed from:

1) mandatory insurance premiums of policyholders;

2) levied fines and penalties;

3) capitalized payments received in the event of liquidation of the policyholders;

4) other receipts that do not contradict the legislation of the Russian Federation.

2. Funds for compulsory social insurance against industrial accidents and occupational diseases are reflected in the income and expenditure parts of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law, in separate lines. These funds are federal property and are not subject to seizure.

Article 20.1. The object of taxation with insurance premiums and the basis for calculating insurance premiums

1. The object of taxation with insurance premiums is recognized as payments and other remuneration accrued by the policyholders in favor of the insured in the framework of labor relations and civil law contracts, the subject of which is the performance of work and (or) the provision of services, a copyright contract, if in accordance with the said contracts the customer is obliged to pay insurance premiums to the insurer.

(Clause 1 as amended by Federal Law No. 394-FZ dated December 29, 2015)

2. The base for calculating insurance premiums is determined as the amount of payments and other remuneration provided for by paragraph 1 of this article, accrued by the policyholders in favor of the insured, with the exception of the amounts specified in article 20.2 of this Federal Law.

3. When calculating the basis for calculating insurance premiums, payments and other remuneration in kind in the form of goods (works, services) are taken into account as the cost of these goods (works, services) on the day of their payment, calculated based on their prices specified by the parties to the contract, and under state regulation of prices (tariffs) for these goods (works, services) - based on state regulated retail prices. In this case, the cost of goods (works, services) includes the corresponding amount of value added tax, and for excisable goods, the corresponding amount of excise taxes.

Article 20.2. Amounts not subject to insurance premiums

(introduced by Federal Law No. 348-FZ dated 08.12.2010)

1. Are not subject to insurance premiums:

1) state benefits paid in accordance with the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of the representative bodies of local government, including unemployment benefits, as well as benefits and other types of compulsory insurance coverage for compulsory social insurance;

2) all types of compensation payments established by the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of the representative bodies of local self-government (within the limits established in accordance with the legislation of the Russian Federation) related to:

• with compensation for harm caused by injury or other damage to health;
• with free provision of residential premises, payment for residential premises and utilities, food and food, fuel, or appropriate monetary compensation;
• with the payment of the cost and (or) the issuance of the due in kind allowance, as well as with the payment of money in return for this allowance;
• with payment of the cost of food, sports equipment, equipment, sports and dress uniforms received by athletes and employees of physical culture and sports organizations for the training process and participation in sports competitions, as well as sports judges to participate in sports competitions;
• (as amended by Federal Law No. 16-FZ dated 29.02.2012)
• with the dismissal of employees, except for:
• (as amended by Federal Law No. 188-FZ dated 28.06.2014)
• compensation for unused vacation;
• the amount of payments in the form of severance pay and average monthly earnings for the period of employment in the part exceeding in general three times the average monthly earnings or six times the average monthly earnings for employees dismissed from organizations located in the Far North and equivalent areas;
• (the paragraph was introduced by the Federal Law of June 28, 2014 No. 188-FZ)
• compensation to the head, deputy heads and chief accountant of the organization in the amount exceeding three times the average monthly salary;
• (the paragraph was introduced by the Federal Law of June 28, 2014 No. 188-FZ)
• with reimbursement of expenses for vocational training, retraining and advanced training of employees;
• with the expenses of an individual in connection with the performance of work, the provision of services under contracts of a civil nature;
• with employment of employees dismissed in connection with the implementation of measures to reduce the number or staff, reorganization or liquidation of an organization, in connection with the termination of activities by individuals as individual entrepreneurs, the termination of powers by notaries in private practice and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals, whose professional activities in accordance with federal laws are subject to state registration and (or) licensing;
• with the performance of an individual's work duties, including in connection with moving to work in another locality, with the exception of:
• payments in cash for work with difficult, harmful and (or) dangerous working conditions, except for compensation payments in an amount equivalent to the cost of milk or other equivalent food products;
• payments in foreign currency in exchange for per diems made in accordance with the legislation of the Russian Federation by Russian shipping companies to crew members of foreign navigation vessels, as well as payments in foreign currency to the personnel of the crews of Russian aircraft performing international flights;
• compensation payments for unused vacation not related to dismissal of employees;

3) the amount of one-time financial assistance provided by the policyholders:

• to individuals in connection with a natural disaster or other extraordinary circumstance in order to compensate for material damage caused to them or harm to their health, as well as individuals who have suffered from terrorist acts on the territory of the Russian Federation;
• an employee in connection with the death of a member (members) of his family;
• employees (parents, adoptive parents, guardians) at birth (adoption) of a child, paid during the first year after birth (adoption), but not more than 50,000 rubles for each child;

4) income (except for wages of employees) received by members of the duly registered family (tribal) communities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation from the sale of products obtained as a result of their traditional types of fishing;

5) the amount of insurance payments (contributions) for compulsory insurance of employees, carried out by the insured in the manner prescribed by the legislation of the Russian Federation, the amount of payments (contributions) of the insured under agreements of voluntary personal insurance of employees, concluded for a period of at least one year, providing for payment by insurers of medical expenses of these of the insured, the amount of payments (contributions) of the insured under contracts for the provision of medical services to employees concluded for a period of at least one year with medical organizations that have appropriate licenses to carry out medical activities, issued in accordance with the legislation of the Russian Federation, the amount of payments (contributions) of the insured for contracts of voluntary personal insurance of employees, concluded exclusively in the event of death of the insured and (or) injury to the health of the insured, as well as the amount of pension contributions of the insured under contracts of non-state nsional support;

6) contributions paid in accordance with Federal Law No. 56-FZ dated April 30, 2008 "On additional insurance contributions for funded pensions and state support for the formation of pension savings", in the amount of contributions paid, but not more than 12,000 rubles per year in calculation for each insured person in whose favor the contributions were paid;

7) contributions paid in accordance with the legislation of the Russian Federation on additional social security for certain categories of employees, in the amount of paid contributions;

8) the cost of travel of employees to the place of vacation and back and the cost of carriage of baggage weighing up to 30 kilograms, paid by the insured to persons working and living in the Far North and equivalent areas, in accordance with the legislation of the Russian Federation, labor contracts and (or) collective agreements. In case of vacation by these employees outside the territory of the Russian Federation, the cost of travel or flight (including the cost of baggage weighing up to 30 kilograms), calculated from the place of departure to the checkpoint across the State border of the Russian Federation, including the international airport, is not subject to insurance premiums. in which employees undergo border control at a checkpoint across the State border of the Russian Federation;

(Clause 8 as amended by Federal Law No. 188-FZ dated 28.06.2014)

9) amounts paid to individuals by election commissions, referendum commissions, as well as from the electoral funds of candidates for the office of the President of the Russian Federation, candidates for deputies of the legislative (representative) body of state power of the subject of the Russian Federation, candidates for office in another state body of the subject of the Russian Federation , provided for by the constitution, the charter of a constituent entity of the Russian Federation, directly elected by citizens, candidates for deputies of the representative body of the municipal formation, candidates for the position of the head of the municipal formation, for another position provided for by the charter of the municipal formation and replaced by direct elections, from the electoral funds of electoral associations, electoral funds of regional branches of political parties that are not electoral associations, from the referendum funds of the initiative group for holding a referendum of the Russian Federation, a referendum of a constituent entity of the Russian Federation, a local referendum, an initiative campaigning group for a referendum of the Russian Federation, other groups of participants in a referendum of a constituent entity of the Russian Federation, a local referendum for the performance of work by these persons directly related to the conduct of election campaigns, referendum campaigns;

10) the cost of uniforms and uniforms issued to employees in accordance with the legislation of the Russian Federation, as well as to civil servants of federal government bodies free of charge or with partial payment and remaining in their personal permanent use;

11) the cost of travel benefits provided by the legislation of the Russian Federation to certain categories of employees;

12) the amount of material assistance provided by employers to their employees, not exceeding 4,000 rubles per employee for the billing period;

13) the amount of tuition fees for basic vocational educational programs, additional vocational programs and basic vocational training programs for employees;

(Clause 13 as amended by Federal Law dated 02.07.2013 No. 185-FZ)

14) the amounts paid by employers to their employees to reimburse the costs of paying interest on loans (credits) for the purchase and (or) construction of residential premises.

2. When the insured pays for the costs of business trips of employees both within the territory of the Russian Federation and outside the territory of the Russian Federation, daily allowances, as well as actually made and documented target costs of travel to the destination and back, fees for services are not subject to insurance premiums airports, commission fees, travel expenses to the airport or train station at the places of departure, destination or transfer, luggage transportation, rental costs of living quarters, expenses for communication services, fees for issuing (receiving) and registering an official foreign passport, fees for the issuance (receipt) of visas, as well as the costs of exchanging cash or a check at a bank for cash foreign currency. In case of failure to submit documents confirming the payment of expenses for renting a residential premises, the amounts of such expenses are exempt from insurance premiums within the limits established in accordance with the legislation of the Russian Federation. A similar taxation procedure for insurance premiums applies to payments made to individuals who are in the power (administrative) subordination of an organization, as well as to members of the board of directors or any similar body of a company arriving to attend a meeting of the board of directors, management board or other similar body of this company.

Article 21. Insurance rates

(as amended by Federal Law No. 152-FZ dated 01.12.2004)

Insurance rates differentiated by occupational risk classes are established by federal law.

The draft of such a federal law for the next financial year and planning period is submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.

(as amended by Federal Law No. 192-FZ of 21.07.2007)

Article 22. Insurance premiums

1. Insurance premiums are paid by the policyholder based on the insurance rate, taking into account the discount or surcharge established by the insurer.

The amount of the specified discount or allowance is calculated based on the results of the work of the insured for three years and is set to the insured taking into account the state of labor protection (including the results of a special assessment of working conditions, mandatory preliminary and periodic medical examinations) and the cost of insurance coverage. The amount of the established discount or surcharge cannot exceed 40 percent of the insurance rate set for the policyholder. In the event of an insured event with a fatal outcome, the discount is not established.

(as amended by Federal Laws dated 06.11.2011 No. 300-FZ, dated 28.12.2013 No. 421-FZ)

The indicated discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue part of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law.

1.1. Payment of insurance premiums to the insurer is carried out by the insured on the basis of an order to transfer funds to the appropriate account of the Federal Treasury.

(Clause 1.1 was introduced by Federal Law No. 394-FZ of December 29, 2015)

2. Insurance premiums, with the exception of premiums to insurance rates and fines, are paid regardless of other social insurance contributions and are included in the cost of goods produced (work performed, services rendered) or are included in the estimate of the costs of maintaining the policyholder.

The premiums to insurance rates and penalties provided for by Articles 15 and 19 of this Federal Law are paid by the insured from the amount of profit at his disposal or from the estimate of expenses for the maintenance of the insured, and in the absence of profit, they are charged to the cost of goods manufactured (work performed, services ).

2.1. Insurers who temporarily send their employees under an agreement on the provision of labor (personnel) in cases and on conditions established by the Labor Code of the Russian Federation, the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On employment of the population in the Russian Federation", others federal laws, to work for another legal entity or individual entrepreneur (hereinafter referred to as the host party), pay insurance premiums on the earnings of temporarily assigned workers based on the insurance rate determined in accordance with the main type of economic activity of the host party, as well as from allowances and discounts to the insurance rate, established taking into account the results of a special assessment of working conditions at workplaces where temporarily assigned workers actually work. The receiving party provides the policyholder with information about its main type of economic activity, the results of a special assessment of working conditions at workplaces and other information necessary to determine the insurance rate and establish premiums and discounts to the insurance rate.

(Clause 2.1 introduced by Federal Law No. 116-FZ of 05.05.2014)

3. Rules for classifying types of economic activity as a professional risk class, rules for establishing discounts and premiums to insurance rates for policyholders, including the procedure for providing information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations, rules for calculating, accounting and spending funds for implementation compulsory social insurance against industrial accidents and occupational diseases and the rules for the formation, placement and spending of the reserve of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are approved by the Government of the Russian Federation.

(Clause 3 as amended by Federal Law No. 394-FZ of December 29, 2015)

4. The policyholder pays insurance premiums on a monthly basis no later than the 15th day of the calendar month following the calendar month for which insurance premiums are charged. If the specified payment deadline falls on a day recognized in accordance with the legislation of the Russian Federation as a day off or a non-working holiday, the next working day following it shall be deemed to be the expiration date.

(Clause 4 as amended by Federal Law No. 394-FZ of December 29, 2015)

5. Determination of the settlement and reporting periods for insurance premiums, determination of the date of payments and other benefits, calculation and payment of insurance premiums by policyholders, amendments to the calculation of accrued and paid insurance premiums are carried out in a manner similar to the procedure established by Articles 10, 11, 15 and 17 of the Federal Law “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Mandatory Medical Insurance Fund”, respectively.

(Clause 5 was introduced by Federal Law No. 394-FZ of December 29, 2015)

Article 22.1. Securing the fulfillment of the obligation to pay insurance premiums

(as amended by Federal Law No. 358-FZ dated 21.12.2013)

Ensuring the fulfillment of the obligation to pay insurance premiums, including the collection of arrears on insurance premiums, penalties and fines, is carried out in a manner similar to the procedure established by the provisions of Articles 18, 19-23, 25-27 of the Federal Law “On insurance contributions to the Pension Fund of the Russian Federation, Fund social insurance of the Russian Federation, Federal Compulsory Medical Insurance Fund ”.

(as amended by Federal Law No. 394-FZ of December 29, 2015)

Article 22.2. Obligations of banks (other credit institutions) related to the execution of instructions for the transfer of funds of compulsory social insurance against industrial accidents and occupational diseases, and responsibility for their failure

(as amended by Federal Law No. 394-FZ of December 29, 2015)

1. Banks (other credit organizations) are obliged to fulfill the instruction of the insured to transfer insurance contributions, penalties and fines to the budget of the Social Insurance Fund of the Russian Federation to the corresponding account of the Federal Treasury, as well as the instruction of the insurer to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary monetary funds from the accounts of the insured - an organization or an individual entrepreneur in the order established by the civil legislation of the Russian Federation, in the manner and terms similar to the procedure and terms established by parts 3 - 5 of Article 24 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund Russian Federation, Federal Compulsory Medical Insurance Fund ”.

2. For failure to fulfill or improper fulfillment of the obligations provided for by this article, banks (other credit organizations) shall be liable:

1) violation by the bank (other credit institution) of the established deadline for the execution of the order of the insured to transfer insurance contributions, penalties and fines to the budget of the Social Insurance Fund of the Russian Federation, if there are sufficient funds on the account of the said insured, entails the collection of a fine in the amount of one hundred and fiftyth the refinancing rate of the Central Bank of the Russian Federation , but not more than 0.2 percent of the unlisted amount of insurance premiums, penalties and fines for each calendar day of delay;

2) the unlawful failure by the bank (other credit organization), within the prescribed time limit, to execute the instructions of the insurer to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the insured - organization or individual entrepreneur, if there are sufficient funds on the account of the specified insured, entails a fine one hundred and fiftieth refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent of the unallocated amount of insurance premiums, penalties and fines for each calendar day of delay;

3) the commission by the bank (other credit institution) of actions to create a situation of lack of funds in the insured's account, in respect of which the bank (other credit institution) has an insurer's order to write off and transfer the necessary funds to the budget of the Social Insurance Fund of the Russian Federation, entails the collection a fine of 30 percent of the amount not received as a result of such actions.

3. If it is impossible to fulfill the instructions of the insured to transfer insurance premiums, penalties and fines to the budget of the Social Insurance Fund of the Russian Federation or instructions of the insurer to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the insured - organization or individual entrepreneur within the prescribed period due to the lack (insufficiency) of funds on the correspondent account of the bank (other credit institution) opened with the institution of the Central Bank of the Russian Federation, the bank (other credit institution) is obliged to inform on non-performance (partial performance):

1) the specified order of the insured - to the territorial body of the insurer at the location of the bank (other credit organization) and the insured;

2) the specified order of the insurer - to the territorial body of the insurer that sent this order, and to the territorial body of the insurer at the location of the bank (other credit organization) or its separate divisions.

4. Banks (other credit organizations) are obliged to issue to the territorial body of the insurer certificates on the presence of accounts in banks (other credit organizations) and (or) on the balances of funds on the accounts, statements on transactions on the accounts of organizations, individual entrepreneurs in banks (other credit organizations ) within three days from the date of receipt of a reasoned request from the territorial body of the insurer.

5. Inquiries about the presence of accounts with banks (other credit institutions) and (or) about cash balances on accounts, statements of transactions on the accounts of organizations, individual entrepreneurs in banks (other credit institutions) may be requested by the territorial bodies of the insurer in the following cases:

1) conducting field or desk audits of policyholders;

2) making a decision by the territorial body of the insurer to collect insurance premiums, penalties and fines at the expense of funds in the accounts of organizations, individual entrepreneurs in banks (other credit organizations).

6. The form and procedure for sending a request by the territorial body of the insurer to the bank (other credit organization) shall be established by the insurer in agreement with the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance.

The form and procedure for the submission by banks (other credit institutions) of information at the request of the territorial bodies of the insurer shall be established by the insurer in agreement with the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance and the Central Bank of the Russian Federation. The formats for submitting this information by banks (other credit institutions) in electronic form are established by the Central Bank of the Russian Federation in agreement with the insurer.

7. The application of measures of responsibility does not relieve the bank (other credit organization) from the obligation to transfer to the budget of the insurer the unallocated amount of insurance premiums. If the bank (other credit institution) fails to fulfill the specified obligation within the prescribed period, measures are applied to such bank (other credit institution) to collect unallocated amounts of insurance premiums at the expense of monetary funds and other property of the bank (other credit institution) in a manner similar to the procedure established Articles 19 and 20 of the Federal Law “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Mandatory Medical Insurance Fund” to collect arrears on insurance premiums from the insured.

8. Repeated violation by the bank (other credit institution) of the obligations provided for by this article within one calendar year is the basis for the insurer to apply to the Central Bank of the Russian Federation to consider the application of the appropriate measures against the bank (other credit institution) provided for by the Federal Law dated July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)".

9. The collection from banks (other credit organizations) of fines specified in paragraph 2 of this article shall be carried out by the insurer in a manner similar to the procedure for collection of fines from insured persons - legal entities and individual entrepreneurs, established by Articles 18 - 20 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund ”.

10. Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

11. For operations related to the transfer of insurance premiums by the insured or the voluntary return of the insured or a person entitled to receive insurance payments in the event of the death of the insured, the amount of insurance coverage, excessively transferred to the accounts of these persons, as well as with the execution of the instructions of the insurer to return sums, overpaid (collected) insurance premiums, penalties and fines are not charged.

Article 23. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in the event of reorganization or liquidation of the insured - a legal entity

1. In the event of the reorganization of the insured - a legal entity, its obligations established by this Federal Law, including the obligation to pay insurance premiums, shall be transferred to its legal successor.

2. In the event of liquidation of the insured - a legal entity, he is obliged to make capitalized payments to the insurer in the manner determined by the Government of the Russian Federation.

The liquidation commission may include a representative of the insurer.

Article 24. Accounting and reporting on compulsory social insurance against industrial accidents and occupational diseases

1. The insured in accordance with the established procedure keep records of cases of industrial injuries and occupational diseases of the insured and related insurance coverage, maintain state quarterly statistical and accounting reports.

The insured quarterly submit, in the prescribed manner, to the insurer at the place of their registration, reports in the form established by the insurer in agreement with the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance:

(as amended by Federal Law No. 406-FZ of 01.12.2014)

on paper no later than the 20th day of the month following the reporting period;

in the form of an electronic document no later than the 25th day of the month following the reporting period.

(the paragraph was introduced by Federal Law No. 406-FZ dated December 1, 2014; as amended by Federal Law No. 394-FZ, dated December 29, 2015)

2. The state quarterly statistical reporting of insured persons on occupational injuries, occupational diseases and related material costs shall be submitted in accordance with the procedure established by the Government of the Russian Federation.

3. The policyholder and his officials shall bear the responsibility established by the legislation of the Russian Federation for failure to submit or inaccurate statistical as well as accounting statements.

Article 25. Accounting and reporting of the insurer

(as amended by Federal Law No. 216-FZ of July 21, 2014)

1. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law shall be credited to the accounts opened by the territorial bodies of the Federal Treasury in the subdivisions of the Central Bank of the Russian Federation to record transactions with the funds of the insurer's budget, and are spent for the purposes of this type of social insurance.

2. Operations with funds of the insurer's budget shall be carried out on the accounts specified in paragraph 1 of this article, opened in accordance with the rules of the Central Bank of the Russian Federation. Credit organizations accept insurance premiums from policyholders without charging a commission for these operations.

Article 26. Control over the implementation of compulsory social insurance against industrial accidents and occupational diseases

1. State control over the observance of the rights of insurance subjects and the fulfillment of their duties by them shall be carried out in the manner determined by the legislation of the Russian Federation.

State control over the financial and economic activities of the insurer and the implementation of compulsory social insurance against industrial accidents and occupational diseases is carried out by the Accounts Chamber of the Russian Federation, and in terms of the use of allocations from the federal budget - also by the federal executive body in the field of finance.

3. Public control over the observance of the legal rights and interests of the insured in accordance with this Federal Law shall be exercised by trade unions or other representative bodies authorized by the insured.

Chapter V. FINAL AND TRANSITIONAL PROVISIONS

Article 27. Entry into force of this Federal Law

1. This Federal Law shall enter into force simultaneously with the entry into force of the provisions of the Federal Law establishing the insurance rates required to generate funds for compulsory social insurance against industrial accidents and occupational diseases.

2. From the day of the official publication of this Federal Law, the insurer performs preliminary registration of policyholders, registration of persons who should be granted the right to receive insurance coverage, transfer to the insurer in the form established by it of information about these persons by the policyholders and insurance organizations, as well as organizational work on preparation of the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law.

Article 28. Transitional Provisions

1. Persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health associated with the performance of their work duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, provision for insurance is carried out by the insurer in accordance with this Federal Law, regardless of the timing of injury, occupational disease or other damage to health.

The insurance coverage established for the said persons upon entry into force of this Federal Law cannot be lower than the compensation established earlier in accordance with the legislation of the Russian Federation for damage caused by injury, occupational disease or other health damage associated with the performance of labor duties.

Examination of professional working capacity in institutions of medical and social examination of persons who, prior to the entry into force of this Federal Law, received an injury, occupational disease or other damage to health associated with the performance of these persons' work duties, shall be carried out within the time limits established before the entry into force of this Federal Law. The examination of professional working capacity can be carried out earlier than the specified timeframe at the request of the insured.

2. Registration of policyholders by the insurer shall be carried out within 10 days after the entry into force of this Federal Law.

3. The insurer shall not be liable for the elimination of debts resulting from the failure of employers or insurance organizations to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health injuries, and to pay a penalty for delaying the liquidation of these debts, if such debts arose before the entry by virtue of this Federal Law. Employers and insurance organizations retain the obligation to eliminate these debts and pay a penalty in the amount of 1 percent of the unpaid amount of compensation for the above harm for each day of delay until the day this Federal Law comes into force. Penalty for delay in liquidation of debts that have arisen after the entry into force of this Federal Law shall be paid in the amount of 0.5 percent of the unpaid amount of compensation for the above harm for each day of delay.

4. Payments capitalized in connection with the liquidation of legal entities responsible for payment to victims of compensation for harm caused by injury, occupational disease or other health damage related to the performance of labor duties, made to insurance organizations before the entry into force of this Federal Law, are transferred to the insurer in within one month from the date of entry into force of this Federal Law in the amount of the remainder of these amounts as of the date of its entry into force. In this case, the insurer receives documents confirming the right of the victims (including those entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm.

5. The persons specified in clause 1 of this article shall be provided with insurance coverage in accordance with this Federal Law in full, regardless of whether the capitalization of payments was made in the liquidation of legal entities responsible for payment of compensation to victims for harm caused by injury or occupational disease or any other damage to health associated with the performance of labor duties.

Article 29. Recognition as invalid of certain legislative acts of the Russian Federation

To recognize as invalid from the date of entry into force of this Federal Law:

Resolution of the Supreme Soviet of the Russian Federation of December 24, 1992 No. 4214-1 "On approval of the Rules for compensation by employers of harm caused to employees by injury, occupational disease or other health damage associated with the performance of their labor duties" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, article 71), with the exception of the first and second paragraphs of clause 2;

Rules for compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by the Resolution of the Supreme Council of the Russian Federation of December 24, 1992 No. 4214-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation Federation, 1993, No. 2, Art. 71);

article 1 of the Federal Law "On Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers of Harm Caused to Employees by Injury, Occupational Disease or Other Damage to Health Related to the Performance of Their Labor Duties" (Collected Legislation of the Russian Federation, 1995, No. . 4562).

Article 30. On amendments and additions to some legislative acts of the Russian Federation

1. Abolished. - Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ.

2. Abolished. - Federal Law of 17.07.1999 No. 181-FZ.

3. Abolished. - Federal Law of August 22, 2004 No. 122-FZ.

4. Introduce the following addition to the Criminal Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 2, Art. 198):

the fourth part of Article 44 shall be supplemented with the words “and monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases”.

Article 31. Bringing normative legal acts in accordance with this Federal Law

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law.

Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

"On compulsory social insurance against industrial accidents and occupational diseases"

(as amended on July 17, 1999, January 2, 2000, October 25, December 30, 2001, February 11, November 26, 2002, February 8, April 22, July 7, October 23, December 8, 23 2003, 22 August, 1, 29 December 2004)

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations of compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment agreement (contract) and in other established by this Federal law cases.

Chapter I. General Provisions

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:

ensuring social protection of the insured and the economic interest of insurance subjects in reducing professional risk;

compensation for harm caused to the life and health of the insured during the performance of his obligations under an employment agreement (contract) and in other cases established by this Federal Law, by providing the insured in full with all the necessary types of insurance coverage, including payment of medical, social and professional rehabilitation;

provision of preventive measures to reduce industrial injuries and occupational diseases.

2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, in the part exceeding the insurance coverage carried out in accordance with this Federal Law.

3. State authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations and citizens hiring employees, have the right, in addition to compulsory social insurance provided for by this Federal Law, to carry out, at their own expense, other types of employee insurance provided for by the legislation of the Russian Federation.

Article 2. Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases

The legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it.

If an international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, then the rules of the international treaty of the Russian Federation shall apply.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

the object of compulsory social insurance against industrial accidents and occupational diseases is the property interests of individuals associated with the loss of health by these individuals, occupational disability or their death as a result of an industrial accident or occupational disease;

subjects of insurance - the insured, the policyholder, the insurer;

insured:

an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of Clause 1 of Article 5 of this Federal Law;

an individual who has suffered damage to health as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure and entailed a loss of professional ability to work;

insured - a legal entity of any organizational and legal form (including a foreign organization operating on the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with clause 1 of Article 5 of this Federal Law;

insurer - Social Insurance Fund of the Russian Federation;

insured event - the fact of damage to the health of the insured as a result of an industrial accident or occupational disease, confirmed in accordance with the established procedure, which entails the occurrence of the obligation of the insurer to provide insurance coverage;

industrial accident - an event as a result of which the insured received an injury or other damage to health while fulfilling his obligations under an employment agreement (contract) and in other cases established by this Federal Law, both on the territory of the insured and abroad, or while traveling to to the place of work or return from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;

occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and entailed a temporary or permanent loss of his professional ability to work;

insurance premium - a mandatory payment for compulsory social insurance against industrial accidents and occupational diseases, calculated on the basis of the insurance rate, discounts (surcharges) to the insurance rate, which the policyholder is obliged to pay to the insurer;

insurance rate - the rate of the insurance premium from the accrued wages on all grounds (income) of the insured;

insurance coverage - insurance compensation for harm caused as a result of an insured event to the life and health of the insured in the form of monetary amounts paid or compensated by the insurer to the insured or to persons entitled to this in accordance with this Federal Law;

occupational risk - the likelihood of damage (loss) of health or death of the insured, associated with the performance of his obligations under the employment agreement (contract) and in other cases established by this Federal Law;

occupational risk class - the level of occupational injuries, occupational morbidity and expenses for insurance coverage, prevailing by the types of economic activities of the insured;

professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;

the degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities before the occurrence of the insured event.

Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases

The main principles of compulsory social insurance against industrial accidents and occupational diseases are:

guaranteed right of the insured to insurance coverage;

the economic interest of the subjects of insurance in improving conditions and increasing labor safety, reducing occupational injuries and occupational morbidity;

compulsory registration as policyholders of all persons who employ (attract to work) workers subject to compulsory social insurance against industrial accidents and occupational diseases;

obligatory payment of insurance premiums by the insured;

differentiation of insurance rates depending on the class of professional risk.

Article 5. Persons subject to compulsory social insurance against industrial accidents and occupational diseases

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

individuals performing work on the basis of an employment contract (contract) concluded with the policyholder;

individuals sentenced to imprisonment and involved in labor by the insured.

Individuals performing work on the basis of a civil law contract are subject to compulsory social insurance against industrial accidents and occupational diseases, if in accordance with the said contract the policyholder is obliged to pay insurance premiums to the insurer.

2. This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation.

Article 6. Registration of policyholders

The registration of policyholders is carried out in the executive bodies of the insurer:

insured - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body carrying out state registration of legal entities, information contained in the unified state register of legal entities and submitted in the manner prescribed by the Government of the Russian Federation;

policyholders - legal entities at the location of their separate divisions, having a separate balance sheet, current account and calculating payments and other remuneration in favor of individuals, on the basis of an application for registration as an insured, submitted no later than 30 days from the date of creation of such a separate division ;

policyholders - individuals who have entered into an employment contract with an employee, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the employed employees;

policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of the specified contract.

The procedure for registration of policyholders specified in paragraphs three, four and five of part one of this article is established by the insurer.

Article 7. Right to insurance coverage

1. The right of the insured to receive insurance coverage arises from the date of the insured event.

2. The right to receive insurance payments in the event of the death of the insured as a result of the occurrence of an insured event has:

disabled persons who were dependent on the deceased or who, by the day of his death, had the right to receive maintenance from him;

child of the deceased, born after his death;

one of the parents, spouse (spouse) or another family member, regardless of his ability to work, who does not work and is busy caring for the deceased's dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or, although they have reached the specified age, but at the conclusion of the institution of the state service of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or medical and preventive institutions of the state health care system recognized as needing outside care for health reasons;

persons who were dependent on the deceased, who became disabled within five years from the date of his death.

In the event of the death of the insured, one of the parents, spouse or other family member who does not work and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the period of care, retains the right to receive insurance benefits after the end of caring for these persons ... The dependence of minor children is assumed and does not require proof.

3. Insurance benefits in the event of the death of the insured are paid:

minors - until they reach the age of 18;

students over 18 years of age - until the end of their studies in educational institutions for full-time education, but not more than 23 years old;

women who have reached the age of 55 and men who have reached the age of 60 - for life;

disabled people - for the period of disability;

to one of the parents, spouse (spouse) or other family member who is not working and is engaged in caring for the children, grandchildren, brothers and sisters, who were dependent on the deceased, until they reach the age of 14 or a change in health.

4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the insured's earnings was their permanent and main source of livelihood.

5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or the legislation of the Russian Federation on compensation for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their work duties, are entitled to insurance coverage from the date of entry into force of this Federal Law.

Chapter II. Insurance coverage

Article 8. Types of insurance coverage

1. Provision for insurance is carried out:

1) in the form of a temporary disability allowance assigned in connection with an insured event and paid out of funds for compulsory social insurance against industrial accidents and occupational diseases;

2) in the form of insurance payments:

a one-time insurance payment to the insured or to persons entitled to receive such payment in the event of his death;

monthly insurance payments to the insured or to persons entitled to receive such payments in the event of his death;

3) in the form of payment of additional costs associated with medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:

treatment of the insured, carried out in the territory of the Russian Federation immediately after a serious accident at work, until the restoration of working capacity or the establishment of a permanent loss of professional working capacity;

purchase of medicines, medical products and personal care;

outside (special medical and household) care for the insured, including that carried out by members of his family;

the travel of the insured, and, if necessary, for the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a serious industrial accident, medical rehabilitation in organizations providing spa services, obtaining a special vehicle, order, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation) and when sent by the insurer to the institution of medical and social expertise and to the institution that examines the connection between the disease and the profession;

medical rehabilitation in organizations providing sanatorium and resort services, including on a voucher, including payment for treatment, accommodation and meals for the insured, and, if necessary, payment for travel, accommodation and meals for the person accompanying him, payment for the insured's vacation (in excess of the annual paid leave established the legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;

production and repair of prostheses, prosthetic and orthopedic products and orthoses;

provision of technical means of rehabilitation and their repair;

provision of vehicles in the presence of appropriate medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;

vocational training (retraining).

2. Payment of additional costs provided for in subparagraph 3 of paragraph 1 of this article, with the exception of payment of costs for the treatment of the insured immediately after the serious accident at work, shall be made by the insurer, if the institution of medical and social expertise has established that the insured needs in accordance with the rehabilitation program of the victim as a result of an accident at work and occupational disease in the specified types of assistance, provision or care. The conditions, amounts and procedure for payment of such expenses are determined by the Government of the Russian Federation.

If the insured person simultaneously has the right to receive free or preferential treatment of the same types of assistance, provision or care in accordance with this Federal Law and other federal laws, regulatory legal acts of the Russian Federation, he is given the right to choose the appropriate type of assistance, provision or care one by one. base.

3. Reimbursement to the insured for lost earnings in terms of remuneration under a civil law contract, in accordance with which the employer is not obliged to pay insurance premiums to the insurer, as well as in terms of payment of royalties for which no insurance premiums have been charged, shall be made by the inflictor of harm.

Compensation of the insured for moral damage caused in connection with an industrial accident or occupational disease is carried out by the inflictor of harm.

Article 9. Amount of benefit for temporary incapacity for work in connection with an industrial accident or occupational disease

Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of permanent loss of professional disability in the amount of 100 percent of his average earnings, calculated in accordance with the legislation of the Russian Federation on benefits for temporary disability ...

Article 10. Lump-sum insurance payments and monthly insurance payments

1. Lump-sum insurance payments and monthly insurance payments are assigned and paid:

to the insured - if, according to the conclusion of the institution of medical and social examination, the result of the occurrence of the insured event was the loss of his professional ability to work;

to persons entitled to receive them - if the result of the occurrence of the insured event was the death of the insured.

2. Lump-sum insurance payments are paid to the insured no later than one calendar month from the date of appointment of the specified payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date the policyholder submits to the insurer all the documents necessary for the appointment of such payments.

3. Monthly insurance payments are paid to the insured during the entire period of permanent loss of his professional ability to work, and in the event of the death of the insured - to persons entitled to receive them, during the periods established by paragraph 3 of Article 7 of this Federal Law.

4. When calculating insurance payments, all pensions, benefits and other similar payments assigned to the insured both before and after the occurrence of the insured event do not entail a decrease in their size. The earnings received by the insured after the occurrence of the insured event are also not included in the insurance payments.

Article 11. Amount of one-time insurance payment

1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured's professional working capacity, based on the sixty times the minimum wage established by federal law on the day of such payment.

In the event of the death of the insured, the lump-sum insurance payment is set in an amount equal to sixty times the minimum wage established by federal law on the day of such payment.

2. In localities where regional coefficients are established, percentage allowances to wages, the size of a lump sum insurance payment is determined taking into account these coefficients and allowances.

3. The degree of loss of professional working capacity by the insured shall be established by the institution of medical and social expertise.

The procedure for establishing the degree of loss of professional working capacity as a result of industrial accidents and occupational diseases is determined by the Government of the Russian Federation.

Article 12. Amount of monthly insurance payment

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

2. When calculating the amount of wages lost by the insured as a result of the occurrence of an insured event, all types of remuneration for his work, both at the place of his main job and in combination, are taken into account, for which insurance contributions are charged for compulsory social insurance against industrial accidents and occupational diseases. The amounts of remuneration under civil law contracts and the amount of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary disability or maternity leave, the benefits paid on the indicated grounds are taken into account.

All types of earnings are accounted for in the amounts accrued before taxes, fees and other mandatory payments.

In the areas where regional coefficients are established, percentage allowances to wages, the amount of monthly insurance payment is determined taking into account these coefficients and allowances.

When calculating the average monthly earnings of the insured sent by the insured to work outside the territory of the Russian Federation, the wages at the main place of work and wages accrued in foreign currency are taken into account (if insurance, contributions to compulsory social insurance against industrial accidents and professional diseases), which is converted into rubles at the rate of the Central Bank of the Russian Federation established on the day of the appointment of the monthly insurance payment.

3. The average monthly earnings of the insured is calculated by dividing the total amount of his earnings (taking into account bonuses accrued in the billing period) for 12 months of work that caused damage to health, preceding the month in which he had an accident at work, a diagnosis of an occupational disease was established or (according to the choice of the insured), the loss (decrease) of his professional working capacity was established, at 12.

If the work that caused damage to health lasted less than 12 months, the average monthly earnings of the insured is calculated by dividing the total amount of his earnings for the number of months actually worked by him preceding the month in which he had an accident at work, a diagnosis of an occupational disease was established or (at the option of the insured) the loss (decrease) of his professional working capacity was established, for the number of these months. In cases where the period of work that caused damage to health was less than one full calendar month, the monthly insurance payment is calculated based on the conditional monthly earnings, determined as follows: the amount of earnings for the hours worked is divided by the number of days worked and the amount received is multiplied by the number of working days in month, calculated on average for the year. When calculating the average monthly earnings, the months not fully worked by the insured are replaced by the previous fully worked months or are excluded if it is impossible to replace them.

At the request of the insured, upon the occurrence of an insured event due to the receipt of an occupational disease, the average monthly earnings can be calculated for the last 12 months of work preceding the termination of work that caused such an illness.

4. Monthly insurance payments to an insured who has not reached the age of 18 at the time of the appointment of insurance coverage, are calculated from his average earnings, but not less than the minimum subsistence level of the working-age population as a whole in the Russian Federation established in accordance with the law.

5. If the insured event occurs after the expiration of the employment contract (contract), at the request of the insured, his earnings are taken into account until the expiration of the specified contract (contract) or the usual amount of remuneration of an employee of his qualifications in a given locality, but not less than established in accordance with the law the size of the subsistence minimum of the working-age population as a whole in the Russian Federation.

6. If in the earnings of the insured before the occurrence of the insured event there have been stable changes that improve his property status (the salary for the position held has been increased, he has been transferred to a higher-paid job, he started working after graduating from an educational institution in full-time education and in other cases when the stability of the change or the possibility of changing the remuneration of the insured has been proven), when calculating his average monthly earnings, only the earnings that he received or should have received after the corresponding change are taken into account.

7. If it is impossible to obtain a document on the amount of the insured's earnings, the amount of the monthly insurance payment is calculated based on the tariff rate (official salary) established (established) in the industry (sub-industry) for this profession, and similar working conditions at the time of applying for insurance payments.

After submitting a document on the amount of earnings, the amount of the monthly insurance payment is recalculated from the month following the month in which the relevant documents were submitted.

Data on the size of tariff rates (official salaries) of employees are provided by the labor bodies of the constituent entities of the Russian Federation.

8. To persons who have the right to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated on the basis of his average monthly earnings minus the shares attributable to him and the able-bodied persons who were dependent on him, but who are not entitled to receive insurance. payments. To determine the amount of monthly insurance payments to each person who has the right to receive them, the total amount of these payments is divided by the number of persons entitled to receive insurance payments in the event of the death of the insured.

9. The calculated and assigned monthly insurance payment is not subject to further recalculation, except for cases of a change in the degree of loss of professional ability to work, a change in the circle of persons entitled to receive insurance payments in the event of the death of the insured, as well as cases of indexation of the monthly insurance payment.

10. In connection with the increase in the cost of living, the amount of earnings, from which the monthly insurance payment is calculated, increase in the manner prescribed by the legislation of the Russian Federation.

11. The size of the monthly insurance payment is indexed taking into account the level of inflation within the limits of funds provided for this purpose in the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year.

The indexation coefficient and its frequency are determined by the Government of the Russian Federation.

12. The maximum amount of monthly insurance payment is established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year.

When assigning insurance benefits to the insured for several insured events, the limitation of the maximum amount is applied to the total amount of the insurance benefit.

When appointing insurance payments to persons entitled to receive them in connection with the death of the insured, the limitation to the maximum amount is applied to the total amount of insurance payments assigned in connection with the death of the insured.

Article 13. Examination, re-examination of the insured by the institution of medical and social examination

1. The examination of the insured by the institution of medical and social expertise is carried out at the request of the insurer, the policyholder or the insured, or by the decision of the judge (court) when submitting an act on an industrial accident or an act on an occupational disease.

2. The re-examination of the insured by the institution of medical and social expertise is carried out within the time limits established by this institution. Re-examination of the insured can be carried out ahead of schedule at the request of the insured or at the request of the insurer or policyholder. In case of disagreement of the insured, the insurer, the insured with the conclusion of the institution of medical and social examination, the said conclusion may be appealed by the insured, the insurer, the insured in court.

Evasion of the insured, without a valid reason, from re-examination within the terms established by the institution of medical and social examination entails the loss of the right to insurance coverage until he passes the specified re-examination.

Article 14. Taking into account the guilt of the insured when determining the amount of monthly insurance payments

1. If, during the investigation of the insured event by the commission for the investigation of the insured event, it has been established that gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, the amount of monthly insurance payments shall be reduced according to the degree of guilt of the insured, but not more than 25 percent. The degree of guilt of the insured is established by the commission for the investigation of the insured event as a percentage and is indicated in the statement of an industrial accident or in the statement of an occupational disease.

When determining the degree of guilt of the insured, the conclusion of the trade union committee or other representative body authorized by the insured is considered.

The amount of monthly insurance payments provided for by this Federal Law cannot be reduced in the event of the death of the insured.

Upon the occurrence of insured events, confirmed in accordance with the established procedure, refusal to compensate for harm is not allowed.

2. Harm caused by the intent of the insured, confirmed by the conclusion of law enforcement agencies, is not subject to compensation.

Article 15. Assignment and payment of insurance security

1. Assignment and payment of temporary disability benefits to the insured in connection with an industrial accident or occupational disease shall be made in accordance with the procedure established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary incapacity for work under state social insurance.

2. The day of applying for insurance coverage is the day when the insurer, his authorized representative or a person entitled to receive insurance payments, submits an application for insurance coverage to the insurer. When the said application is sent by mail, the date of its dispatch is considered the day of applying for insurance security.

The insured, his authorized representative or the person entitled to receive insurance payments, has the right to apply to the insurer with an application for insurance coverage, regardless of the period of limitation of the insured event.

3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of professional ability to work from the day from which the institution of medical and social examination established the fact of loss of professional ability to work by the insured, excluding the period for which the insured was granted temporary disability benefit specified in paragraph 1 of this article.

Persons entitled to receive insurance payments in connection with the death of the insured, a one-time insurance payment and monthly insurance payments are assigned from the day of his death, but not earlier than acquiring the right to receive insurance payments.

Upon the occurrence of circumstances entailing a recalculation of the amount of insurance payment in accordance with Clause 9 of Article 12 of this Federal Law, such recalculation is made from the month following the month in which the indicated circumstances occurred.

Claims for the appointment and payment of insurance coverage, which have been filed after three years from the moment the right to receive these payments arises, shall be satisfied for the past time not more than three years preceding the application for insurance coverage.

4. Assignment of insurance coverage is carried out by the insurer on the basis of an application by the insured, his authorized representative or a person entitled to receive insurance payments, to receive insurance coverage, and the following documents (their certified copies) submitted by the policyholder (insured):

a statement of an industrial accident or an occupational disease;

certificates of the insured's average monthly earnings for the period chosen by him for calculating monthly insurance payments in accordance with this Federal Law;

the conclusion of the institution of medical and social expertise on the degree of loss of professional working capacity of the insured;

conclusions of the institution of medical and social expertise on the necessary types of social, medical and professional rehabilitation of the insured;

a civil contract providing for the payment of insurance premiums in favor of the insured, as well as a copy of the work record book or other document confirming the victim's employment relationship with the policyholder;

death certificate of the insured;

certificates of the housing maintenance authority, and in its absence, a local government body on the composition of the family of the deceased insured;

notification of a medical institution about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);

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

a document confirming that one of the parents, spouse (spouse) or other family member of the deceased, who is taking care of the children, grandchildren, brothers and sisters of the insured, who have not reached the age of 14 or have reached the specified age, but at the conclusion of the institution of medical and social expertise or a medical and prophylactic institution recognized as needy for health reasons in outside care, does not work;

certificates of an educational institution that a family member of the deceased insured who is entitled to receive insurance payments is studying at this educational institution on a full-time basis;

documents confirming the expenses for the implementation, upon the conclusion of the institution of medical and social expertise, of the social, medical and professional rehabilitation of the insured, provided for by subparagraph 3 of paragraph 1 of Article 8 of this Federal Law;

the conclusion of the institution of medical and social expertise on the connection between the death of the victim and an industrial accident or occupational disease;

a document confirming the fact of being dependent or establishing the right to receive maintenance;

victim rehabilitation programs.

The list of documents (their certified copies) required for the appointment of insurance coverage is determined by the insurer for each insured event.

The decision on the appointment or refusal of the appointment of insurance payments is made by the insurer no later than 10 days (in the event of the death of the insured - no later than 2 days) from the date of receipt of the application for insurance coverage and all the necessary documents (their certified copies) according to the list determined by him.

The delay by the insurer of making a decision on the appointment or refusal of the appointment of insurance payments within the prescribed period is considered as a refusal to appoint insurance payments.

The application for obtaining insurance coverage and documents (their certified copies), on the basis of which the insurance coverage was assigned, are kept by the insurer.

5. Facts that have legal significance for the appointment of insurance coverage in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance coverage, as well as in case of disagreement of the interested person with the content of such documents, shall be established by the court.

6. In the event of the death of the insured, the lump sum insurance payment shall be made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in clause 2 of Article 7 of this Federal Law who, on the day of the death of the insured, had the right to receive a lump sum insurance payment.

7. Payment of insurance coverage to the insured, except for the payment of temporary disability benefits assigned in connection with the insured event, and payment of leave (in excess of the annual paid leave) for the entire period of treatment and travel to the place of treatment and back, which are made by the policyholder and are counted in the account of payment of insurance premiums is made by the insurer.

Lump-sum insurance payments are made within the time frame established by Clause 2 of Article 10 of this Federal Law.

Monthly insurance payments are made by the insurer no later than the expiration of the month for which they were charged.

8. In the event of a delay in insurance payments within the established time frame, the insurance subject, which must make such payments, is obliged to pay the insured and persons entitled to receive insurance payments a penalty in the amount of 0.5 percent of the unpaid amount of insurance payments for each day of delay.

Penalty interest resulting from the delay by the policyholder of insurance payments shall not be counted towards the payment of insurance premiums to the insurer.

9. If the insurant delays in the payments of temporary disability benefits, assigned in connection with the insured event, for more than one calendar month, the said payments are made by the insurer at the request of the insured.

Chapter III. Rights and obligations of insurance subjects

Article 16. Rights and obligations of the insured

1. The Insured has the right to:

1) provision for insurance in the manner and under the conditions established by this Federal Law;

2) participation in the investigation of an insured event, including with the participation of a trade union body or his authorized representative;

3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and the court;

4) protection of their rights and legal interests, including in court;

5) free training in safe methods and techniques of work without interruption from production, as well as with a separation from production in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;

6) self-appeal to medical and preventive institutions of the state health care system and institutions of medical and social expertise on medical examination and re-examination;

7) appeal to trade union or other representative bodies authorized by the insured on matters of compulsory social insurance against industrial accidents and occupational diseases;

8) obtaining from the policyholder and the insurer free information about their rights and obligations under compulsory social insurance against industrial accidents and occupational diseases.

2. The Insured is obliged:

1) comply with the labor protection rules and labor protection instructions;

2) notify the insurer about a change in his place of residence or place of work, as well as about the occurrence of circumstances entailing a change in the amount of insurance security received by him or the loss of the right to receive insurance security, within ten days from the date of such circumstances;

3) comply with the recommendations for medical, social and professional rehabilitation within the time limits established by the program for the rehabilitation of the victim as a result of an industrial accident and occupational disease, undergo medical examinations and re-examination within the terms established by the institutions of medical and social expertise, as well as on the direction of the insurer.

Article 17. Rights and obligations of the policyholder

1. The policyholder has the right:

1) participate in the establishment of premiums and discounts to the insurance rate;

2) require the participation of the executive body for labor in checking the correctness of the establishment of allowances and discounts to the insurance tariff;

3) to protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The policyholder is obliged:

1) timely submit to the executive bodies of the insurer the documents required for registration as an insurant in the cases provided for by paragraphs three, four and five of part one of Article 6 of this Federal Law;

2) accrue and transfer insurance premiums to the insurer in accordance with the established procedure and within the time frame specified by the insurer;

3) execute the decisions of the insurer on insurance payments;

4) ensure measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;

5) investigate insured events in the manner established by the Government of the Russian Federation;

6) notify the insurer about it within 24 hours from the date of the insured event;

7) collect and submit, at its own expense, to the insurer, within the time frame established by the insurer, documents (their certified copies) that are the basis for calculating and paying insurance premiums, assigning insurance coverage, and other information necessary for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

8) send the insured to the institution of medical and social examination for examination (re-examination) within the time limits established by the institution of medical and social examination;

9) submit to the institutions of medical and social examination the conclusions of the body of state examination of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;

10) provide an insured person in need of treatment for reasons related to the occurrence of an insured event with a paid vacation for sanatorium treatment (in excess of the annual paid vacation established by the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back;

11) train the insured in safe methods and techniques of work on the job at the expense of the insured;

12) send certain categories of insured persons to occupational safety training in accordance with the procedure determined by the Government of the Russian Federation;

13) promptly notify the insurer about its reorganization or liquidation;

14) execute decisions of the state labor inspectorate on the prevention of the occurrence of insured events and their investigation;

15) provide the insured with certified copies of documents that are the basis for insurance coverage;

16) explain to the insured their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of the documents he has, which are the basis for insurance provision, and submit to the insurer reports in the form established by the insurer;

18) inform the insurer of all known circumstances that are important in determining by the insurer, in accordance with the established procedure, premiums and discounts to the insurance rate.

Article 18. Rights and obligations of the insurer

1. The insurer has the right:

1) establish for policyholders in the manner determined by the Government of the Russian Federation, premiums and discounts to the insurance rate;

2) participate in the investigation of insured events, examination, re-examination of the insured in the institution of medical and social examination and determination of his need for social, medical and professional rehabilitation;

3) send the insured person to the institution of medical and social expertise for examination (re-examination);

4) check information about insured events in organizations of any organizational and legal form;

5) interact with the state labor inspectorate, executive bodies for labor, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on the issues of compulsory social insurance against industrial accidents and occupational diseases;

7) to protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The insurer is obliged:

1) register the policyholders in a timely manner;

2) collect insurance premiums;

3) timely carry out insurance provision in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance provision;

4) provide insurance coverage for persons entitled to receive it and who have left for permanent residence outside the Russian Federation, in the manner determined by the Government of the Russian Federation;

5) transfer funds to the federal executive body for labor to carry out training activities provided for by subparagraph 12 of paragraph 2 of Article 17 of this Federal Law and participate in monitoring the correct use of these funds;

6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

7) execute decisions of the state labor inspectorate on compulsory social insurance against industrial accidents and occupational diseases;

8) control the activities of the insured in fulfilling his obligations under Articles 17 and 19 of this Federal Law;

9) explain to the insured and policyholders their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

10) accumulate capitalized payments in case of liquidation of the policyholder;

11) take the necessary measures to ensure the financial stability of the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves for the implementation of this type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the relevant financial year;

12) ensure the confidentiality of the information obtained as a result of its activities about the policyholder, the insured and persons entitled to receive insurance payments.

Article 18.1. Obligations of bodies carrying out registration of acts of civil status

The bodies carrying out the registration of acts of civil status are obliged at their location to inform the insurer about the facts of state registration of the death of the insured within 10 days after the registration of these facts.

Article 19. Liability of insurance entities

1. The insured is liable for non-fulfillment or improper fulfillment of the obligations imposed on him by this Federal Law of timely registration as an insured with the insurer, timely and full payment of insurance premiums, timely submission to the insurer of the established reporting, as well as for the timely and full payment of insurance payments assigned by the insurer insured.

Violation of the period of registration as an insured with an insurer established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of five thousand rubles.

Violation of the period of registration as an insured with an insurer for more than 90 days established by Article 6 of this Federal Law shall result in the recovery of a fine in the amount of 10 thousand rubles.

Carrying out by an individual who has entered into an employment contract with an employee, activities without registering as an insured with the insurer entails the recovery of a fine in the amount of 10 percent of the taxable base for calculating insurance premiums, determined for the entire period of activity without registration with the insurer, but not less than 20 thousand rubles ...

Failure to pay or incomplete payment of insurance premiums as a result of understating the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other illegal actions (inaction) entails the collection of a fine in the amount of 20 percent of the amount of insurance premiums due, and deliberate commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.

Violation of the established deadline for submission to the insurer of the established reporting or its failure to submit it entails the recovery of a fine in the amount of one thousand rubles, and the repeated commission of these acts within a calendar year - in the amount of five thousand rubles.

Bringing the insured to responsibility is carried out by the insurer in a manner similar to the procedure established by the Tax Code of the Russian Federation for bringing to responsibility for tax violations.

The amounts of the expenses incurred by the insured in violation of the requirements of legislative or other regulatory legal acts or not confirmed by documents in the prescribed manner for the payment of benefits for temporary disability in connection with an industrial accident and occupational disease, as well as for the payment of the insured's leave (in excess of the annual paid leave established legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back are not included in the payment of insurance premiums.

The policyholder is responsible for the accuracy of the information provided to the insurer, which is necessary for the assignment of insurance coverage to the insured. In case of unreliability of the information specified by the policyholder, the excessively incurred costs of insurance coverage are not included in the payment of insurance premiums.

Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

2. The insurer is responsible for the implementation of compulsory social insurance against industrial accidents and occupational diseases, the correctness and timeliness of insurance coverage for the insured and persons entitled to receive insurance payments in accordance with this Federal Law.

3. The insured and the persons who have been granted the right to receive insurance payments are responsible in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information about the occurrence of circumstances entailing a change in insurance coverage, including a change in the amount of insurance payments or termination of such payments.

In case of concealment or inaccuracy of the information specified by them, necessary to confirm the right to receive insurance coverage, the insured and the persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for unnecessary expenses incurred by him voluntarily or on the basis of a court decision.

Chapter IV. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases

Article 20. Formation of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases

1. Funds for compulsory social insurance against industrial accidents and occupational diseases are formed from:

1) mandatory insurance premiums of policyholders;

2) levied fines and penalties;

3) capitalized payments received in the event of liquidation of the policyholders;

4) other receipts that do not contradict the legislation of the Russian Federation.

2. Funds for compulsory social insurance against industrial accidents and occupational diseases are reflected in the income and expenditure parts of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law, in separate lines. These funds are federal property and are not subject to seizure.

Article 21. Insurance rates

Insurance rates differentiated by occupational risk classes are established by federal law.

The draft of such a federal law is annually submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.

Article 22. Insurance premiums

1. Insurance premiums are paid by the policyholder based on the insurance rate, taking into account the discount or surcharge established by the insurer.

The amount of the specified discount or premium is set for the policyholder, taking into account the state of labor protection, costs of insurance coverage and cannot exceed 40 percent of the insurance rate established for the corresponding class of professional risk.

The indicated discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue part of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law.

2. Insurance premiums, with the exception of premiums to insurance rates and fines, are paid regardless of other social insurance contributions and are included in the cost of goods produced (work performed, services rendered) or are included in the estimate of the costs of maintaining the policyholder.

The premiums to insurance rates and penalties provided for by Articles 15 and 19 of this Federal Law are paid by the insured from the amount of profit at his disposal or from the estimate of expenses for the maintenance of the insured, and in the absence of profit, they are charged to the cost of goods manufactured (work performed, services ).

3. The rules for classifying types of economic activity as a professional risk class, rules for establishing discounts and premiums to insurance rates for policyholders, rules for calculating, recording and spending funds for compulsory social insurance against industrial accidents and occupational diseases are approved in the manner determined by the Government of the Russian Federation ...

4. The amounts of insurance premiums are transferred by the insured who has entered into an employment contract with the employee, monthly within the period established for the receipt (transfer) of funds in banks (other credit institutions) for the payment of wages for the past month, and by the insured, obliged to pay insurance premiums on the basis of civil - legal contracts, - within the period specified by the insurer.

Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums. Collection of arrears and penalties

1. In the event that the policyholder pays insurance premiums later than the established time, he shall pay penalties in the manner and amount established by this Article.

Penalty interest is calculated for each calendar day of delay in payment of insurance premiums.

Penalties shall be charged in excess of the amounts of insurance premiums and other payments due to the insurer and regardless of the collection from the insured of the fines provided for by Clause 1 of Article 19 of this Federal Law.

2. Penalties are calculated from the day following the established day of payment of insurance premiums and until the day of their payment (collection) inclusive.

The day of payment of insurance premiums is the day the policyholder submits to the bank (other credit organization) a payment order for the transfer of insurance premiums if there is a sufficient cash balance on the account of the policyholder, and when paying in cash - the day of depositing to the bank (other credit organization) or cash office of the local authority self-government or the organization of the federal postal service of the sum of money towards the payment of insurance premiums.

Insurance premiums are not considered paid if the policyholder withdraws or the bank (other credit institution) returns a payment order for the transfer of insurance premiums, as well as if at the time the policyholder submits a payment order for the transfer of insurance premiums, the policyholder has other unfulfilled requirements for the account, which, in accordance with the legislation of the Russian Federation, are executed as a matter of priority, but does not have sufficient funds on the account to meet all requirements.

3. Penalty interest is not charged if the policyholder confirms that he could not pay off the arrears due to the suspension of operations on his bank accounts or the seizure of his property.

4. Penalty interest is determined as a percentage of arrears.

Arrears are recognized as the amount of insurance premiums not paid in due time.

The interest rate of penalties is set in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect at the time of the arrears.

When the specified refinancing rate is changed, the amount of penalties based on the new refinancing rate is determined from the day following the day of its change.

5. Penalty interest shall be paid by the policyholder simultaneously with the payment of insurance premiums, and in case of insufficient funds from the policyholder after payment of insurance premiums in full.

6. Arrears and penalties may be collected by the insurer from the policyholder forcibly at the expense of the funds and other property of the policyholder.

The collection of arrears and penalties from the insured - an individual is carried out in court.

The collection of arrears and penalties from the policyholder - a legal entity is carried out by the insurer on the basis of its decision to collect arrears and penalties in an indisputable manner at the expense of funds held on the accounts of the policyholder in the bank (other credit institutions) by sending a collection order (order) to transfer the arrears and penalties to the bank (other credit organizations), where the accounts of the said policyholder are opened.

The collection order (order) of the insurer on the transfer of arrears and penalties to the bank (other credit organizations) must contain an indication of the accounts of the insured from which the insurance contribution for compulsory social insurance against industrial accidents and occupational diseases must be transferred, and the amount, to be listed.

The collection of arrears and penalties can be made from the ruble settlement (current) and (or) foreign currency accounts of the insured, with the exception of loan, budget and deposit (if the term of the deposit agreement has not expired) accounts.

In case of insufficiency or absence of funds on the accounts of the insured - a legal entity, or the absence of information about the accounts of the insured, the insurer has the right to collect arrears and penalties at the expense of other property of the insured - a legal entity by sending a corresponding resolution to the bailiff.

Article 22.2. Obligations of banks (other credit institutions) related to accounting for policyholders, execution of instructions for transferring funds of compulsory social insurance against industrial accidents and occupational diseases, and liability for their failure

3. The deadline for the execution by banks (other credit institutions) of the instruction of the insured to transfer insurance premiums to the insurer or the collection order (order) of the insurer to collect insurance premiums from the insured - a legal entity is one business day from the day following the day of receipt of such an order.

If banks (other credit institutions) violate the deadline for the execution of the instruction of the insured to transfer insurance premiums to the insurer, as well as if banks (other credit organizations) fail to fulfill the collection order (order) of the insurer to collect insurance premiums from the insured - a legal entity if there are sufficient funds on the account of the specified the insurer, the insurer collects a penalty from banks (other credit institutions) in the amount of one hundred and fiftyth the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent for each day of delay.

4. The collection of penalties from banks (other credit organizations) is carried out by the insurer in a manner similar to the procedure for collecting penalties from insured - legal entities.

5. Bringing to administrative responsibility for violations of the requirements of this Federal Law shall be carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

Article 23. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in the event of reorganization or liquidation of the insured - a legal entity

1. In the event of the reorganization of the insured - a legal entity, its obligations established by this Federal Law, including the obligation to pay insurance premiums, shall be transferred to its legal successor.

2. In the event of liquidation of the insured - a legal entity, he is obliged to make capitalized payments to the insurer in the manner determined by the Government of the Russian Federation.

The liquidation commission may include a representative of the insurer.

Article 24. Accounting and reporting on compulsory social insurance against industrial accidents and occupational diseases

1. The insured in accordance with the established procedure keep records of cases of industrial injuries and occupational diseases of the insured and related insurance coverage, maintain state quarterly statistical and accounting reports.

The insured quarterly, no later than the 15th day of the month following the expired quarter, submit, in accordance with the established procedure, to the insurer at the place of their registration, reports in the form established by the insurer.

2. The state quarterly statistical reporting of insured persons on occupational injuries, occupational diseases and related material costs shall be submitted in accordance with the procedure established by the Government of the Russian Federation.

3. The policyholder and his officials shall bear the responsibility established by the legislation of the Russian Federation for failure to submit or inaccurate statistical as well as accounting statements.

Article 25. Accounting and reporting of the insurer

Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law shall be credited to a single centralized account of the insurer in the institutions of the Central Bank of the Russian Federation and spent for the purposes of this type of social insurance.

Operations on a single centralized account of the insurer are carried out in accordance with the rules of the Central Bank of the Russian Federation. Credit organizations accept insurance premiums from policyholders without charging a commission for these operations.

Article 26. Control over the implementation of compulsory social insurance against industrial accidents and occupational diseases

1. State control over the observance of the rights of insurance subjects and the fulfillment of their duties by them shall be carried out in the manner determined by the legislation of the Russian Federation.

State control over the financial and economic activities of the insurer and the implementation of compulsory social insurance against industrial accidents and occupational diseases is carried out by the Accounts Chamber of the Russian Federation, and in terms of the use of allocations from the federal budget - also by the federal executive body in the field of finance.

2. At least once a year, the insurer shall ensure that its financial and economic activities are checked by a specialized auditing organization that has an appropriate license.

3. Public control over the observance of the legal rights and interests of the insured in accordance with this Federal Law shall be exercised by trade unions or other representative bodies authorized by the insured.

Chapter V. Final and transitional provisions

Article 27. Entry into force of this Federal Law

1. This Federal Law shall enter into force simultaneously with the entry into force of the provisions of the Federal Law establishing the insurance rates required to generate funds for compulsory social insurance against industrial accidents and occupational diseases.

2. From the day of the official publication of this Federal Law, the insurer performs preliminary registration of policyholders, registration of persons who should be granted the right to receive insurance coverage, transfer to the insurer in the form established by it of information about these persons by the policyholders and insurance organizations, as well as organizational work on preparation of the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law.

Article 28. Transitional Provisions

1. Persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health associated with the performance of their work duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, provision for insurance is carried out by the insurer in accordance with this Federal Law, regardless of the timing of injury, occupational disease or other damage to health.

The insurance coverage established for the said persons upon entry into force of this Federal Law cannot be lower than the compensation established earlier in accordance with the legislation of the Russian Federation for damage caused by injury, occupational disease or other health damage associated with the performance of labor duties.

Examination of professional working capacity in institutions of medical and social examination of persons who, prior to the entry into force of this Federal Law, received an injury, occupational disease or other damage to health associated with the performance of these persons' work duties, shall be carried out within the time limits established before the entry into force of this Federal Law. The examination of professional working capacity can be carried out earlier than the specified timeframe at the request of the insured.

2. Registration of policyholders by the insurer shall be carried out within 10 days after the entry into force of this Federal Law.

3. The insurer shall not be liable for the elimination of debts resulting from the failure of employers or insurance organizations to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health injuries, and to pay a penalty for delaying the liquidation of these debts, if such debts arose before the entry by virtue of this Federal Law. Employers and insurance organizations retain the obligation to eliminate these debts and pay a penalty in the amount of 1 percent of the unpaid amount of compensation for the above harm for each day of delay until the day this Federal Law comes into force. Penalty for delay in liquidation of debts that have arisen after the entry into force of this Federal Law shall be paid in the amount of 0.5 percent of the unpaid amount of compensation for the above harm for each day of delay.

4. Payments capitalized in connection with the liquidation of legal entities responsible for payment to victims of compensation for harm caused by injury, occupational disease or other health damage related to the performance of labor duties, made to insurance organizations before the entry into force of this Federal Law, are transferred to the insurer in within one month from the date of entry into force of this Federal Law in the amount of the remainder of these amounts as of the date of its entry into force. In this case, the insurer receives documents confirming the right of the victims (including those entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm.

5. The persons specified in clause 1 of this article shall be provided with insurance coverage in accordance with this Federal Law in full, regardless of whether the capitalization of payments was made in the liquidation of legal entities responsible for payment of compensation to victims for harm caused by injury or occupational disease or any other damage to health associated with the performance of labor duties.

Article 29. Recognition as invalid of certain legislative acts of the Russian Federation

To recognize as invalid from the date of entry into force of this Federal Law:

resolution of the Supreme Soviet of the Russian Federation of December 24, 1992 N 4214-I "On the approval of the Rules for compensation by employers of harm caused to employees by injury, occupational disease or other health damage associated with the performance of their labor duties" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet Russian Federation, 1993, N 2, Art.71), with the exception of paragraphs 1 and 2 of clause 2;

The rules for compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by Resolution of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-I (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation , 1993, No. 2, art. 71);

article 1 of the Federal Law "On Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers of Harm Caused to Employees by Injury, Occupational Disease or Other Health Damage Related to the Performance of Their Labor Duties" (Collected Legislation of the Russian Federation, 1995, N 48, Art. . 4562).

Article 30. On amendments and additions to some legislative acts of the Russian Federation

2. Abolished

4. Introduce the following addition to the Criminal Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 2, Art. 198):

the fourth part of Article 44 shall be supplemented with the words "and monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases".

Article 31. Bringing normative legal acts in accordance with this Federal Law

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law.

Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

President of the Russian Federation Boris Yeltsin

Moscow Kremlin

Alexander Nikolaevich Borisov

Commentary to the Federal Law of July 24, 1998 No. 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases"

(itemized)

Taking into account the latest by-laws

COMMENTARY TO THE FEDERAL LAW of July 24, 1998 No. 125-FZ "ON MANDATORY SOCIAL INSURANCE AGAINST OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES"

(as amended by federal laws of July 17, 1999 No. 181-FZ, of October 25, 2001 No. 141-FZ and of December 30, 2001 No. 196-FZ, of the Labor Code of the Russian Federation of December 30, 2001 No. 197 -FZ, federal laws of November 26, 2002 No. 152-FZ, of April 22, 2003 No. 47-FZ, of July 7, 2003 No. 118-FZ, of October 23, 2003 No. 132-FZ, of December 23, 2003 No. 185-FZ, dated August 22, 2004 No. 122-FZ, dated December 1, 2004 No. 152-FZ, dated December 29, 2006 No. 259-FZ, dated July 21, 2007 No. 192-FZ, dated July 23, 2008 No. 160-FZ, dated July 24, 2009 No. 213-FZ, dated November 28, 2009 No. 295-FZ, dated May 19, 2010 No. 90-FZ, as amended ., introduced by federal laws of January 2, 2000 No. 10-FZ, of February 11, 2002 No. 17-FZ, of February 8, 2003 No. 25-FZ, of December 8, 2003 No. 166-FZ, of December 29, 2004 No. 202-FZ, dated December 22, 2005 No. 180-FZ, dated December 19, 2006 No. 234-FZ, dated July 21, 2007 No. 183-FZ, dated July 27, 2010 No. 226-FZ)

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations of compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment agreement (contract) and in other established by this Federal law cases.

The preamble (introduction) of the Federal Law of July 24, 1998 No. 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases" (hereinafter - the commented Law) defines the subject of its regulation or, in other words, the scope of its application. It should be noted that, according to the rules of legal technology, the preamble (introduction) is not a mandatory part of the legislative act. Of the legal and technical requirements for the preamble part of the federal law, it is advisable to mention the following two: the preamble does not contain independent regulatory prescriptions and does not formulate the subject of regulation of the bill (see Methodological recommendations on the legal and technical design of bills sent by the letter of the State Duma Office of 18 November 2003 No. vn2-18 / 490).

From a general theoretical point of view, the definition of the subject of regulation of a legislative act is a definition of social relations that are regulated by the norms of this act and which, by virtue of this, become legal relations. As the direct subject of regulation of the commented Law in its preamble, two components are named: firstly, the establishment of the legal, economic and organizational foundations of compulsory social insurance (hereinafter - OSS) against industrial accidents and occupational diseases, and, secondly, the determination of the procedure compensation for harm caused to the life and health of an employee in the performance of his obligations under an employment agreement (contract) and in other cases established by this Law.

The existence of the commented Law is predetermined by the norms of parts 1 and 2 of Art. 39 of the Constitution of the Russian Federation, which proclaim that: everyone is guaranteed social security by age, in the event of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (part 1); state pensions and social benefits are established by law (part 2). These constitutional norms, in turn, are based on the corresponding generally recognized norms of international law (see the commentary to Article 2 of the Law).

The commented Law was adopted to replace the Resolution of the Supreme Council of the Russian Federation of December 24, 1992 No. 4214-1 "On Approval of the Rules for Compensating Employers for Harm Caused to Employees by Injury, Occupational Disease or Other Damage to Health Related to the Performance of Their Labor Duties" (see commentary to Art. 29 of the Law), which provided for compensation for harm caused to an employee in connection with the performance of his labor duties at the expense of the employer responsible for causing the harm, and in the event of reorganization or liquidation of the enterprise - at the expense of his successor, higher authority or body to which or the capitalized amounts to be paid in damages should have been paid. As noted in the Decision of the Constitutional Court of the Russian Federation of October 6, 2008 No. 1022-O-P, by adopting the commented Law, the federal legislator made a transition to an insurance mechanism for compensation for harm caused to the life and health of citizens subject to the specified type of insurance, when they fulfill their obligations under employment contract and in other cases stipulated by law.

Amendments to federal legislative acts related to the adoption and entry into force of the commented Law were introduced by the adoption of Federal Law No. 152-FZ of November 26, 2002 "On Amendments to Certain Legislative Acts of the Russian Federation Related to the Implementation of Compulsory Social Insurance against Accidents cases at work and occupational diseases ". It should also be mentioned that by the order of the Government of the Russian Federation of July 18, 1996 No. 1149-r, the Plan of preparatory work was approved for the introduction of a system of compulsory social insurance against industrial accidents and occupational diseases.

In order to improve the regulation of OSS from industrial accidents and occupational diseases, the commented Law has been repeatedly amended. These changes are considered in the comments to the relevant articles of this Law. Here, it seems advisable only to mention the acts that introduced the changes. In particular, these are:

Federal Law No. 181-FZ of July 17, 1999 "On the Fundamentals of Labor Protection in the Russian Federation";

Federal Law No. 141-FZ of October 25, 2001 “On Amendments to Article 12 of the Federal Law“ On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases ””;

Federal Law No. 196-FZ of December 30, 2001 "On the Enactment of the Code of the Russian Federation on Administrative Offenses";

Federal Law No. 152-FZ of November 26, 2002 "On Amendments to Certain Legislative Acts of the Russian Federation Related to the Implementation of Compulsory Social Insurance Against Industrial Accidents and Occupational Diseases";

Federal Law No. 47-FZ of April 22, 2003 “On Amendments and Addenda to the Federal Law“ On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases ””;

Federal Law No. 118-FZ of July 7, 2003 “On Amendments and Additions to the Federal Law“ On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases ””;

Federal Law No. 132-FZ of 23 October 2003 “On Amendments and Additions to Certain Legislative Acts of the Russian Federation on the Rehabilitation of Disabled Persons”;

Federal Law of December 23, 2003 No. 185-FZ "On Amendments to the Legislative Acts of the Russian Federation in terms of improving the procedures for state registration and registration of legal entities and individual entrepreneurs";

Federal Law of August 22, 2004 No. 122-FZ "On Amendments to Legislative Acts of the Russian Federation and the Recognition of Invalidation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws" On Amendments and Additions to the Federal Law "On General Principles of Organization legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation ”” and “On general principles of organizing local self-government in the Russian Federation” ”;

Federal Law No. 152-FZ of December 1, 2004 “On Amendments to the Federal Law“ On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases ””;

Federal Law No. 259-FZ of December 29, 2006 “On Amendments to Articles 11 and 18 of the Federal Law“ On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases ””;

Federal Law of July 21, 2007 No. 192-FZ “On Amendments to the Federal Law“ On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases ””;