Laws supporting large families. New law on large families: proposals from officials

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The legal status of large families is currently regulated by a fairly large number of regulations that are adopted at different levels of government - from federal to municipal. It is for this reason that careful attention should be paid to all those regulations that are adopted to determine the status of such families and provide them with various types of benefits.

What legal documents should you pay attention to when determining the legal status of large families and what exactly should be understood by a large family?

Large family from the point of view of current legislation

A large family is always a family that raises a larger number of children than is statistically established in a given region as the average number of children in a family. A specific definition from the point of view of current legislation has not been established today. It is for this reason and to interpret the status of such a family that one has to turn to a large number of regulations in force on the territory of the Russian Federation.

To receive certain benefits and privileges that are provided for large families in the current legislation, you should contact the territorial divisions of the guardianship and trusteeship authorities (the territorial division should be clarified based on the family’s residential address).

The current legislation today provides the opportunity for large families to fully defend their rights and receive certain privileges. To this end, a fairly large number of regulations have been adopted, but a single one that could unite all existing ones has not been formulated to date.

Large families legislation 2015 -2016 gg. grants a fairly wide range of rights and benefits. Large families legislation 2015 -2016 guarantees and rights are provided in housing, tax and other areas. We will tell you which ones exactly in this article.

Law on large families 2015-2016: how are the rights of parents with many children regulated?

Today there is no single law that would regulate the status, benefits and rights of citizens with many children at the federal level. Guarantees and privileges provided to families with three children are contained in various federal laws of the Russian Federation (Housing Code, Labor Code, Law “On Insurance Pensions”, etc.). Presidential Decree No. 431 of 05/05/1992 is still in effect, which establishes a number of benefits for large families and places the responsibility for providing them on the regional leadership.

The definition of the concept of “large family” is enshrined in the laws of the constituent entities of the Russian Federation. In addition, each region has its own regulations that provide measures to support citizens with minor children. For example, in the capital there is a law “On social support for families with children in the city of Moscow” dated November 23, 2005 No. 60. The legislation of the constituent entities of the federation determines:

specific types of assistance to large families;
the amount of benefits and payments from the regional budget;
conditions under which assistance is provided;
measures to support families with 5 or more children;
reasons for awarding the medal “Motherly Glory”.

Many rights are granted only to parents who have officially registered the status of having many children. At the same time, some benefits are addressed to citizens with 3 or more children, regardless of whether they receive such status.

Rights of large families 2015-2016 in the housing sector

Such rights are enshrined in the Housing Code of the Russian Federation, as well as in regional legal acts. The basic housing rights of citizens with many children include:

The right to receive housing under a social tenancy agreement. This right belongs to those large families whose income per person is below the subsistence level and who need housing. Those in need are citizens who do not own housing or have a social tenancy agreement. These also include families provided with housing below the minimum standard per person (the national average is 10 sq. m.). To exercise housing rights, a family must get on the waiting list for housing.
Right to receive housing subsidy. A subsidy is budget funds that are given to a family to partially pay for the purchased living space; citizens pay the rest themselves. In Moscow, families with 3 children can receive a 100% subsidy for housing. According to According to the law of the Russian Federation, a large family can apply for a subsidy in the same cases as for receiving an apartment in social security. If a family receives a subsidy, it is removed from the queue for social housing.
The right to receive a land plot for housing construction. Families with 3 or more children can get a plot. Its area varies depending on the region, but is not less than 6 acres. The land plot is transferred into ownership free of charge. But you can only get it once. The legislation of a constituent entity of the Russian Federation may allow the allocation of land not only for the construction of a residential building, but also for running a country house and gardening. The land plot is issued within the boundaries of the locality in which the family lives. It is provided in order of priority, but, as a rule, the waiting period is shorter than when receiving a subsidy or an apartment under a social lease agreement.

Rights of large families in the social sphere

Although Federal Law about large families 2016 g. is still not adopted, the rights of these families to receive social security are enshrined in other regulations, in particular in the law “On State Benefits for Citizens with Children.”

The social rights of large families include:

The right to receive payments due for the birth and upbringing of children. If a family is not only large, but also low-income, then, among other things, it is entitled to:

allowance for the third child and subsequent children (up to age 3), which is paid in 53 regions of our country;
child benefit until the student turns 16 (the student is 18) years old.

The right to receive free goods and services (baby food for children under 3 years old, medicines for children up to 6 years old, two meals a day in schools, travel on public transport, once a month - visiting a museum). A detailed list of benefits is established by regional legislation.

The right to assistance in preparing a schoolchild for the beginning of the school year (for example, in the capital, 5,000 rubles are paid annually for each student from a large family).

The right of priority enrollment in preschool institutions.

The right to reduce payments for housing and communal services by at least 30%.

The right to free legal assistance (if the family is low-income).

Labor rights

Labor rights enshrined in law for parents with many children are no less important than social rights. After all, the main concern for supporting children falls on parents; government payments and benefits are only additional measures of support. Rights in this area are enshrined in the Labor Code of the Russian Federation, the Law “On Employment” and other legal acts. Rights in this area include:

The right to additional unpaid leave (no more than 2 weeks) at a convenient time if the family has at least 2 children under 14 years of age. However, an employee can exercise such a right only if it is contained in a collective agreement.
The right to early old-age pension for women who have given birth to 5 or more children. This right also belongs to mothers of 2 or more children who have worked for 12 years in the Far North.
The right to include in the pension insurance period the period of caring for children under the age of 1.5 years (no more than 6 years in total).
The right to assistance in finding suitable work for unemployed citizens with many children. The employment service should take into account that, in connection with raising children, they may need to work from home, with a flexible schedule or part-time.

Rights of citizens with many children in the field of taxation

The rights of families with many children regarding the payment of taxes are contained in the Tax Code of the Russian Federation. These include:

The right to exemption from income tax on amounts of state child support benefits. Tax is not charged on any payments and benefits, with the exception of payments for sick leave (when caring for a sick child).
The right to receive a standard personal income tax deduction for the third child in an amount greater than the deduction for the first and second. A deduction for the third and subsequent children is provided in the amount of 3,000 rubles. (13% tax is not charged on this salary amount). This increased deduction continues when older children reach adulthood.
The right to benefits in the payment of land and transport taxes, if this is provided for by regional legislation. In a number of regions (for example, in the capital), one of the parents with many children is completely exempt from tax for one vehicle.

Right of association

Like other citizens, large families have the right to unite in public organizations. As a rule, such associations are created on a territorial basis. Thus, in 2014 in Moscow, district organizations of large families united into a citywide association. According to its creators, this was done to better protect their interests in the face of the capital’s government.

The main objectives of associations of parents with many children are:

joint solution of current problems;
targeted support for families in need;
assistance in resolving bureaucratic issues, including processing benefits, benefits and payments;
development of proposals to regional authorities on measures to support families with children;
formation in society of a positive attitude towards a family with a large number of children;
providing psychological support;
joint leisure activities.

Despite the significant number of rights of large families, many of them remain unrealized. This is especially true for the housing sector, since the population’s needs for living space far exceed the financial capabilities of the regions.

In Russia today there is no unified federal law on state support for large families. The adoption of the corresponding document in Russia has been expected since the late 1990s. It was then that a bill was written that was intended to regulate interaction in this area. However, this document was never officially approved. One of the reasons for its rejection lies in the fact that the provisions of the draft Federal Law on large families were contained in many other already existing regulatory acts of Russia. Another reason is more trivial - the lack of money in the budget to finance all state support programs for families raising a significant number of children.

At the moment, the main conditions for providing support and assistance to large families are defined in the Decree of the President of the Russian Federation “On measures for social support of large families” (No. 431), which was issued almost a quarter of a century ago. This document, dated 1992, defines the general provisions of state social support, and the planning and implementation of specific activities is entrusted to the executive and legislative authorities of the constituent entities of the Russian Federation. Thus, today all regions have their own law on large families.

In fact, in the current domestic legislation there is no such concept as a “large family”, nor is its definition given. Each subject of the Russian Federation has its own and is enshrined in the normative act of the corresponding region. Traditionally, a group of society with at least three children is considered to have many children. It is interesting that many benefits are provided to those who have formalized the status of having many children.

Improving living conditions

Benefits for families with a large number of children, implying improved living conditions, are contained in the provisions of the Housing Code of the Russian Federation. The mechanism for implementing these rights is most often described in official documents of the regions.

Obtaining a social apartment or house under a rental agreement. This right is exercised when a family does not have its own housing and the income per each of its members is below the subsistence level. To get an apartment or house under a rental agreement, you need to stand in line and bring documents confirming your family’s low income and lack of housing. This right, by the way, also applies to those families that are not provided with the social standard of housing, that is, less than 10 m2 per person.
Receiving social benefits for the purchase of housing. Parents with many children may be given budget funds to purchase their own apartment or house. The subsidy can be 30-50% of the cost of a house or apartment (the amount depends on the region of residence of the needy couple with children and, accordingly, the legislation of a particular subject of the Russian Federation). If a family was in line for social housing for rent, then, having received a subsidy, it loses its turn.
Obtaining a plot of land for the construction of a residential building. This right appeared thanks to amendments to Federal Law No. 161 “On promoting the development of housing construction.” It is legally established that parents with three or more children have the right to receive a plot for the construction of their own housing. The size of land plots is determined by regional regulations (at least 6 acres). The plot is allocated to the family free of charge and only once.

For families with many children, benefits have also been introduced for land tax and payment for housing and communal services. Thus, families can receive a discount on tax payments for land plots and housing and communal services - up to 100%. The size of such a social benefit depends on the region of residence of its recipient.

Social support for families with three or more children

A one-time payment at the birth of each child, which is indexed annually. This year it is 14,497.80 rubles.
Child care benefit up to 1.5 years (paid monthly and depends on the income of the mother or other relative who will be on maternity leave for this period).
Allowance for child care up to 3 years old (paid monthly in the amount of 50 rubles plus regional coefficient).
Benefits for children under 18 years of age (established by regional legislation).
Cash payments for the third and subsequent children up to 3 years of age (not valid in all constituent entities of the Russian Federation).
Additional payment for children under 16 years of age (for students up to 18 years of age).

In addition, large families are entitled to the following as social support measures:

free receipt of goods and services (baby food - up to 3 years, school meals, medicines - up to 6 years, visits to cultural institutions - once a month, travel by public transport) - the range of goods and services depends on the region of residence of the child;
priority when entering social infrastructure facilities (enrollment in a kindergarten, admission to a hospital or children's camp).

If a family is not only large, but also low-income, then it also has the right to receive legal assistance free of charge.

Labor rights of parents with many children and tax benefits

For parents with several children, of course, not only benefits and benefits are important, but also labor guarantees that will allow them to receive preferential rights in their jobs. These rights are regulated, first of all, by the Labor Code of the Russian Federation, RF Law No. 1032-1 “On Employment” and other Federal Laws. Firstly, they have the right to additional unpaid leave. If such a norm is spelled out in the collective agreement, then a working parent of three or more children can take “vacations” at his own expense at a time convenient for him for a period not exceeding 14 days.

Secondly, for early retirement for mothers with five or more children. Such benefits are also available to women who have two children and have worked for more than 12 years in the Far North. In both cases, you can retire at age 50. Thirdly, to include parental leave until the child reaches 1.5 years (maximum 6 years in total) in the pension experience of a mother with many children. And fourthly, help in finding a job from government employment agencies. Parents with three or more children should be helped to find work from home, with flexible hours or part-time work.

In the regions of the Russian Federation, optional labor benefits are possible for parents with many children, which are regulated by local legislation. The Tax Code of the Russian Federation also contains provisions regarding social benefits for large families. There are two main tax rights for this category of citizens:

for exemption from income tax on social benefits for child support. Tax is withheld only from the amount paid for sick leave when caring for a sick child;
to increase the amount of personal income tax refund. This benefit concerns the tax deduction for the third child and is equal to 3 thousand rubles.

In some regions, parents with many children may also not pay transport tax for one of their cars. Such benefits must necessarily be enshrined in a regulatory act of a constituent entity of the Russian Federation.

, leave for the mother of the child, support for large families

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Lawyer, Rybinsk

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Hello! Currently, the following benefits apply to large families at the Federal level:

Decree of the President of the Russian Federation of May 5, 1992 N 431
“On measures for social support of large families”
With changes and additions from:
February 25, 2003

In order to carry out a targeted and targeted policy to strengthen social support for large families in the context of price liberalization, I decree:
1. To the governments of the republics within the Russian Federation, executive authorities of territories, regions, autonomous entities, the cities of Moscow and St. Petersburg:
a) identify categories of families that are classified as large and in need of additional social support, taking into account national and cultural characteristics in the socio-economic and demographic development of the region;

b) establish for large families:
a discount of no less than 30 percent of the established fee for the use of heating, water, sewerage, gas and electricity, and for families living in houses that do not have central heating - from the cost of fuel purchased within the limits established for sale to the population in a given territories;
free issuance of medications purchased according to doctor’s prescriptions for children under 6 years of age;
free travel on intracity transport (tram, trolleybus, metro and city buses (except taxis), as well as on suburban and intradistrict buses for students of secondary schools;
admission of children to preschool institutions in the first place;
free meals (breakfasts and lunches) for students of general education and vocational educational institutions at the expense of general education funds and deductions from their production activities and other extra-budgetary contributions;
free provision, in accordance with established standards, of a school uniform or a replacement set of children’s clothing for attending school classes, as well as sports uniforms for the entire period of children’s education in a comprehensive school at the expense of universal education funds or other extra-budgetary funds;
one day a month for free admission to museums, cultural and recreational parks, as well as exhibitions;

c) provide the necessary assistance to parents with many children who want to organize peasant (farm) enterprises, small enterprises and other commercial structures, ensure the allocation of land plots for these purposes, and also provide benefits for collecting land tax and rent in the form of full or partial tax exemption for a certain period or reduction of tax rates; provide gratuitous financial assistance or interest-free loans to reimburse expenses for the development of a peasant (farm) economy; provide for complete or partial exemption from payment of registration fees from individuals engaged in entrepreneurial activities;

d) ensure priority allocation of garden plots for large families;

e) facilitate the provision of preferential loans, subsidies, and interest-free loans to large families for the purchase of building materials and housing construction;

f) when developing regional employment programs, take into account the need to employ parents with many children, the possibility of them working under flexible forms of work (part-time work, part-time work week, work from home, temporary work, etc.); ensure the organization of their training and retraining taking into account the needs of the regional economy.

2. The Government of the Russian Federation shall conduct regular surveys of the living standards and incomes of low-income groups of the population, including large families, in order to implement measures to provide them with the necessary social support.

3. The Ministry of Finance of the Russian Federation, together with the Ministry of Social Protection of the Population of the Russian Federation, shall, within a month, develop the procedure and conditions for reimbursement of expenses for the implementation of measures provided for by this Decree.

4. This Decree will come into force on July 1, 1992. The norms of subparagraph “c” of paragraph 1 come into force in the manner established by the resolution of the Congress of People’s Deputies of the RSFSR dated November 1, 1991 “On the legal support of economic reform.”

I recently learned that as the father of a large family, I have the right, according to the Federal Law on benefits for large families, to an additional 5 days of vacation (with 3 children) and another five days at the birth of the fourth, and so on...
Andrey

There is no such situation. If the organization's collective agreement provides for additional leave, then you can use it.

Article 116 of the Labor Code of the Russian Federation

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

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I leave it to you to evaluate all the measures yourself. There are many variations of the law. If you want more details, search the Internet.

FEDERAL LAW ON STATE SUPPORT OF LARGE FAMILIES

Activities for the care and upbringing of children in a large family during the entire period of time provided for in paragraph two of Article 1 of this Federal Law, until the day from which the family cannot be considered large, refers to socially useful activities, which are included in the total work experience of one of the parents in the manner established by the legislation of the Russian Federation. FEDERAL LAW ON STATE SUPPORT OF LARGE FAMILIES

This Federal Law establishes a targeted and targeted system of economic, social and legal guarantees for large families, which provides state support for family, motherhood, paternity and childhood guaranteed by the Constitution of the Russian Federation in order to improve the demographic situation in the Russian Federation.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts

For the purposes of this Federal Law, the following basic concepts are used: a large family is a family that has three or more children and raises them until the age of eighteen, and full-time students of secondary specialized or higher educational institutions - until they complete their studies, but no more than until they reach the age of twenty-three years;

state support for large families is a policy determined by the state in the field of economic, social and legal guarantees for large families, the purpose of which is to increase the birth rate and improve the general demographic situation in the Russian Federation, to provide conditions for the full upbringing, development and education of children in large families.

Article 2. Legislation of the Russian Federation on state support for large families

1. The legislation of the Russian Federation on state support for large families consists of this Federal Law, laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

2. If an international treaty of the Russian Federation in the field of protection of family, motherhood, paternity and childhood establishes rules other than those provided for by this Federal Law, then the rules of the international treaty apply.

Article 3. Scope of application of this Federal Law

1. This Federal Law applies to:

large families of citizens of the Russian Federation living on the territory of the Russian Federation;

large families of foreign citizens and stateless persons, including families of refugees and forced migrants living on the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

2. This Federal Law does not apply to:

large families, the children of which are fully supported by the state;

large families of citizens of the Russian Federation who have left for permanent residence outside the territory of the Russian Federation.

Article 4. Financing of state support measures for large families

1. Expenses for the implementation of the rights and benefits provided to large families (their members) by this Federal Law are made at the expense of the federal budget and the budgets of the constituent entities of the Russian Federation. The procedure and conditions for reimbursement of these expenses are approved, respectively, by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation in the manner established by the legislation of the Russian Federation.

2. Financing of additional measures to support large families established by state authorities of the constituent entities of the Russian Federation is carried out from the budgets of the relevant constituent entities of the Russian Federation and other sources not prohibited by law.

CHAPTER II. MEASURES OF STATE SUPPORT FOR LARGE FAMILIES

Article 5. Classification of activities for the care and upbringing of children in a large family as socially useful activities

Article 6. Social support for large families

1. Large families (their members) are provided with the following rights and benefits as measures of social support:

1) a discount of no less than 30 percent of the established fee for the use of heating, water, sewerage, gas and electricity, and for large families living in houses that do not have central heating - from the cost of fuel purchased within the limits established for sale to the population in the given territory;

2) free issuance of medications purchased according to doctor’s prescriptions for children from large families under the age of 6 years;

3) free travel on intracity transport (tram, trolleybus, metro and city buses (except taxis), as well as on suburban and intradistrict buses for children from large families - students of general education institutions;

4) a 50 percent discount on travel costs once per goal on railway, air, water or intercity road transport to the place of treatment and back within the Russian Federation for children under 18 years of age from large families who need sanatorium treatment according to the conclusion of state regulations municipal health care institutions that have vouchers (courses) to sanatorium and resort organizations of the relevant profile, regardless of the form of ownership, as well as parents with many children accompanying their children to the place of treatment and back;

5) the right to admit children from large families to preschool institutions in the first place;

6) free meals (breakfasts and lunches) for children from large families - students of general education institutions, primary and general vocational education institutions at the expense of general education funds, deductions from their production activities and other extra-budgetary contributions;

7) free provision, in accordance with established standards, of a school uniform or a replacement set of children’s clothing for attending school classes, as well as sports uniforms for the entire period of education of children from large families in a general education institution at the expense of universal education funds or other extra-budgetary funds;

8) in the presence of medical indications, priority provision of children under 18 years of age from large families with places in specialized children's institutions of medical and sanatorium type, health camps and other health institutions, regardless of their departmental affiliation;

9) free use of all types of medical care for children under 18 years of age from large families in state and municipal medical and treatment institutions, as well as provision of prosthetic and orthopedic products if there are medical indications;

10) one day a month for free visits by children from large families to museums, cultural and recreation parks, as well as exhibitions;

11) one-time provision of a preferential loan or an interest-free loan to a large family for the purchase of building materials, construction or purchase of housing in accordance with the legislation of the Russian Federation;

12) priority free provision of residential premises in houses of state and municipal housing funds to large families in need of improved housing conditions;

13) priority provision of garden or vegetable plots of land to large families with a size of at least 0.15 hectares per family;

14) one-time allocation of land plots to parents with many children for the creation of peasant (farm) farms, small and other enterprises with the provision of tax benefits in accordance with the legislation of the Russian Federation;

15) priority allocation to parents with many children creating a peasant (farm) economy, long-term loans or interest-free loans for the development of the production base of these farms, the acquisition of machinery, equipment, vehicles and for other purposes related to agricultural production, in accordance with the legislation of the Russian Federation Federations;

16) employment of parents with many children, taking into account the possibility of their working under flexible forms of work (part-time, part-time work week, work from home, etc.) with the consolidation of these provisions in regional employment programs;

17) priority training and retraining of parents with many children in specialties, taking into account the needs of the regional economy.

2. The rights and benefits provided for in subparagraphs 1,2,4,11,14,15 of paragraph 1 of this article are provided to large families (their members) if the average per capita income of a large family does not exceed 2 times the subsistence level, established in a constituent entity of the Russian Federation, or if in a large family one of the parents carries out the activities of caring for and raising children.

3. The procedure for granting large families (their members) the rights and benefits established by this article is determined by the Government of the Russian Federation.

4. Subjects of the Russian Federation, depending on national and cultural traditions, the characteristics of the socio-economic and demographic development of the region, have the right to provide large families (their members) with additional rights to benefits, including taking into account the number of children in large families.

CHAPTER III. FINAL PROVISIONS

Article 7. Liability for violation of this Federal Law

Officials of federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments guilty of violating this Federal Law are held accountable in accordance with the legislation of the Russian Federation.

Article 8. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication.

Article 9. On bringing regulatory legal acts into conformity with this Federal Law

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

The Government of the Russian Federation, within two months, shall approve the procedure for providing large families with the rights and benefits provided for by this Federal Law.

President of Russian Federation

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