For existence a legal source of income. Certificate confirming the source of income for Russian citizenship

Case No. 11-460/2016

Judge Klimovich E.A.

APPEAL
DEFINITION

Judicial panel for civil cases Chelyabinsk Regional Court composed of:

presiding Shushkevich O.V.

judges Galimova R.M., Zhukova N.A.

under secretary M.V. Gubina

reviewed in the open court hearing On January 21, 2016, in Chelyabinsk, a civil case on the appeal of T.N. Sadovnikova. to the decision of the Central district court Chelyabinsk dated October 19, 2015 according to the claim of Sadovnikova T.N. to the State Institution - Management Pension Fund of the Russian Federation in the Traktorozavodsky district of Chelyabinsk on imposing the obligation to assign a pension in the event of the loss of a breadwinner.

After hearing the report of judge O.V. Shushkevich about the circumstances of the case and arguments appeal, explanations of the plaintiff Sadovnikova T.N., who supported the arguments of the complaint, objections of the representative of the defendant State institution - the Office of the Pension Fund of the Russian Federation in the Traktorozavodsky district of Chelyabinsk Popova M.A. against the arguments of the complaint, judicial panel

INSTALLED:

Sadovnikova T.N. filed a claim against the State Institution - the Administration of the Pension Fund of the Russian Federation in the Traktorozavodsky district of Chelyabinsk (hereinafter referred to as UPFR in the Traktorozavodsky district) to declare the decision illegal, imposing the obligation to assign a pension in the event of the loss of a breadwinner from the age of ***.

In support of the stated requirements, she indicated that in connection with the death of her husband, on January 21, 2015, she applied to the UPFR in the Traktorozavodsky district with an application for a pension in the event of the loss of a breadwinner under Art. 9 of the Federal Law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation." She was denied a pension, since the income of the deceased spouse was not the main and constant source means of subsistence, in connection with which it was recognized that she was not dependent on the deceased spouse.

Plaintiff Sadovnikova T.N. at the court hearing for satisfaction

insisted on the claims.

Representative of the defendant UPFR in the Traktorozavodsky district Popova M.A. against satisfaction claims objected.

The court made a decision and rejected the claims.

In the appeal, Sadovnikova T.N. asks the court's decision to be quashed. Indicates that the court has not taken into account total amount payments received by the deceased spouse, since at the time of death her husband received a pension in the amount of *** rubles. *** kop., which is confirmed by receipts attached to the case materials. She refers to the fact that her husband’s help was essential and constant for her.

Having checked the case materials and discussed the arguments of the appeal, the judicial panel considers the court decision subject to cancellation in connection with misuse rules of substantive law.

By virtue of Part 11 of Art. Federal Law “On Insurance Pensions” transfer from one type of insurance pension to another is made from the 1st day of the month following the month in which the pensioner submitted an application for transfer from one type of insurance pension to another, but not earlier than the day of acquisition of the right to insurance pension.

Clause 5, Part 1, Art. The Federal Law “On Insurance Pensions” provides that in the event of a pensioner’s refusal to receive the assigned insurance pension, the termination of payment of the insurance pension is made from the first day of the month following the month in which the pension authority received the corresponding application from the pensioner.

From the analysis of the above provisions, it follows that in case of refusal of the pension received, the payment of the pension is terminated, and the pensioner loses his means of livelihood from the first day of the month following the month of filing the corresponding application, therefore, disabled spouse of a deceased pensioner who was not his dependent, acquires

the right to an insurance pension in the event of the loss of a breadwinner no earlier than the date of loss of livelihood.

Based specified standards Federal Law “On Insurance Pensions” insurance pension on the occasion of the loss of a breadwinner T.N. Sadovnikova could have been appointed as a defendant no earlier than February 1, 2015.

Also, the judicial panel considers it necessary to note that, in accordance with Part 1 of Art. Federal Law “On Insurance Pensions” for persons entitled to simultaneously receive insurance pensions various types, in accordance with this Federal law one pension is established at their choice.

Considering that from February 1, 2015, the payment of old-age insurance pension to Sadovnikova T.N. did not stop, she continued to receive the old-age pension assigned to her; when an insurance pension for the loss of a breadwinner is assigned from February 1, 2015, the defendant has the right to pay it taking into account the paid old-age pension.

Guided by Art. Art. - Civil procedural code Russian Federation, judicial panel

DEFINED:

The decision of the Central District Court of Chelyabinsk dated October 19, 2015 is canceled and a new decision is made in the case.

Recognize illegal decision State institution - the Office of the Pension Fund of the Russian Federation in the Traktorozavodsky district of Chelyabinsk dated February 19, 2015 on the refusal of T.N. Sadovnikova to assign an insurance pension in the event of the loss of a breadwinner.

Oblige Government agency- The Office of the Pension Fund of the Russian Federation in the Traktorozavodsky district of Chelyabinsk to assign T.N. Sadovnikova a survivor’s pension from February 1, 2015.

Chairman:

Court:

Main sources of livelihood among the population are:
- income from labor activity - 38.3% of all sources of income for the urban population and 22.6% for the rural population;
- dependency individuals- 24.2% and 21.3%;
- various pensions- 20.1% and 18.5%;
- benefits and other types of government support - 8.9% and 14.3%;
- income from personal subsidiary plots - 4.7% and 21%;
- other sources of income - 4% and 2.2%.
A significant part of the population has more than one source of livelihood. Both the city and rural population in all except the youngest (under 20 years old) and the oldest (60 or more years old), age groups The main source of livelihood is income from work. It plays the greatest role in people aged 30 to 50 years. At this age, work provides a means of subsistence for almost 3/4 of the urban population and 1/2 of the rural population. 7-7.5% of the urban population and slightly less than 30% of the rural population over the age of 30 live on personal subsidiary plots.
Pensions are a significant source of livelihood for 1/3 of city residents aged 50-60 and the main source for more than 4/5 of older people. IN rural areas pension, as the main source of income, is in 3rd place after income from work and from personal subsidiary plots among people 50-60 years old, but at older ages 7/10 of rural residents are already pensioners. Largest number
living on state benefits and dependent on individuals both in the urban population (about 24% and 64%) and in the rural population (38% and 51%) is observed among children, adolescents and students up to approximately 25 years of age.

The spatial differentiation of the share of various sources of income is very large. Moscow and the urban settlements of the Khanty-Mansiysk Autonomous Okrug - Ugra are examples of territories where the vast majority of the population receives income from one source (in both regions, for almost half of the residents this is income from work). Approximately 2/5 of urban residents of the Republic of Tyva and the Republic of Dagestan need a second, and in some cases, a third source of income. Usually the second source is benefits. The relatively young age of the population and its high employment determine the extremely low value of benefits and pensions in the Yamalo-Nenets region Autonomous Okrug and Khanty-Mansiysk Autonomous Okrug - Ugra.
In the regions of the Center and partly the North-West of the European part of Russia, more than 1/4 of the population are age pensioners, and almost a quarter of the rural population receives their main income from personal subsidiary plots.
High level unemployment in a number of regions North Caucasus. The number of children in families is noticeably greater than in other regions and a number of other socio-economic factors are the reason that from 1/3 to 2/5 of both the urban and rural population of the Chechen Republic and the Republic of Ingushetia live on benefits and only 7–12 % _ on income from formally recorded labor activity.
Moscow region and Chechen Republic stand out because in their rural areas there is a high proportion of people living on income from one source. In the first case, this is a consequence of high employment of the population in leading and modern sectors of the economy with satisfactory wages; in the second, this is the result of an undeveloped, unstable economy and very limited opportunity choosing a job in your place of residence.
During the 2002 All-Russian Population Census, only 0.1% of urban residents and 0.2% of rural residents reported receiving income from renting out property. No one pointed to it as the main one or important source income. Even taking into account that in fact these figures are many times underestimated (it is known how much housing is rented, especially in the transport accessibility zone of large cities and in them), it is obvious that in Russia the rentier class has practically not developed - formal and informal obstacles are still too strong development of this method of generating income.

SOURCES OF FUNDS

TO EXISTENCE

POPULATION

Kavalerovsky district

Kavalerovo

PREFACE

The goal of the 2010 All-Russian Population Census is to obtain an official statistical information concerning the size and structure of the population, its distribution over the territory in combination with socio-economic characteristics, national and linguistic composition of the population, its educational level.

All-Russian census population in 2010 was carried out in accordance with the Federal Law of January 1, 2001 “On the All-Russian Population Census”.

The counting moment at which information about the population was collected and recorded was 0 hours on October 14, 2010.

The 2010 All-Russian Population Census is the tenth population census in Russia. The first General Census took place in 1897. In the USSR, population censuses were conducted in 1926, 1937, 1939, 1959, 1970, 1979 and 1989. The previous All-Russian population census took place in 2002.

When conducting the 2010 All-Russian Population Census, as well as previous censuses, the method of surveying the population and filling out census forms by specially trained census takers was used. Census takers walked around the premises in which the population permanently (usually) lived (stayed) and filled out census forms from the words of the respondents. Information was also collected in specially equipped premises - stationary areas and using communications equipment.

In case of absence of household members during the population census or refusal to provide information about themselves, data on the date of birth (age) and gender of these persons were obtained based on administrative sources. This made it possible to obtain the population size and age-sex composition of each settlement and for the country as a whole.

Based on the results of the census, an annual assessment of the population is carried out, taking into account data on the number of births and deaths registered in the civil registry office, as well as arrivals and departures registered by the Federal Migration Service of Russia.

Annual population estimates are widely used by government authorities and scientific organizations for the development of programs for the demographic and socio-economic development of the Russian Federation and its regions, as well as within the framework of monitoring activities for the implementation of the Concept of the demographic policy of the Russian Federation for the period until 2025 and priority national projects.

In addition to annual population calculations, demographic forecasting is also carried out for:

· development of population policy, social sphere and pension provision;

· determining the needs for food, energy, housing, education and health services;

Unemployment benefits

Another kind state provision

Savings, dividends, interest

Renting or leasing property; income from patents, copyrights

Dependency; help from others; alimony

Another source

10.3 thousand residents of the Kavalerovsky district (41.3%) indicated income from work as their source of livelihood (in 2002 - 10.8 thousand people, or 36.8%). This source was named as the main one by 9.1 thousand people.

In 2002, 4.9 thousand people (16.6%) named personal subsidiary plots as one of their sources of livelihood. In 2010, 4.6 thousand people (18.5%) had income from personal subsidiary plots, but only 211 people, or 4.6% of all those with this source, named it as their main source.

The number of scholarship holders decreased by 43.6% compared to 2002 due to the increase in the number of students with full refund training costs in educational institutions higher and secondary vocational education.

A 0.9% decrease in the number of pensioners receiving old-age pensions social pension, survivor's pension, for long service, occurred with a simultaneous increase in the number of disability pensioners (by 1.5%).

The number of people receiving benefits (except for unemployment benefits) amounted to 2.2 thousand people and decreased by 2.3 times compared to 2002. Most of them (59.5%) are children and adolescents under 16 years of age. For 176 people this was the main source of livelihood.

In 2010, 486 people (or 2% of the population) indicated unemployment benefits; in 2002, 1219 people, or 4.1%, called it the main source of livelihood - 352 people.

During the census, 235 people, or 0.9% (compared to 393 people, or 1.3% in 2002), indicated another type of government support as their source. These are, wholly or partially supported by the state, children from orphanages, students from boarding schools; persons living in boarding homes for the elderly and disabled.

The census showed that, despite the small number of people living on savings, dividends, interest (120 people), as well as from renting or renting property, income from patents and copyrights (16 people), the growth rate of this category of people in the intercensal period were high, 5.2 times and 2.7 times, respectively. At the same time, in the first group of people this income was named as the main source by 55%, and in the second - 31 percent.

The number of the population dependent on individuals and receiving assistance from other persons or alimony amounted to 6.7 thousand people (26.7%) and decreased by 24.7 percent compared to 2002. The overwhelming majority of dependents (over 78%) are children and youth under 25 years of age. Of the dependents, 93.2% named this source as their main source.

The composition of livelihood sources is closely related to the age of the population. Three main sources of livelihood that naturally succeed each other during the transition from younger ages to elders: dependency – work – pension (except for disability pensions).

AVERAGE NUMBER OF LIVELIHOODS (ALS)

BY AGE AND GENDER

The graph clearly demonstrates the dependence of the number of sources of livelihood on age. Under the age of 15, the number of sources is more than one, mainly through child benefits. Upon reaching working age, the number of sources decreases due to the fact that the majority of the population has only one source, as a rule, income from work. At the same time, in women this indicator higher than that of men due to receiving additional benefits child care and personal work subsidiary plot. When approaching the retirement milestone (retirement for individual categories population starts at age 45) and soon after retirement, the average number of sources increases due to receiving a pension and continuing to work, then decreases due to a decrease in the opportunity to have an additional source.

Three main sources of livelihood - work, dependency and pension (except for disability pension) - have 93.8% of the population who indicated the answer to the question about the main source of livelihood. These sources predominate both among the urban (94.4%) and rural populations (84.2%), they are typical for both men (92.9%) and women (94.6%).

Exceeding 100% due to individuals having multiple sources.

One of mandatory documents, necessary for obtaining citizenship. is a document confirming the presence of a legal source of livelihood (sub. “c”, paragraph 1, article 13 “On citizenship of the Russian Federation”). Such a document may be any documentary evidence of the receipt of income by the applicant from legal activities, it is possible to provide a certificate with tax authorities, work book, certificate from place of work, etc. It should be kept in mind that according to family law spouses' property is considered joint property, unless otherwise provided in the special marriage contract. Thus, if it is impossible to provide a document confirming the existence of a legal source of livelihood, the applicant has the right to provide such a document from his spouse. In cases where foreign citizen really implements labor activity on the territory of Russia and has a “white” salary, no problems with providing of this document, in fact, there should not be. The problem arises when the applicant Russian citizenship does not work or works but does not have an official salary.

In this case, you can put the money in the bank and provide and provide to the Federal Migration Service a certificate indicating that you have an account in the bank.

Possibility of replacing a certificate from work, from tax authorities, etc. a certificate of availability of a bank deposit has its own nuances. The point is that it is not fixed anywhere minimum amount, which should be in the applicant’s bank account. Such a gap in the legislation can and should be filled by the court, however judicial precedent no on this score yet (at least not known to us). The Federal Migration Service interprets the possibility of providing bank account, as proof of the applicant's income, i.e. Availability Money, which the applicant can spend without changing the value of his property. This is how employees usually formulate their demands. migration service. The technical imperfection of this formulation is obvious - after all, the income received is also property! And in general, why does a person need to have income if the size of his property allows him to live comfortably for the rest of his life without working?

There are many problems on this issue, and they can only be resolved by a high-level court, which can give a final clarification on this issue. As for the income part of the deposit, if we consider this point of view, it seems that the income cannot be less minimum size wages (minimum wage) in this region. You can find out the size of the minimum wage, which is constantly changing, on the Internet and in other sources.

Another the most important question which everyone often encounters citizenship lawyer. Is it possible to withdraw money from a bank account after submitting an application for citizenship and all necessary documents? We believe that such a possibility exists. The fact is that a certificate issued by a bank about the presence of a deposit and the receipt of interest on this deposit after the money is withdrawn from the bank does not become invalid, because such a certificate contains the date of issue and at the time of issue there was actually a certain amount of money in the bank. The legislation does not require that the applicant have a legal source of livelihood during the entire period of consideration of his application for citizenship, but only the requirement that such a source be available for filing an application for citizenship. Accordingly, you can withdraw money after submitting an application. We recommend doing this no earlier than a month after submitting your application for citizenship.

Certificate of income for a residence permit.

A document confirming the existence of a legal source of livelihood is also contained in the list of documents required to obtain a residence permit. Here, however, the requirement is detailed. It is necessary to prove the ability to support yourself and your family (if family members live in Russia) for a whole year at a level not lower than living wage. This is where understanding a certificate of availability of a bank deposit as a certificate proving the availability of income is the most adequate. This is exactly what is written in administrative regulations. Please note that before receiving residence permit, By general rule, a foreign citizen must first obtain a temporary residence permit, and recent amendments to the law allow such citizens to work without obtaining a work permit.

Therefore, there should be no problems with providing a certificate of employment. It seems that providing this particular document will best protect against arbitrariness on the part of migration service employees.

It is also necessary to remember that you will have to confirm the presence of a legal source of livelihood every year while you have a residence permit. Violation of this rule more than two times in a row may lead to the cancellation of a previously issued residence permit.

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Certificate 2 personal income tax for the Federal Migration Service

Certificate 2 of personal income tax for the Federal Migration Service is traditional document who owns complete information about the person’s income, as well as the amount of taxes (accrued or already paid).

Confirmation of legal source of livelihood

All foreigners who come to the territory of the Russian Federation and want to get money from a bank must contact the MFS in order to first obtain a residence permit. And for this you need a large package of documents, including vital role plays certificate 2 personal income tax, which must confirm official source income. This document is the main argument that will help you quickly and reliably obtain a residence permit.

If you are not officially employed or are temporarily unemployed, then you need a certificate to apply for a loan. Our company will allow you to buy a certificate for the Federal Migration Service quickly and without much difficulty. You will receive 2 personal income taxes for the Federal Migration Service as soon as possible.

What documents are needed for the UMFS, except for the certificate that corresponds to Form 2 of the personal income tax:

• Tax return
• Certificate from place of work
• Copy of work book
• Certificates of ownership of deposits in banks.

We will issue you a certificate in accordance with your requirements and include it there the required amount for the period of time you need.