ABOUT MAKING CHANGES

IN ARTICLES 127 AND 146 OF THE FAMILY CODE OF THE RUSSIAN FEDERATION

AND ARTICLE 271 OF THE CIVIL PROCEDURE CODE

State Duma

Federation Council

Judicial practice and legislation - 351-FZ On amendments to Articles 127 and 146 of the Family Code of the Russian Federation and Article 271 of the Civil Procedure Code of the Russian Federation

In connection with the entry into force on September 1, 2012 of the Federal Law of November 30, 2011 N 351-FZ “On Amendments to Articles 127 and 146 of the Family Code of the Russian Federation and Article 271 of the Civil Procedure Code of the Russian Federation” (hereinafter referred to as the Federal Law N 351-FZ) and Decree of the Government of the Russian Federation dated April 25, 2012 N 391 “On amendments to the Rules for the transfer of children for adoption and monitoring the conditions of their life and upbringing in adoptive families on the territory of the Russian Federation and in Rules for the selection, registration and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children left without parental care into a family for upbringing in other forms established by the family legislation of the Russian Federation" (hereinafter referred to as Resolution No. 391) of the Ministry of Education and Science of the Russian Federation reports.

Introduce No. 5-FZ “On Veterans” dated January 12, 1995 (as amended by No. 40-FZ dated January 2, 2000) (Collected Legislation of the Russian Federation, 1995, No. 3, Art. 168; 2000, No. 2, Art. 161, art. 2002, art. 3033; 2009, No. 3133; No. 3739; 2010, No. 2287; No. 31, Article 4206:

1) in the word "Federation;" replace with the words “Federation. If a war disabled person purchased at his own expense a prosthesis (except for dentures), prosthetic and orthopedic products, the provision of which is provided for in the prescribed manner, he is paid compensation in the same amount as the amount of compensation established by part six Article 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation";";

2) in the word "Federation;" replace with the words “Federation. If a participant in the Great Patriotic War purchased at his own expense a prosthesis (except dentures), prosthetic and orthopedic product, the provision of which is provided in the established manner, he is paid compensation in the same amount as the amount of compensation established part six of article 11 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation";";

3) in the word "Federation;" replace with the words “Federation. If a combat veteran purchased at his own expense a prosthesis (except for dentures), prosthetic and orthopedic products, the provision of which is provided for in the prescribed manner, he is paid compensation in the same amount as the amount of compensation established by part sixth article 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation";";

4) in the word "Federation;" replace with the words “Federation. If these persons purchased at their own expense a prosthesis (except for dentures), prosthetic and orthopedic products, the provision of which is provided for in the prescribed manner, they are paid compensation in the same amount as the amount of compensation established by part six Article 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation";";

5) in the word "Federation;" replace with the words “Federation. If these persons purchased at their own expense a prosthesis (except for dentures), prosthetic and orthopedic products, the provision of which is provided for in the prescribed manner, they are paid compensation in the same amount as the amount of compensation established by part six Article 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation";";

6) in the word "Federation;" replace with the words “Federation. If these persons purchased at their own expense a prosthesis (except for dentures), prosthetic and orthopedic products, the provision of which is provided for in the prescribed manner, they are paid compensation in the same amount as the amount of compensation established by part six Article 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation";

Amend No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation” (Collection of Legislation of the Russian Federation, 1995, No. 48, Art. 4563; 2003, No. 43, Art. 4108; 2004, No. 35, Art. 3607; 2008, N 30, art. 3616) the following changes:

“If a technical means of rehabilitation and (or) service provided for by an individual rehabilitation program cannot be provided to a disabled person, or if a disabled person has purchased an appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he is paid compensation in the amount of the cost of the acquired technical means of rehabilitation and (or) ) the service provided, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of said compensation, determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.";

Federal Law No. 351 on pension savings came into force at the end of 2013. In accordance with it, all citizens younger than 1967 (inclusive) needed to decide on choosing a method of pension provision by the end of 2016. You could choose to form only the insurance part or together with the savings part.

Law on the formation of the funded part of the pension: age categories of persons

Insurance premiums make up 22% of the wage fund. If a citizen has chosen the simultaneous formation of both an insurance and funded pension, then 6% is deducted in favor of the latter.

Pension savings for persons born in 1966 (inclusive) are formed only from voluntary contributions and maternity capital funds, when directed to appropriate use. In this case, you cannot select a security option.

For citizens younger than 1967 (inclusive) provided the opportunity to independently select the system for generating payments. If it has not been carried out, then the full amount of insurance contributions is automatically used to finance the insurance pension. Citizens who have not made their choice are called silent.

There are small savings in men born 1953-1966 and women born in 1957-1966I , if in 2002-2004 they were officially employed. At that time, employers were obliged to pay insurance premiums regarding the data of citizens, which were counted in. In 2005, the legislation changed, so these payments stopped.

Storing funds and investing according to the law

If a citizen has chosen security that includes both parts of the benefit, then every year he has the right to choose an insurer.

The latter can be:

In conditions of constant inflation, funds will depreciate, so they are invested at the discretion of the fund.

Important! The Pension Savings Law provides for a limited list of possible assets, so high-risk investments are excluded.

When generating funds, a non-state fund is involved in accounting, investment, and payment. If the Pension Fund has been selected, then this body only takes into account savings and makes further payments. Investments are made by a management company that has special permission for such activities.

Default savings

If a citizen has not made any statements, then his savings are automatically formed in the Pension Fund, and Vnesheconombank handles the investments.

This management company is state-owned, and trust management is regulated by an agreement with the Pension Fund.

Provides financial support. For these purposes, a payment reserve has been formed, the source of which is the funds of insured persons with an established additional pension. The funds of this reserve are in trust management of the company, the corresponding powers of which are given by the Government of the Russian Federation.

Refusal to form a funded part according to the law

Citizens have the right to refuse the formation of the second part of payments. To do this, you must submit a corresponding application to the Pension Fund. In this case, insurance premiums will be directed to the insurance part.

Those funds that have already been generated at the time of refusal are paid in full when the benefit is assigned. Until this period, the non-state fund or the PFR management company continues to invest these funds.

Changing the pension savings fund

Even if he refuses to further form this part, the citizen has the right to change the fund.

To assign pension savings, you must select the appropriate type of security. The selected Pension Fund is responsible for accounting for savings, and it also pays them out. A non-state body invests savings independently, and the Pension Fund invests them through a management company. A citizen also has the right to make voluntary contributions.

Important! There is also the possibility of accumulation through voluntary contributions, which include maternity capital (in whole or in part).

Law on pension points

The rights of citizens depend on these points (conventional units). In 2019, the number of points can be a maximum of 8.7, but this applies only to the formation of an insurance pension.

To determine the total amount, the accumulated points for each calendar year are taken into account. This amount increases if you use the right to retire later than the due date (at least a year).

Note: When forming pension savings and at the same time, you can receive no more than 6.25 points per year.

How to receive the second part of the pension according to the law

You can withdraw the funded part of your pension not all at once, but partially.

The Law on Payments of Pension Savings provides for several pension options:

• fixed-term pension;
• monthly.

The duration of the urgent payment is determined by the citizen, but must be more than 10 years. This option is allowed if the funds were generated through the state co-financing program, maternity capital, or income from investing these funds.

Savings savings are paid for life and every month. To calculate its monthly amount, you need to divide the total amount of funds by 246 (the expected payment period).

Receiving pension funds in a lump sum

A lump sum payment means receiving the entire amount at once.

This is possible under the following conditions:

1. the non-insurance part is no more than 5% of the amount of the insurance part;
2. lack of right to old-age insurance payment due to lack of pension points or lack of required length of service.

Law No. 360 provides that a lump sum payment can be made again, but only after six months. If a funded pension was established earlier, the funds are not paid.

Freezing the additional part of the pension

Benefits were first decided in 2014.

The State Duma decided to extend this measure until 2020.

This procedure means that, regardless of the chosen method of provision, until 2020 all insurance contributions (22%) participate in the formation of the insurance pension. It is not yet known whether the pension freeze will be extended further.

Transfer of funds to legal successors

The federal law on the payment of pension savings means that they can be received by legal successors.

This requires submitting an application to the selected fund indicating the legal successors and the distribution shares of the funds. In the absence of such a statement, only a relative can be the legal successor.

The first group includes children, spouses and parents, the second group includes brothers, sisters, grandchildren, and grandfathers. In this case, the shares are equally distributed among all representatives of one queue.

Please note: p successors do not have the right to receive funds if the citizen has been paid a funded pension.

State co-financing of pension savings

It was possible to join this program until the end of 2014, and the first contribution had to be made during January 2015.

The program is valid when transferring to the funded part of the pension no less than 2 thousand and no more than 12 thousand rubles per year. If this condition is met, the transferred amount is doubled, that is, the second half of the amount goes to the individual account from the state.

Receipt of these payments is carried out after registration of the cumulative payment.

02/08/2019 The Ministry of Education will submit a bill on changing the procedure for the adoption of minors to the Government .

On February 8, the Public Chamber of the Russian Federation held hearings on the bill “On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children’s Rights.” The event was attended by Deputy Minister of Education of the Russian Federation T. Yu. Sinyugina.

During her speech, T. Yu. Sinyugina said that the department is ready to submit a bill to change the procedure for the adoption of minors to the Government.

We have met with you several times over the course of six months. And the reason for our meetings was an interested and caring conversation and work on a bill, which today is ready for us to submit to the Government,” said T. Yu. Sinyugina.

For information

In December 2018, members of the Interdepartmental Working Group under the Ministry of Education of Russia prepared a bill “On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children’s Rights.” The bill was posted on the federal portal of draft regulations for wide public discussion.

The bill contains new approaches to the transfer of orphans to families that will develop the institution of guardianship and improve the conditions for training people who want to take an orphan into their family.

For the first time, the bill proposes to introduce the concept of “escort” into federal legislation. It is planned that this authority will be vested in authorized regional authorities and organizations, including non-profit organizations.

The document pays special attention to the adoption procedure; a provision has been added on the procedure for reinstating adoptive parents in the responsibilities of parents if they were previously deprived of this opportunity.

The State Duma has allowed the adoption of children with HIV and hepatitis C. We are talking only about those cases when the child lives with a potential adoptive parent or guardian “due to already established family relationships”

Russians infected with the human immunodeficiency virus (HIV) and hepatitis C may be allowed to adopt children already living with them. The State Duma plans to consider the corresponding bill prepared by the Government in the second reading in May.

The State Duma adopted in the first reading a bill allowing, under certain circumstances, persons with HIV infection or hepatitis C virus to be adoptive parents, a REGNUM correspondent reported on April 2.

Russian Federation

FEDERAL LAW of 09.12.2010 N 351-FZ "ON AMENDING THE FEDERAL LAW "ON VETERANS" AND ARTICLES 11 AND 11-1 OF THE FEDERAL LAW "ON SOCIAL PROTECTION OF PERSONS WITH DISABILITIES IN THE RUSSIAN FEDERATION"

a) add part two with the following paragraph:

“special means of transportation (wheelchairs).”;

b) part five after the words “For medical indications” is added with the words “and contraindications”;

c) part fifteen after the words “List of indications” should be supplemented with the words “and contraindications”, the words “and the procedure for providing disabled people with technical means of rehabilitation are determined” dated November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation” was purchased at our own expense technical means of rehabilitation and (or) paid for the service before the date of entry into force of this Federal Law, compensation is paid in accordance with the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation" (as amended in force before the date entry into force of this Federal Law) regardless of the date of application for this compensation.

President of Russian Federation
D.MEDVEDEV

Moscow Kremlin