Last week, with the help of our St. Petersburg expert, we discussed the new Federal Law No. 340-FZ of August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”. The emphasis was placed on the fact that this next normative act of the authorities would add a “headache” to both SROs and National Associations. Then we . Both publications aroused great interest of the professional community, and most importantly, a lot of questions that continue to come to the editorial office. A group of our voluntary experts from the two capitals agreed to answer questions from readers of the site on the application of the new law. And today we start publishing the answers of our experts.

QUESTION. In what period should SROs bring their documents in line with the norms of Federal Law No. 340-FZ?

ANSWER. Federal Law No. 340-FZ of August 3, 2018 does not define a transitional period. This document came into force from the date of publication - August 4, 2018.

Given that the norms of the Federal Law actually provide for amendments to the constituent and internal documents of SROs, as well as amendments to by-laws of the Russian Federation, there are several possible options for SROs:

A) making changes in one step:

• holding a general meeting of members of the SRO and a meeting of its permanent collegial body after the entry into force of all by-laws and the preparation of draft documents of the SRO taking into account their requirements;

b) making changes in two stages:

• preparation and amendment of SRO documents taking into account the requirements of Federal Law No. 340-FZ;
• preparation and introduction of amendments to the SRO documents, taking into account the requirements of by-laws.

QUESTION. From what period does the SRO have the right to accept as its members persons who carry out only the demolition of capital construction projects under contract agreements?

ANSWER. In accordance with Part 1 of Article 55.6 of the Town Planning Code of the Russian Federation, a legal entity (including a foreign legal entity) and an individual entrepreneur may be accepted as a member of a self-regulatory organization, provided that such legal entities and individual entrepreneurs comply with the requirements established by the self-regulatory organization for its members, and pay by such persons in the full amount of contributions to the compensation fund (compensation funds) of the self-regulatory organization, unless otherwise provided by this Article d.

Federal Law No. 340-FZ requires SROs to establish requirements for their members who carry out only the demolition of capital construction projects under construction contracts, as well as the amount of the contribution to the compensation fund for ensuring contractual obligations in the form of a simple level of responsibility.

Based on the foregoing, the SRO has the right to accept as its members legal entities or individual entrepreneurs who carry out only the demolition of capital construction projects under work contracts, after the adoption and entry into force of the relevant internal documents of the SRO that impose requirements on persons carrying out only the demolition of objects under work contracts capital construction.

QUESTION. Is it a separate right to demolition of capital construction projects that an SRO can grant to its members?

ANSWER. Article 55.8 of the Town Planning Code of the Russian Federation has been amended almost throughout the text by Federal Law No. 340-FZ, starting with the change in the name of the article itself. Now Article 55.8 is referred to as follows: “The right of a member of a self-regulatory organization to carry out engineering surveys, prepare project documentation, build, reconstruct, overhaul, demolition capital construction projects.

Changes have also been made to Part 1 of Article 55.8 of the Town Planning Code of the Russian Federation:

"one. An individual entrepreneur or a legal entity has the right to carry out engineering surveys, prepare project documentation, build, reconstruct, overhaul , demolition capital construction facilities under a contract for engineering surveys, preparation of project documentation, under a construction contract, demolition contract concluded with the developer, technical customer, the person responsible for the operation of the building, structure, or a regional operator, provided that such an individual entrepreneur or such legal entity is a member of a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction , overhaul, demolition capital construction facilities, unless otherwise provided by this Code.

At the same time, part 12 of article 55.16 of the Town Planning Code of the Russian Federation is supplemented by a new paragraph, which introduces a separate contribution to the compensation fund for damages:

“6) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out only the demolition of a capital construction object, not related to construction, reconstruction of a capital construction object (a simple level of responsibility of a member of a self-regulatory organization).”

Also, in paragraph 1, the words are added: “1) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out construction, reconstruction (including the demolition of a capital construction object, its parts in the process of construction, reconstruction), overhaul of a capital construction object (hereinafter for the purposes of this part - construction), the value of which under one contract does not exceed sixty million rubles (the first level of responsibility of a member of a self-regulatory organization)”.

As can be seen from the amended paragraph 1, the demolition of a capital construction object is an integral part of the right to build and reconstruct capital construction objects, if the person also carries out the construction and / or reconstruction of capital construction objects.

Based on the above norms, for persons carrying out only the demolition of capital construction objects, the right under a contract for demolition concluded with the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, is an independent (separate) right that the SRO grants to your member.

FROM THE EDITOR. In the near future, we will continue to publish the responses of our volunteer experts. And from all readers, we are waiting for new questions on Federal Law No. 340-FZ.

Your ZanoStroy.RF

What is signed about the property on 08/03/18?

Alexey Mazurov

Four Federal Laws with numbers 339-FZ, 340-FZ, 341-FZ and 342-FZ, which introduced significant changes to all Federal Laws on real estate: the Civil, Land, Urban Planning Codes, the Federal Law “On State Registration of Real Estate” and related Federal Laws. Changes to many articles of the Federal Law, multi-page, so we will not burden the following with all sorts of numbers and letters of subparagraphs, we will indicate the essence.

1. 339-FZ and 340-FZ

Dedicated to unauthorized buildings.

Just three years ago, Article 222 of the Civil Code on unauthorized constructions (Federal Law No. 258-FZ of July 13, 2015) was almost completely changed, and Federal Law No. 339-FZ of August 3, 2018 and 340-FZ actually summarize law enforcement practice on unauthorized constructions in recent years. three years, and also give it a new direction.

At the same time, the state continues the inconsistency of its changes on unauthorized buildings, starting with the preservation of provisions on them in civil law.

Article 222 of the Civil Code on unauthorized buildings appeared long before the Town Planning Code, which, in fact, should contain provisions on the construction and demolition of any buildings, incl. unauthorized. Oddly enough, until now they were not there at all, 340-FZ introduced them into it. But 339-FZ again almost completely changed (not canceled) the provisions of civil law on unauthorized buildings.

The state, on the one hand, by various legislative changes and numerous court decisions, denies the very right of unauthorized construction, the acquisition of rights to unauthorized buildings, their use, on the other hand, it retains the provisions on them and on the conditions for their legalization in the chapter of the Civil Code on the acquisition of property rights, with abundant use of land and urban terminology in it. This inconsistency has now led to the blurring of provisions on the same thing - on unauthorized buildings - under different Federal Laws, which will make it difficult not only to apply them, but also to search.

Of the specific provisions of 339-FZ and 340-FZ, we note the following:

1. The “coordination” of construction, canceled in 2015, returned to Article 222 of the Civil Code, the absence of which is a self-sufficient sign of unauthorized construction. With whom the agreement - as before, is not specified. The legislation provides for at least two dozen coordinators for different buildings, in different places, at different stages of registration.
2. A building created in violation of the restrictions on the use of the land plot under it was declared not unauthorized, and therefore not subject to demolition, if "the owner of this object did not know and could not know about the effect of these restrictions on the land plot belonging to him." Of course, this ignorance is the subject of proof and is unlikely to be confirmed if the restrictions on development were provided for by officially published regulations, for example, land use and development rules. Obviously, this innovation means restrictions or prohibitions on construction in different zones with special use of territories (ZOUIT). Indeed, in practice there are many disputes as to whether the POIT was established around specific objects, from what date, by the appropriate authority, etc. Buildings in ZUIT now have a better chance of not being demolished.
3. The powers of local self-government bodies to demolish unauthorized buildings out of court are limited. Now they are not entitled to demolish unauthorized buildings on land plots of private owners, "except in cases where the preservation of such buildings creates a threat to the life and health of citizens"; residential and garden houses; buildings, the rights to which are registered in Rosreestr. For the demolition of such unauthorized buildings, a court decision is needed. Bodies of state land supervision, construction supervision, nature supervision and other state supervision are instructed to report to the local government at the location of the unauthorized construction about it, and to that - the behavior in connection with such a report, in particular, a ban on making changes to the land use and development rules to legalize the unauthorized construction, to accept a decision to demolish the unauthorized structure or apply to the court for the demolition of the unauthorized structure.
4. A procedure for the seizure of a land plot with unauthorized construction has been introduced. It is allowed to provide "non-private", incl. previously seized, a land plot with unauthorized construction through an auction, and the obligation to demolish it is imposed on the purchaser of such a land plot.
5. The case on the dispute on the demolition of an unauthorized building "should be considered by the arbitration court of first instance within a period not exceeding one month from the date of receipt of the application by the arbitration court, including the period for preparing the case for trial and making a decision on the case." A similar provision has been introduced in the Code of Civil Procedure. And before them, in recent years, the courts in most cases made decisions on the demolition of unauthorized buildings. Now such decisions, given the judges' workload and lack of time to study the circumstances of the cases, will make such a majority overwhelming.
6. It is fixed that the body for registering rights to real estate, if its fault is established by the court, compensates for losses caused to the owner of the building registered in the Unified State Register of Real Estate and subsequently recognized as unauthorized. This innovation seems to be especially important, since until now the so-called "legal examination of documents" carried out by the authorities for registering rights to real estate, which supposedly should confirm the legality of the creation of the building, incl. to protect it from demolition, in practice turned out to be irrelevant, since the registration of buildings in Rosreestr did not prevent decisions on their demolition as unauthorized, i.e. illegal, and attempts to recover significant losses from Rosreestr were unsuccessful in the courts.

Along with the provisions on unauthorized buildings, 340-FZ introduced fundamentally new provisions on individual residential and garden houses (hereinafter referred to as IZHS), in particular:

The new concept of IZHS. Now the height of IZHS can be up to twenty meters. It is not indicated that IZHS is intended for single-family residence, but it is established that IZHS is not intended to be divided into independent real estate objects. The area of ​​IZHS in meters is not specified.

IZHS are exempted from building permits, and hence from registration of the GPZU and the scheme for the planning organization of the land plot, which was previously required. But at the same time, IZHS has been made the subject of state construction supervision and its recognition as an unauthorized construction is not ruled out. Instead of a permit for the construction of individual housing construction, rules have been introduced for issuing notifications about the planned and built individual housing construction, but with refusal grounds.

2. 341-FZ

Introduced fundamentally new rules on public easements for the placement of linear objects on other people's land plots, incl. private owners, without their withdrawal from the current right holders, if the linear facility is needed for the needs of the local population and does not lead to the impossibility and significant difficulty of the previous permitted use of the land plot, in particular:

1. The provisions of the introduced 341-FZ chapter of the Land Code on public easements for linear facilities are in many respects similar to the provisions of the chapter of the Land Code on the seizure of land plots for public needs for linear facilities, introduced by Federal Law No. 499-FZ of December 31, 2014.
2. Canceled public hearings on public easement.
3. A public easement to a land plot is considered to be established from the date of entering information about it in the USRN on the basis of a decision of the authorized body to establish it, and not from the date of a subsequent agreement on a public easement between the owner of the land plot and the person placing a linear object on it on the terms of a public easement.
4. A public easement for a linear object on all land plots has become paid, the amount of payment and losses from such an easement to the owner of the land plot is subject to calculation.
5. A short time limit has been introduced for judicial contestation of a public easement.
6. The right holder of the land plot has the right to submit a claim for the redemption of a land plot excessively burdened with a public easement to the owner of such an easement, and not to the body that established it.

The possibility of building linear facilities on the category of agricultural land without prior transfer of the agricultural land plot to another category of land, which was canceled in July 2016, has been restored.

Also, 341-FZ established that the provision of a land plot for the placement of only a linear object of state or municipal significance - not on the terms of a public easement, but on other rights - means its assignment to the category of industrial and other special-purpose land, without making a decision on the transfer or on attributing such a land plot to a certain category of land. Provisions on this are contained in Article 11 341-FZ and apply to all categories of land, except for the category of land of settlements and places where the placement of such linear objects is not allowed.

3. 342-FZ

Dedicated mainly to ZOUIT: security, sanitary, protective and other similar zones. But there are other significant innovations in 342-FZ that concern many.

Until now, the provisions on different types of POIT have been in dozens of normative acts with a weak generalization. 342-FZ introduced these generalizations.

The main innovations of 342-FZ:

1. The types of ZOUIT are exhaustively listed, for the first time they include the minimum distances to the main gas pipelines.
2. In relation to all POUIT, a requirement has been introduced to consider them established from the date of entering their borders into the USRN, but no later than 2022, the rules for entering the boundaries of ZOUIT into the USRN and notification of the establishment of POUIT of the land owners that have fallen into them are specified in detail.
3. New rules for indemnification of property rights holders in ZOUIT due to their establishment, incl. in cases of imposing different types of ZOUIT on the land plot.

Also 342-FZ out of touch with ZOUIT:

1. Expanded the list of grounds for refusing to amend a building permit.
2. He ordered that a list of all types of permitted use of land plots established in the rules for land use and development be entered into the register of borders of the USRN.

Assessing all these federal laws as a whole, we believe that they are more in line with the interests of various bodies (officials), rather than individuals. Some bills in the interests of private individuals were rejected.

In particular, there are still wide opportunities for recognizing buildings as unauthorized, but the possibility of building some objects on some land plots is not expanding, for example, individual housing construction on agricultural land plots of peasant farms, which was allowed until 2003: the State Duma recently rejected another bill on this . The expansion of the grounds for refusing to amend the building permit is also in no way recognized in the interests of private developers.

The 2014 government bill to abolish land categories with the transition to territorial planning was rejected, although in 2018 territorial planning documents were adopted almost everywhere in the country. Maintaining the division of land into categories significantly delays and increases the cost of many activities, incl. for which the state has issued licenses, in particular, subsoil use.

The cancellation of permits for the construction of IZHS was outweighed by a “notice”, which in fact is not a notification, but an application for permission to build IZHS, since grounds have been introduced for the “authorized body” in response to such a notification to refuse to build IZHS with a message about it to the state construction supervision and state land supervision, those. to Rosreestr so that the registration of ownership of individual housing construction does not take place. They also frightened the recognition of individual housing construction as unauthorized construction in an accelerated (one month) court order.

A public easement for locating a linear facility as amended by 341-FZ means that network or other organizations that place linear facilities (pipelines, cables, overhead lines) can quickly and unexpectedly for the owner of a land plot “come” to almost any land plot, and its the owner will have to part with his plans for its use or bargain / sue the "networker". At the same time, there have so far been very few court decisions on the demolition of linear facilities as unauthorized structures.

A linear object on the terms of a public easement is inevitably followed by its security zone, i.e. ZOUIT, which will further restrict the use of its land, and the losses from ZOUIT have to be proved.

The Ministry of Construction published on the regulatory acts portal a draft order on the approval of the notification forms provided for by the new norms of the Town Planning Code (introduced by the Law "On Amendments" dated August 03, 2018 No. 340-FZ (hereinafter - Federal Law No. 340), which entered into force on August 03 2018) for individual housing construction (IZHS) instead of building and commissioning permits.

A total of 7 forms of notifications are being introduced:

• About the planned construction or reconstruction of an individual housing construction or garden house.
• On the compliance of the parameters of the IZHS object or the garden house with the established parameters and the admissibility of its placement on the land plot.
• About the non-compliance of the parameters of the IZHS object or the garden house with the established parameters and (or) the inadmissibility of placing the IZHS object or the garden house.
• On changing the parameters of the planned construction or reconstruction of the OIZhS or garden house.
• On the completion of construction or reconstruction of an individual housing construction or garden house.
• On the compliance of the constructed or reconstructed IZHS facility or garden house with the requirements of the legislation on urban planning.

On the non-compliance of the constructed or reconstructed IZHS facility or garden house with the requirements of the legislation on urban planning.
The exchange of documents from the above list will replace the procedure for coordinating the construction and commissioning of the constructed house.
It should be noted that in the notices of the planned construction and the completion of construction there are mandatory wording that the house "is not intended to be divided into independent real estate objects." The basis for issuing a notice of non-compliance may be non-compliance with the parameters of the individual housing construction, which are introduced in the Civil Code of the Russian Federation by Federal Law No. 340.

Article 51.1. Notification of the planned construction or reconstruction of an object of individual housing construction or a garden house

1. For the purpose of construction or reconstruction of an individual housing construction facility or a garden house, the developer shall submit on paper by means of a personal appeal to the federal executive body authorized to issue construction permits, the executive body of a constituent entity of the Russian Federation or the local government, including through the multifunctional center, or sends to the specified authorities by mail with a return receipt or a single portal of state and municipal services a notice of the planned construction or reconstruction of an individual housing construction or garden house (hereinafter also referred to as a notice of planned construction), containing the following information:

1) last name, first name, patronymic (if any), place of residence of the developer, details of an identity document (for an individual);

2) the name and location of the developer (for a legal entity), as well as the state registration number of the entry on the state registration of the legal entity in the unified state register of legal entities and the taxpayer identification number, except if the applicant is a foreign legal entity;

3) cadastral number of the land plot (if any), address or description of the location of the land plot;

4) information about the developer's right to the land plot, as well as information about the rights of other persons to the land plot (if such persons exist);

5) information on the type of permitted use of the land plot and capital construction object (individual housing construction object or garden house);

6) information about the planned parameters of an individual housing construction object or a garden house, for the construction or reconstruction of which a notice of planned construction was submitted, including indents from the boundaries of the land plot;

7) information that an individual housing construction object or a garden house is not intended for division into independent real estate objects;

8) postal address and (or) e-mail address for communication with the developer;

9) the manner in which the notifications provided for in paragraph 2 of paragraph 7 and paragraph 3 of paragraph 8 of this section are sent to the developer.

2. The form of notification of planned construction is approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

3. The notice of planned construction shall be accompanied by:

1) title documents for a land plot if the rights to it are not registered in the Unified State Register of Real Estate;

2) a document confirming the authority of the representative of the developer, if the notification of the planned construction is sent by the representative of the developer;

3) a certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the developer is a foreign legal entity;

4) a description of the external appearance of an individual housing construction object or a garden house if the construction or reconstruction of an individual housing construction object or a garden house is planned within the boundaries of the territory of a historical settlement of federal or regional significance, except for the case provided for by part 5 of this article. The description of the external appearance of an object of individual housing construction or a garden house includes a description in text form and a graphic description. A description of the external appearance of an individual housing construction object or a garden house in text form includes an indication of the parameters of an individual housing construction object or a garden house, the color scheme of their external appearance, building materials planned for use that determine the external appearance of an individual housing construction object or a garden house, as well as a description of other characteristics of an object of individual housing construction or a garden house, the requirements for which are established by the urban planning regulations as requirements for architectural solutions for a capital construction object. The graphic description is an image of the external appearance of the individual housing construction object or garden house, including the facades and configuration of the individual housing construction object or garden house.

4. Documents (their copies or information contained in them) specified in paragraph 1 of part 3 of this article are requested by the bodies specified in paragraph one of part 1 of this article, in state bodies, local governments and subordinate to state bodies or local governments organizations that have these documents at their disposal, no later than three working days from the date of receipt of the notification of the planned construction, if the developer has not submitted these documents on his own. At interdepartmental requests of the bodies specified in paragraph one of part 1 of this article, the documents (their copies or information contained in them) specified in paragraph 1 of part 3 of this article are provided by state bodies, local governments and subordinate state bodies or local governments organizations that have these documents at their disposal, no later than three working days from the date of receipt of the relevant interdepartmental request.

5. The developer has the right to carry out the construction or reconstruction of an object of individual housing construction or a garden house within the boundaries of the territory of a historical settlement of federal or regional significance in accordance with the standard architectural design of a capital construction object, approved in accordance with Federal Law of June 25, 2002 N 73-FZ " On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation” for this historical settlement. In this case, the notice of the planned construction indicates such a typical architectural solution. Attachment of a description of the external appearance of an object of individual housing construction or a garden house to the notice of the planned construction is not required.

6. If the notification on the planned construction lacks the information provided for in Part 1 of this Article or the documents provided for in Clauses 2-4 of Part 3 of this Article, the federal executive body, the executive body of the subject of the Russian Federation or the body local government, within three working days from the date of receipt of the notice of the planned construction, returns this notice and the documents attached to it to the developer without consideration, indicating the reasons for the return. In this case, the notification of the planned construction is considered not sent.

7. The federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorized to issue building permits, within seven working days from the date of receipt of a notification of the planned construction, except for the case provided for by Part 8 of this article:

1) checks the compliance of the parameters of an individual housing construction object or a garden house specified in the notice of planned construction with the maximum parameters of permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, and mandatory requirements for the parameters of capital construction objects established this Code, other federal laws and effective as of the date of receipt of the notification of the planned construction, as well as the admissibility of placing an object of individual housing construction or a garden house in accordance with the permitted use of the land plot and the restrictions established in accordance with the land and other legislation of the Russian Federation;

2) sends the developer, in the manner specified by him in the notice of planned construction, a notice of the compliance of the parameters of the individual housing construction object or garden house specified in the notice of planned construction with the established parameters and the admissibility of placing the individual housing construction object or garden house on the land plot or of non-compliance of the specified in the notice of the planned construction of the parameters of the individual housing construction object or garden house to the established parameters and (or) the inadmissibility of placing the individual housing construction object or garden house on the land plot. Notification forms on the compliance of the parameters of an individual housing construction object or garden house specified in the notice of planned construction with the established parameters and the admissibility of placing an individual housing construction object or garden house on a land plot, notification of non-compliance of the parameters of an individual housing construction object or garden house specified in the notice of planned construction houses with the established parameters and (or) the inadmissibility of placing an object of individual housing construction or a garden house on a land plot are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

8. If the construction or reconstruction of an object of individual housing construction or a garden house is planned within the boundaries of the territory of a historical settlement of federal or regional significance and the notification of the planned construction does not contain an indication of a typical architectural solution, in accordance with which the construction or reconstruction of such an object of individual housing construction is planned or a garden house authorized to issue construction permits by a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body:

1) within a period of no more than three working days from the date of receipt of this notification, in the absence of grounds for its return, provided for in paragraph 6 of this article, sends, including using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, the specified notification and the description of the external appearance of the object of individual housing construction or a garden house attached to it to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects;

2) checks the compliance of the parameters of an individual housing construction object or a garden house specified in this notice with the maximum parameters of permitted construction, reconstruction of capital construction objects, established rules for land use and development, territory planning documentation, and mandatory requirements for the parameters of capital construction objects established by this Code , other federal laws and in force on the date of receipt of this notification, as well as the admissibility of placing an object of individual housing construction or a garden house in accordance with the permitted use of the land plot and the restrictions established in accordance with the land and other legislation of the Russian Federation and in force on the date of receipt of this notification ;

3) no later than twenty working days from the date of receipt of this notification, sends the developer, in the manner specified by him in this notification, the notification provided for in clause 2 of part 7 of this article on the compliance of the parameters of the individual housing construction object or garden house specified in the notification on the planned construction with the established parameters and the admissibility of placing an object of individual housing construction or a garden house on a land plot or about the non-compliance of the parameters of an object of individual housing construction or a garden house specified in the notice of planned construction with the established parameters and (or) the inadmissibility of placing an object of individual housing construction or a garden house on a land plot.

9. The executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, within ten working days from the date of receipt from the federal executive authority, the executive authority of the constituent entity of the Russian Federation or the local self-government authority of the planned construction and the description of the external appearance of an object of individual housing construction or a garden house provided for in clause 4 of part 3 of this article, considers the specified description of the external appearance of an object of individual housing construction or a garden house and sends, including using a unified system of interdepartmental electronic interaction and regional systems connected to it interdepartmental electronic interaction, notification of compliance or non-compliance of the specified description of the external appearance of an object of individual housing construction or garden about the house, the subject of protection of a historical settlement and the requirements for architectural solutions for capital construction objects established by the urban planning regulations in relation to the territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance. In the event that a notice is not sent within the specified period of time about the discrepancy between the specified description of the external appearance of an individual housing construction object or a garden house with the specified object of protection of a historical settlement and the requirements for architectural solutions for capital construction objects, the specified description of the external appearance of an individual housing construction object or a garden house is considered to correspond to such an object of protection of a historical settlements and requirements for architectural solutions for capital construction projects.

10. Notification of the non-compliance of the parameters of the individual housing construction object or garden house specified in the notice of planned construction with the established parameters and (or) the inadmissibility of placing the individual housing construction object or garden house on the land plot shall be sent to the developer only if:

1) the parameters of an individual housing construction object or a garden house specified in the notice of planned construction do not correspond to the limiting parameters of permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, or mandatory requirements for the parameters of capital construction objects established by this the Code, other federal laws and effective on the date of receipt of the notification of the planned construction;

2) the placement of the individual housing construction facility or garden house indicated in the notice of the planned construction is not allowed in accordance with the types of permitted use of the land plot and (or) restrictions established in accordance with the land and other legislation of the Russian Federation and in force on the date of receipt of the notice of the planned construction;

3) a notice of the planned construction has been filed or sent by a person who is not a developer due to his lack of rights to a land plot;

4) within the period specified in part 9 of this article, a notification was received from the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects about the discrepancy between the description of the external appearance of an object of individual housing construction or a garden house with the subject of protection of a historical settlement and the requirements for architectural decisions of capital construction objects established by town planning regulations in relation to the territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance.

11. The notice of non-compliance of the parameters of the individual housing construction object or garden house specified in the notice of planned construction with the established parameters and (or) the inadmissibility of placing the individual housing construction object or garden house on the land plot must contain all the grounds for sending such a notification to the developer, indicating the limiting parameters permitted construction, reconstruction of capital construction objects, which are established by the rules for land use and development, territory planning documentation, or mandatory requirements for the parameters of capital construction objects, which are established by this Code, other federal laws, are valid on the date of receipt of the notification of the planned construction and which do not comply with parameters of an individual housing construction object or a garden house specified in the notice of the planned construction, as well as in case of unacceptable the value of placing an individual housing construction object or a garden house on a land plot - the established type of permitted use of the land plot, types of restrictions on the use of the land plot, in connection with which the construction or reconstruction of an individual housing construction object or garden house is not allowed, or information that the person , who submitted or sent a notice of the planned construction, is not a developer due to his lack of rights to a land plot. If such a notice is sent to the developer on the grounds provided for in paragraph 4 of part 10 of this article, a mandatory annex to it is a notice of a discrepancy between the description of the external appearance of an object of individual housing construction or a garden house with the subject of protection of a historical settlement and the requirements for architectural solutions for capital construction objects established by the town planning regulations in relation to the territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance.

12. The federal executive body authorized to issue building permits, the executive body of a constituent entity of the Russian Federation or the local self-government body, within the time limits specified in part 7 or clause 3 of part 8 of this article, also sends, including using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, notification of non-compliance of the parameters of an individual housing construction object or a garden house specified in the notice of planned construction with the established parameters and (or) the inadmissibility of placing an individual housing construction object or a garden house on a land plot:

1) to the executive authority of the constituent entity of the Russian Federation authorized to exercise state construction supervision, in the event that the said notification is sent on the grounds provided for in clause 1 of part 10 of this article;

2) to the federal executive body authorized to exercise state land supervision, the local self-government body exercising municipal land control, if the said notification is sent on the grounds provided for in clause 2 or 3 of part 10 of this article;

3) to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, in the event that the said notification is sent on the grounds provided for in clause 4 of part 10 of this article.

13. Receipt by the developer of a notification of the compliance of the parameters of an individual housing construction object or a garden house specified in the notice of planned construction with the established parameters and the admissibility of placing an individual housing construction object or a garden house on a land plot from the federal executive body, executive body authorized to issue building permits authorities of the constituent entity of the Russian Federation or a local government body, or failure by these bodies to send, within the time period provided for in part 7 or paragraph 3 of part 8 of this article, a notice of non-compliance of the parameters of an individual housing construction object or garden house specified in the notice of planned construction with the established parameters and (or) inadmissibility placement of an individual housing construction object or a garden house on a land plot is considered to be approved by the indicated construction or reconstruction authorities share of an individual housing construction object or garden house and entitles the developer to build or reconstruct an individual housing construction object or garden house in accordance with the parameters specified in the notice of planned construction within ten years from the date the developer sends such a notice of planned construction in accordance with with part 1 of this article. This right is retained upon transfer of rights to a land plot and an individual housing construction object or a garden house, except for the cases provided for in paragraphs 1-3 of part 21.1 of Article 51 of this Code. At the same time, sending a new notice of the planned construction is not required.

14. In the event of a change in the parameters of the planned construction or reconstruction of an object of individual housing construction or a garden house, the developer shall submit or send by the methods specified in Part 1 of this Article, a notice of this to the federal executive body authorized to issue construction permits, the executive body of the constituent entity of the Russian Federation Federation or local government indicating the parameters to be changed. Consideration of the specified notification is carried out in accordance with parts 4 - 13 of this article. The form of this notification is approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

15. If the developer receives a notification that the parameters of an individual housing construction object or a garden house specified in the notice of planned construction comply with the established parameters and the admissibility of placing an individual housing construction object or a garden house on a land plot from the federal executive body authorized to issue construction permits, of the executive authority of the constituent entity of the Russian Federation or the local self-government body, or the said authorities fail to send, within the time period provided for in part 7 or paragraph 3 of part 8 of this article, a notice of non-compliance of the parameters of an individual housing construction object or garden house specified in the notice of planned construction with the established parameters and (or ) the inadmissibility of placing an object of individual housing construction or a garden house on a land plot, losses caused to the developer by demolition or bringing into conformity compliance with the established requirements of an individual housing construction object or a garden house built or reconstructed in accordance with the parameters specified in the notice of planned construction, in connection with the recognition of such an individual housing construction object or a garden house as an unauthorized construction due to a discrepancy between their parameters and the maximum parameters of permitted construction, reconstruction of capital construction objects, established by the rules of land use and development, territory planning documentation, or mandatory requirements for the parameters of capital construction objects established by this Code, other federal laws, or due to the inadmissibility of placing such an object of individual housing construction or a garden house in accordance with the restrictions, established in accordance with the land and other legislation of the Russian Federation and in force on the date of receipt of the notification on the planned construction, are subject to compensation in full at the expense of the treasury of the Russian Federation, the treasury of the constituent entity of the Russian Federation, the treasury of the municipality, respectively, provided that the court establishes the fault of the official of the state authority or local government that sent the developer a notice of compliance with the specified in the notice on the planned construction of the parameters of an individual housing construction object or a garden house with the established parameters and the admissibility of placing an individual housing construction object or a garden house on a land plot or who has not fulfilled his obligation to send, within the time period provided for in part 7 or paragraph 3 of part 8 of this article, a notice of non-compliance with the specified in the notice of the planned construction of the parameters of an individual housing construction object or a garden house to the established parameters and (or) the inadmissibility of placing an individual housing object private construction or garden house on the land. »;

13) in clause 5 of part 2.2 of article 52, the words “individuals engaged in the construction, reconstruction, overhaul of an individual residential building, as well as” shall be deleted;

14) in Article 53:

a) Part 1 after the words “project documentation” shall be supplemented with the words “(including decisions and measures aimed at ensuring compliance with energy efficiency requirements and requirements for equipping a capital construction facility with metering devices for used energy resources)”;

b) add part 7.1 with the following content:

“7.1. After completion of construction, reconstruction of the capital construction object, an act is signed confirming the compliance of the parameters of the accordingly constructed, reconstructed capital construction object with the requirements of project documentation (including decisions and measures aimed at ensuring compliance with energy efficiency requirements and the requirements for equipping the capital construction object with metering devices for used energy resources ), a person carrying out construction (a person carrying out construction and a developer or technical customer in the case of construction, reconstruction on the basis of a building contract, as well as a person exercising construction control in the case of construction control on the basis of a contract), except for cases implementation of construction, reconstruction of objects of individual housing construction, garden houses.

c) in Part 8, the words “may be established by regulatory legal acts” shall be replaced by the words “established by the Government”;

15) in Article 54:

a) add part 1.1 of the following content:

“1.1. During the construction, reconstruction of capital construction facilities not specified in Part 1 of this Article, as well as in relation to such capital construction facilities, construction works, the reconstruction of which has been completed (except for the case when, upon completion of the specified works, a permit was obtained to put the facility into operation) , state construction supervision is carried out in the form of an on-site inspection only if there are grounds provided for in subparagraph "b" of paragraph 2, subparagraph "b" or "c" of paragraph 3 of part 5 of this article, or on the basis of applications and applications from citizens, including individual entrepreneurs , legal entities, information from public authorities (officials of the state supervision body), local governments, from the media about violations during construction, reconstruction of capital construction facilities not specified in part 1 of this article, established by the rules of land use and development, dock documentation on the planning of the territory of the limiting parameters of permitted construction, reconstruction of capital construction objects or mandatory requirements for the parameters of capital construction objects established by this Code and other federal laws. With regard to the capital construction facilities specified in this part, state construction supervision is carried out taking into account the specifics established by parts 6.1 and 6.2 of this article.”; c) in paragraph one of clause 3 of part 5 the words "in clause 1" shall be replaced by the words "in clause 2";

d) add parts 6.1 - 6.3 of the following content:

repealed/lost Edition from 27.11.2001

LAW RF No. 340-I of November 20, 1990 (as amended on November 27, 2001) "ON STATE PENSIONS IN THE RUSSIAN FEDERATION"

This Law establishes a unified system of republican state pensions in the Russian Federation, ensures the stability of the achieved level of pension provision and its increase as the well-being of workers grows. Labor and its results are recognized as the main criterion for differentiating the conditions and norms of pension provision.

The grounds for pension provision are: reaching the appropriate retirement age, the onset of disability, and for disabled family members of the breadwinner - his death; the basis for providing pensions to certain categories of workers is the long-term performance of certain professional activities.

This Law establishes labor and social pensions.

In connection with labor and other socially useful activities counted in the total length of service (Articles 89, 90, 91, 92 of the Law), the following pensions are assigned:

by old age (by age) - section II of the Law,

on disability - Section III of the Law,

on the occasion of the loss of a breadwinner - section IV of the Law,

for length of service - Section V of the Law.

Citizens who for some reason do not have the right to a pension in connection with labor and other socially useful activities are provided with a social pension (section VIII of the Law). Such a pension may be assigned in appropriate cases instead of a labor pension (at the request of the applicant).

Citizens of other union republics living in the Russian Federation, foreign citizens and stateless persons are entitled to receive a pension on the same basis as citizens of the Russian Federation, unless otherwise provided by the Law or the agreement.

Citizens who are simultaneously entitled to various state pensions are assigned and paid one of them, at their choice.

The right to receive two pensions is granted:

a) citizens who became disabled due to military trauma (Article 41 of the Law), participants in the Great Patriotic War (subparagraphs "a" - "g" and "i" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans"), who became disabled due to general illness, work injury and other causes (with the exception of persons whose disability has occurred as a result of their illegal actions). They may be entitled to old-age (or seniority) pensions and disability pensions;

B) widows of servicemen who died in the war with Finland, the Great Patriotic War, the war with Japan, who did not remarry. They may be entitled to an old-age pension (disability pension, seniority pension, social pension) and a survivor's pension for a dead husband;

c) parents of conscripted servicemen who died (deceased) during the period of military service or died as a result of a military injury after being discharged from military service (except for cases when the death of servicemen occurred as a result of their unlawful actions).

They may be entitled to an old-age pension (disability pension, seniority pension, social pension) and a survivor's pension (Article 58.1 of the Law). At the same time, a survivor's pension is established for each of the parents of the deceased (deceased) serviceman.

Citizens can apply for a pension at any time after the right to it arises, without limitation by any period and regardless of the nature of their occupation at the time of application.

In connection with the growth of wages in the country, pensions are subject to calculation and increase by applying the individual coefficient of the pensioner, subject to the following conditions:

a) the individual coefficient of a pensioner is determined by multiplying the amount of the pension in percent, depending on the length of service, by the ratio of the average monthly earnings for the established period from which the pension is calculated, to the average monthly wage in the country for the same period.

The ratio of the average monthly earnings of a pensioner to the average monthly salary in the country is established by dividing the average monthly earnings of a pensioner for the corresponding period by the average monthly salary in the country for the same period.

When determining the individual coefficient of a pensioner, the ratio of the average monthly earnings of a pensioner to the average monthly salary in the country is taken into account in the amount of not more than 1.2, regardless of the basis for assigning a pension, except for cases when the individual coefficient of a pensioner is determined for persons living in the Far North or in areas equated to districts Far North;

When determining the individual coefficient of a pensioner for persons living in regions of the Far North or in areas equivalent to regions of the Far North, in which regional coefficients to wages are established by decisions of state authorities of the USSR or federal state authorities, the ratio of the pensioner's average monthly earnings to the average monthly wages in country is taken into account in the following amounts:

not more than 1.4 - for persons living in the indicated districts and localities in which a regional coefficient of up to 1.5 is established for the wages of employees;

not more than 1.7 - for persons residing in the indicated districts and localities in which a district coefficient of 1.5 to 1.8 is established for the wages of employees;

not more than 1.9 - for persons residing in the indicated districts and localities in which a district coefficient of 1.8 and higher is established for the wages of employees.

At the same time, if different regional coefficients to wages are established, when determining the individual coefficient of a pensioner, the coefficient to wages in force in a given region or locality for workers and employees of non-productive industries is taken into account.

For persons whose pension is assigned in accordance with part one of Article 14 of the Law, when leaving the regions of the Far North and areas equivalent to regions of the Far North, the amount of the pension calculated using the appropriate ratio of the average monthly earnings of a pensioner to the average monthly salary is retained for a new permanent place of residence in the country specified in the fourth paragraph of this paragraph.

Pensioners, with the exception of the persons specified in paragraph nine of this paragraph, when leaving the regions of the Far North and areas equivalent to regions of the Far North, for a new permanent place of residence, the calculation of pensions is made using the individual coefficient of the pensioner, determined taking into account the ratio of the pensioner's average monthly earnings to average monthly salary in the country, not exceeding 1.2;

b) when determining the individual coefficient of a pensioner in accordance with this article, the calendar periods of work, military and equivalent service provided for in Articles 89, 90 and paragraph "g" of Article 92 of the Law, as well as periods included in the length of service on the basis of paragraphs " a" and "e" of Article 92 of the Law. In this case, the second part of Article 16 of the Law does not apply.

The amount of a disability pension due to a general illness with a full length of service (Part two of Article 29 of the Law) cannot exceed the amount of an old-age pension awarded for a full length of service (Article 10 of the Law) of equal or greater duration;

c) an increase in the assigned pensions in connection with the growth of wages in the country is carried out four times a year - from February 1, May 1, August 1 and November 1.

To increase the pension, the pensioner's individual coefficient is applied to the average monthly salary in the country for the period from January 1 to March 31. if the increase is made from May 1; from April 1 to June 30, if the increase is made from August 1; from July 1 to September 30, if the increase is made from November 1; from October 1 to December 31 of the previous year, if the increase is made from February 1 of the following year.

In the same manner, the amount of a newly assigned or recalculated pension is determined on the grounds established by the Law;

d) the amount of the pension calculated in accordance with this article, in all cases, cannot be less than the corresponding minimum amount of the pension established by the Law;

e) the amount of the pension calculated in accordance with this article is not subject to limitation by the maximum amount established by the Law;

f) the minimum old-age pension (Article 17 of the Law) and, accordingly, the minimum amounts of other types of pensions are increased within the time limits provided for in paragraph "c" of this article, while the new minimum pension is determined by multiplying the current minimum pension by the growth index of the average monthly wage in the country for the respective quarter. However, in all cases, the minimum old-age pension cannot be lower than the amount provided for in Article 17 of the Law;

g) No longer valid.

h) for a pensioner performing paid work, the calculation and increase of the pension in accordance with this article is made from the 1st day of the month following the one in which the pensioner stopped performing the specified work.

The average monthly salary in the country for the periods specified in paragraph "c" of this article is approved by the Government of the Russian Federation on the proposal of the State Committee of the Russian Federation on Statistics no later than January 15, April 15, July 15 and October 15 of the corresponding year.

In cases where the amount of the pension calculated in accordance with this article does not reach the amount provided for by other norms of the Law, the pensioner has the right to choose to calculate the pension without applying an individual coefficient.

An increase in pensions calculated in accordance with the norms of the Law without applying an individual coefficient is carried out within the time limits provided for in paragraph "c" of this article, by indexing in accordance with the growth of the average monthly wage in the country.

Financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund of the Russian Federation at the expense of insurance contributions from employers, citizens and appropriations from the federal budget. When making amendments and additions to this Law requiring an increase in the cost of paying pensions, the corresponding federal law determines the source of financial support for additional expenses.

The payment of pensions provided for by this Law for military personnel and citizens equivalent to them in terms of pension provision, their families, as well as social pensions, is carried out at the expense of funds allocated to the Pension Fund of the Russian Federation from the federal budget.

The pension paid in accordance with this Law is not subject to taxation.

II. OLD-AGE PENSIONS

Pension on a general basis is established:

men - upon reaching 60 years of age and with a total work experience of at least 25 years;

women - upon reaching the age of 55 and with a total work experience of at least 20 years.

Pension on preferential terms is established for the following categories of citizens:

a) women who have given birth to five or more children and raised them up to eight years old, as well as mothers of disabled children who have raised them up to this age - upon reaching 50 years of age and with a total work experience of at least 15 years;

b) disabled veterans of the Patriotic War and other disabled persons equated to them in terms of pension provision (Article 41 of the Law): for men - upon reaching 55 years of age and for women - upon reaching 50 years of age and with the total length of service specified in Article 10 of the Law;

c) visually impaired people of group I: men - upon reaching 50 years of age and with a total work experience of at least 15 years, and women - upon reaching 40 years of age and with a total work experience of at least 10 years;

d) citizens suffering from pituitary dwarfism (Lilliputians) and disproportionate dwarfs: men - upon reaching 45 years of age and with a total work experience of at least 20 years, women - upon reaching 40 years of age and with a total work experience of at least 15 years.

Pension in connection with special working conditions is established:

a) for men - upon reaching 50 years of age and women - upon reaching 45 years of age, if they have respectively worked for at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and their total length of service is not less than 20 and 15 years old.

Citizens who have at least half of the length of service in underground work, in work with harmful working conditions and in hot shops, a pension is assigned with a decrease in the age provided for in Article 10 of the Law by one year for each full year of such work for men and women;

b) men - upon reaching the age of 55 and women - upon reaching the age of 50, if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have a total length of service specified in Article 10 of the Law.

Citizens who have at least half of the length of service in jobs with difficult working conditions are assigned a pension with a decrease in the age provided for in Article 10 of the Law by one year for every two years and six months of such work for men and for every two years of such work for women;

c) women - upon reaching 50 years of age, if they have worked as tractor drivers - machinists in agriculture, other sectors of the national economy, as well as drivers of construction, road and loading and unloading machines for at least 15 years and have a total length of service specified in article 10 of the Law;

d) women - upon reaching the age of 50, if they have worked for at least 20 years in the textile industry in jobs with increased intensity and severity;

e) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they have worked for at least 12 years, 6 months and 10 years, respectively, as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and the subway (according to the list of professions and positions), as well as truck drivers directly in the technological process in mines, mines, cuts and ore quarries for the removal of coal, shale, ore, rocks and have a total length of service specified in Article 10 of the Law;

f) men - upon reaching the age of 55, women - upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments, at sites and in brigades directly on field geological exploration, prospecting, topographic geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have a general length of service specified in Article 10 of the Law.

At the same time, the period of work directly in the field from six months to a year is taken into account for a year of work, less than six months - according to its actual duration, and for seasonal work - in accordance with Article 94 of this Law;

g) men - upon reaching the age of 55, women - upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years as workers, foremen (including senior ones) directly at logging and timber rafting, including maintenance of mechanisms and equipment (according to the list of professions, positions and industries), and have a total length of service specified in Article 10 of the Law;

h) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they have worked for at least 20 and 15 years, respectively, as machine operators (dockers - machine operators) of integrated teams in loading and unloading operations in ports and have a total length of service specified in Article 10 of the Law;

i) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years as seafarers on ships of the sea, river fleet and the fleet of the fishing industry (except for port ships permanently operating in the water area port, service and auxiliary, traveling, suburban and intracity traffic) and have a total length of service specified in Article 10 of the Law;

j) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes for at least 20 and 15 years, respectively, and have a total length of service specified in Article 10 of the Law ;

k) men and women - upon reaching the age of 40, if they have constantly worked as rescuers in professional emergency rescue services, professional emergency rescue teams (according to the list of positions and specialties approved by the Government of the Russian Federation) for at least 15 years and participated in emergency response ;

l) for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they were employed at work with convicts as workers and employees of institutions executing criminal sentences in the form of deprivation of liberty (according to the list of jobs and professions approved by the Government of the Russian Federation) , respectively, not less than 15 and 10 years and have a total length of service specified in Article 10 of the Law;

o) men and women - upon reaching 50 years of age, if they have worked for at least 25 years in the positions of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation (fire department of the Ministry of Internal Affairs, fire and emergency services of the Ministry of Internal Affairs), provided for by the list of operational positions State Fire Service of the Ministry of Internal Affairs of the Russian Federation, approved by the Minister of Internal Affairs of the Russian Federation.

Lists of relevant jobs (professions and positions), taking into account the performance of which the pension is established at a reduced retirement age, are approved in the manner determined by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.

Labor activity with special working conditions is summarized in the following order: to the work listed in paragraphs "b" - "k", the work indicated in paragraph "a" is added to the work listed in paragraph "b" - the work indicated in paragraphs " e", "f", "g" and "i" to the work listed in paragraph "c", - the work indicated in all paragraphs, except for paragraph "d" to the work listed in paragraph "d", - the work indicated at all points; to the work listed in paragraph "e", - the work specified in paragraphs "b", "f", "g" and "i" to the work listed in paragraph "f", - the work indicated in paragraphs "b", "e", "g" and "i" to the work listed in paragraph "g", - the work specified in paragraphs "b", "e", "f" and "i" to the work listed in paragraph "h" ", - the work specified in paragraphs "b", "c", "e", "f", "g", "i" and "j" to the work listed in paragraph "i", - the work specified in paragraphs "b", "e", "f", "g" to the work listed in paragraph "j", - the work specified in paragraphs "b", "c", "e", "f", "g" , "z" and "i".

A pension in connection with work in the Far North is established: for men - upon reaching 55 years of age and for women - upon reaching 50 years of age, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to regions of the Far North , and have a total work experience of at least 25 and 20 years, respectively.

Citizens who worked both in the regions of the Far North, and in areas equated to regions of the Far North, a pension is established for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equivalent to the regions of the Far North is considered nine months of work in the regions of the Far North.

Citizens who have worked in the regions of the Far North for at least 7 years and 6 months are granted a pension with a decrease in the age provided for in Article 10 of the Law by four months for each full calendar year of work in these regions. When working in localities equated to regions of the Far North, as well as in these localities and regions of the Far North, the rule established by part two of this article is applied.

The labor activity specified in Article 12 of the Law is equated to work in the Far North.

The list of regions of the Far North and areas equivalent to regions of the Far North is approved by the Government of the Russian Federation.

Citizens who have reached the retirement age specified in Article 10 of the Law and do not have a full general length of service for the purpose of assigning a pension provided for by the same article, a pension is established for incomplete work experience if it is not less than five years.

The pension is set at 55 percent of earnings (Section VII of the Law) and, in addition, one percent of earnings for each full year of total work experience in excess of the pension requirement (Articles 10, 11 and 12 of the Law).

When assigning a pension in accordance with Articles 12 and 14 of the Law, an increase in its size by one percent of earnings is also made for each full year of special work experience in excess of that necessary for establishing a pension.

The amount of the pension calculated in the manner indicated above cannot exceed 75 per cent of earnings.

The minimum amount of pension for a total length of service equal to that required for the appointment of a full pension is set not lower than the amount established by federal law.

The maximum amount of pension for a total length of service equal to that required for the appointment of a full pension is set at the level of three minimum pensions (Part one of Article 17 of the Law), and a pension granted in connection with underground work, work with harmful working conditions and in hot shops ( paragraph "a" of Article 12 of the Law) - three and a half sizes.

The amount of the pension (Part 1 of this article) is increased by one percent for each full year of the total length of service in excess of that required for granting a pension, but by no more than 20 percent.

The amount of the pension for incomplete total work experience is determined in proportion to the length of service, based on the full pension established for the length of service for men of 25 years and women of 20 years (Article 10 of the Law).

The calculation of the pension in proportion to the length of service is carried out as follows: the corresponding full pension is determined; this pension is divided by the number of months of service required; the amount received is multiplied by the number of months of actual experience (in this experience, a period of more than 15 days is rounded up to a full month, and a period of up to 15 days inclusive is not taken into account).

The amount of the pension for incomplete total work experience cannot be lower than the social pension (paragraph "b" of Article 114 of the Law).

The pension is assigned for life.

The following supplements are added to the pension:

a) to care for a pensioner, if he is a disabled person of group I or needs constant outside care (assistance, supervision) at the conclusion of a medical institution or has reached the age of 80 years;

b) disabled dependents (Articles 50 - 53 of the Law), if they themselves do not receive any pension. The disability dependency allowance is paid to non-working pensioners;

C) participants of the Great Patriotic War (subparagraphs "a" - "g" and "i" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans") who do not receive a disability pension simultaneously with an old-age pension.

The amount of the allowance for caring for a pensioner, if he is a disabled person of group I or has reached the age of 80, is equal to the amount of the social pension specified in paragraph "a" of Article 114 of the Law.

The amount of the allowance for caring for a pensioner, if he has not reached the age of 80 and needs constant outside care (assistance, supervision) at the conclusion of a medical institution, as well as the allowance for each disabled dependent of the pensioner, is equal to the amount of the social pension specified in paragraph "b" of the article 114 of the Law, and for a disabled dependent - a disabled person of group III - indicated in paragraph "c" of this article.

The allowance for the participants of the Great Patriotic War, specified in paragraph "c" of part one of this article, is established in the following amounts:

a) those who have reached the age of 80 or are disabled of groups I and II - two minimum old-age pensions (Part one of Article 17 of the Law);

b) the rest of the participants in the Great Patriotic War - one minimum old-age pension (part one of Article 17 of the Law).

For work after the appointment of a pension, an allowance is established in the amount of 10 percent of the pension for each year worked (12 full months of work), but not more than for three years of work. Such an allowance is established for work after the entry into force of the Law to those citizens who, while continuing to work, had the right to a pension, but did not receive it. With this allowance, the total amount of the pension is not limited.

The pension established ahead of schedule for the unemployed is not paid to working pensioners. After such citizens reach the retirement age, at which they acquire the right to a pension on a general, preferential basis or in connection with special working conditions, the payment of a pension to them is carried out in accordance with the first part of this article.

III. DISABILITY PENSION

Disability is a violation of a person's health with a persistent disorder of body functions, leading to a complete or significant loss of professional ability to work or significant difficulties in life. Depending on their degree, three groups of disability are distinguished.

Citizens who have completely lost the ability to perform regular professional work under normal conditions are assigned a disability of group I if they need constant outside care (assistance, supervision), and group II if they do not need such care.

Citizens who have lost the ability to perform regular professional work in part are assigned the third group of disability.

Disability, its group, cause, and, if necessary, the time of onset, are determined by medical and labor expert commissions (VTEK), acting on the basis of a provision approved in the manner determined by the Government of the Russian Federation.

Disability of group I is established for two years, II and III groups - for one year. The re-examination period is not set: for men over 60 years old and women over 55 years old, disabled people with irreversible anatomical defects, other disabled people - according to the list of diseases approved in the manner determined by the Government of the Russian Federation.

A pension on a general basis is established upon the onset of disability due to the reasons specified in Articles 39, 40, 43 of the Law.

A pension on the grounds provided for military personnel (including partisans of the Great Patriotic and Civil Wars, as well as youngsters, sons (pupils) of regiments) is assigned upon the onset of disability due to a military injury (Article 41 of the Law) or an illness received during military service (Article 42 Law).

On equal grounds with military personnel, a pension is assigned to persons in command and rank and file of the internal affairs bodies. At the same time, disability resulting from injury, concussion, injury received in the performance of official duties in the internal affairs bodies is equated to disability due to a military injury, and disability due to other reasons that occurred during the period of service in these bodies is equated to disability. due to an illness acquired during military service.

The pension on the grounds specified in Article 26 of the Law is established regardless of when the disability occurred (before the start of labor activity (study), during work (study) or after its termination, etc.), but on the grounds specified in Article 27 of the Law, if the disability occurred during the period of military service or no later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during military service.

Disability pension due to work injury and occupational disease (Articles 39, 40 of the Law) is assigned regardless of the length of the total work experience.

A disability pension due to a general illness (Article 43 of the Law) to citizens who become disabled before the age of 20 is also assigned regardless of the length of the total length of service. In other cases, in order to assign a disability pension due to a general illness, the following work experience is required by the time of the onset of disability: for citizens under the age of 23 - at least one year, and for citizens aged 23 and older - one year with an increase of four months for each full year of age, starting at age 23 but not more than 15 years.

When switching from a disability pension due to a work injury, an occupational disease, a military injury or an illness received during military service, to a disability pension due to a general illness, the required work experience is determined by age at the time of the initial establishment of disability. This rule applies if the break in disability does not exceed five years.

Citizens who are invalids of groups I and II due to a general illness and do not have a full length of service for the appointment of a pension (Article 29 of the Law), a pension is established with an incomplete total length of service.

A pension (except for a disability pension due to a military injury) is established in the following amounts: disabled people of groups I and II - 75 percent, group III - 30 percent of earnings.

In cases where the pension cannot be calculated from earnings, it is fixed in a fixed amount equal to the minimum pension (Article 32 of the Law).

The disability pension of groups I and II is set at the level of the minimum old-age pension (Part One of Article 17 of the Law), and the disability pension of group III - at the level of 2/3 of the minimum amount of this pension.

The amount of the disability pension of groups I and II (Part one of this article) is increased by one percent for each full year of the total length of service in excess of that required for granting an old-age pension with full length of service, but not more than 20 percent.

The maximum amount of disability pensions of groups I and II is set at the level of the maximum old-age pension (Part one of Article 18 of the Law), and disability pensions of Group III - the minimum amount of this pension (Part one of Article 17 of the Law).

The size of the disability pension of groups I and II (Part one of this article) is increased by 1% for each full year of the total length of service in excess of that required for granting an old-age pension with full length of service, but not more than 20%.

The disability pension of groups I and II for incomplete total work experience is determined on the basis of the full disability pension in the manner prescribed by Article 19 of the Law. Its size cannot be lower than the social pension (paragraph "b" of Article 114 of the Law).

A disability pension due to a military injury (Article 41 of the Law) or a disease received during military service (Article 42 of the Law) is assigned regardless of the length of the total length of service, including military service.

On equal grounds with military personnel who became disabled due to military trauma, the pension is established:

citizens from among the workers and employees of the relevant categories, whose disability occurred due to injury, concussion, injury or illness received in the area of ​​military operations, on the front-line sections of railways, at the construction of defensive lines, naval bases and airfields, and equated in pension provision for military personnel in accordance with special decisions of the Government of the USSR;

citizens who have become disabled due to a wound, concussion, injury or disease received during their stay in extermination battalions, platoons and people's protection detachments;

citizens called up for training and verification camps and who became disabled due to injury, concussion or injury received in the line of duty during the period of these fees.

Disability pension of groups I and II due to military injury (Article 41 of the Law) is assigned in the maximum amount established by part one of Article 18 of the Law, and disability pension of group III due to the same reason - in the amount of half of the specified amount.

Soviet citizens - immigrants from other countries who did not work in the Russian Federation or the USSR, a pension is assigned:

a) for disability due to a work injury, occupational disease, military injury received during the Great Patriotic War in the fight against the armies of states that were at war with the USSR - regardless of the length of the total length of service;

b) due to disability due to a general illness - if there is a general length of service required by age at the time of termination of work (Article 29 of the Law).

(as amended by Federal Law No. 19-FZ of 14.01.97)

The bonuses provided for in paragraphs "a", "b" and "c" of the first part of Article 21 of the Law are established for the disability pension of groups I and II.

To the disability pension of group III, a supplement is established, provided for in paragraph "c" of the first part of Article 21 of the Law.

The disability of an employee who performed the work specified in the first part of Article 89 of the Law is considered to have occurred as a result of an employment injury if the accident that caused damage to health occurred:

a) when performing work duties (including during business trips), as well as when performing any actions in the interests of the organization, even if without instructions from the administration (collective farm board, etc.);

b) on the way to or from work;

c) on the territory of the organization or in another place of work during working hours (including established breaks), during the time necessary to put in order the tools of production, clothing, etc. before or after work;

d) near the organization or other place of work during working hours, including the established breaks, if being there did not contradict the internal labor regulations.

In addition, a citizen's disability is considered to have occurred as a result of a labor injury if the accident that caused damage to health also occurred:

e) when undergoing industrial training (practice) or conducting educational experiments (experiments) during study;

f) in the performance of state duties, as well as tasks of Soviet or public organizations whose activities do not contradict the Constitution of the Russian Federation;

g) in the performance of civic duty to save human life, protect property and law and order.

Disability is considered to have occurred as a result of an occupational disease, if the disease that caused it is recognized as an occupational one.

The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.

The disability of citizens who have served in the military, including as youngsters, sons (pupils) of regiments, is considered to have occurred as a result of a military injury if it is the result of a wound, concussion, injury received in the defense of the USSR, the Russian Federation or in the performance of other duties of military service (official duties), or illness associated with being at the front.

The disability of citizens who have served in the military, including as youngsters, sons (pupils) of regiments, is considered to have occurred as a result of an illness received during military service, if it was the result of an injury as a result of an accident not related to the performance of military service duties (official duties), or an illness not related to being at the front.

Disability is considered to have occurred as a result of a general illness, if it is not a consequence of the reasons specified in Articles 39, 40, 41, 42 of the Law.

In case of intensification of disability due to another reason, the cause of disability is determined at the request of the disabled person.

The pension is established for the period for which disability is determined (Article 25 of the Law).

When the disability group is revised, the pension in the new amount is paid from the date of the change in the disability group. If the disability is not established, then the pension is paid until the end of the month in which the re-examination was carried out, but no longer than until the day on which the disability was established.

If a citizen does not appear at the appointed time for re-examination at the VTEK, then the payment of the pension is suspended. It resumes from the day when the citizen is again recognized as disabled. If the re-examination period is missed for a good reason and the VTEC establishes disability for the past time, the pension is paid from the day from which the citizen was recognized as disabled. If during the re-examination a different disability group (higher or lower) is established, then the pension is paid for the specified time for the previous group.

A previously granted disability pension due to a general illness is restored if no more than five years have passed since the date of termination of its payment due to the expiration of the period for which the disability was established. The restoration of a previously granted disability pension due to other reasons is not limited by a period.

In the event of a disability again after a break, a disability pension may be assigned (at the request of the disabled person) on a general basis.

For working pensioners, the pension is paid in full (without the supplement for dependents).

IV. SURVEY PENSION

Disabled members of the family of the deceased who were dependent on him (Article 53 of the Law) have the right to a pension. Parents and widows (widowers) of citizens who died as a result of a military injury, one of the parents or a spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who served in military service on conscription, who died (deceased) in the period of military service or those who died as a result of a military injury after being discharged from military service (except in cases where the death of servicemen occurred as a result of their illegal actions), a pension is awarded regardless of whether they were dependents of the dead (deceased).

Disabled family members are:

a) children, brothers, sisters and grandchildren under the age of 18 or older than this age, if they became disabled before reaching the age of 18, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;

b) father, mother, spouse (wife, husband), if they have reached the age of 60 or 55 (men and women, respectively) or are disabled;

c) one of the parents or spouse, or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14 and does not work;

d) grandfather and grandmother - in the absence of persons who are required by law to support them;

e) parents of dead (deceased) conscripts, if they have reached the age of 55 and 50 (men and women, respectively) (Article 58.1 of the Law).

The parents and spouse of the deceased, who were not dependent on him, are entitled to a pension if they subsequently lost their source of livelihood.

Students, pupils aged 18 years and older, but not more than until they reach the age of 23, are entitled to a survivor's pension until the end of full-time education in educational institutions of all types and types, regardless of their organizational and legal forms, with the exception of educational institutions of additional education.

The stepfather and stepmother are entitled to a pension on an equal footing with the father and mother, provided that they raised or supported the deceased stepson or stepdaughter for at least five years.

The stepson and stepdaughter are entitled to a pension on an equal basis with their own children.

The family members of the deceased are considered to be dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.

Members of the family of the deceased, for whom his assistance was a permanent and main source of livelihood, but who themselves received some kind of pension, are entitled to transfer to a survivor's pension.

The dependency of the children of deceased parents is assumed and does not require proof.

Families of missing citizens are equated to the families of the deceased, if the missing absence of the breadwinner is certified in the prescribed manner. At the same time, the families of servicemen who went missing during the period of hostilities are equated to the families of those who died due to military trauma (Article 66 of the Law).

Minors who are entitled to a pension (Article 50 of the Law) retain this right when they are adopted.

The pension assigned on the occasion of the loss of the breadwinner - the spouse, is preserved upon entering into a new marriage.

The pension is assigned on a general basis, if the death of the breadwinner occurred as a result of a labor injury, occupational or general disease.

A pension on the grounds established for families of military personnel (including families of partisans of the Great Patriotic and Civil Wars) is assigned if the death of the breadwinner occurred as a result of a military injury or illness received during military service.

On equal grounds with the families of military personnel, a pension is assigned to the families of persons in command and rank and file of the internal affairs bodies. At the same time, the death of the breadwinner, which occurred as a result of injury, concussion, mutilation received in the performance of official duties in the internal affairs bodies, is equated to the death of the breadwinner due to a military injury, and the death of the breadwinner, which occurred due to other reasons that occurred during the period of service in these bodies, - to the death of the breadwinner due to a disease received during military service.

A pension on the grounds established for the parents of the dead (deceased) servicemen who were in military service on conscription is assigned if the death (death) occurred during the period of military service or after dismissal from military service due to military injury (except for cases when the death of servicemen occurred as a result of their illegal actions).

(as amended by Federal Law No. 110-FZ of 01.06.99)

The pension on the grounds specified in Article 57 of the Law is established regardless of when the death of the breadwinner occurred, and on the grounds specified in Article 58 of the Law, if the death of the breadwinner occurred during military service or no later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during military service.

The pension for the loss of a breadwinner due to a work injury and occupational disease is granted regardless of the length of service of the breadwinner.

A survivor's pension due to a general illness is established if the breadwinner by the day of death had a total length of service that would be necessary for him to receive a disability pension (Article 29 of the Law).

Families of citizens who die as a result of a general illness and do not have a full length of service sufficient to receive a pension (Article 29 of the Law) are granted a pension if the total length of service of the breadwinner is incomplete.

The survivor's pension (except for the survivor's pension due to a military injury and the survivor's pension to the parents of dead (deceased) servicemen who were conscripted) is established in the amount of 30 percent of the income of the breadwinner for each disabled family member, and for each a child who has lost both parents, and a deceased single mother - in the amount of one and a half times the minimum old-age pension (Part one of Article 17 of the Law).

The pension, including in case of incomplete total work experience of the breadwinner, cannot be lower than the social pension specified in paragraph "b" of Article 114 of the Law, based on each disabled family member.

The maximum pension is set at the level of the minimum old-age pension (part one of Article 17 of the Law) for each disabled family member, with the exception of the pension for children who have lost both parents and the deceased single mother (Article 62 of the Law), as well as pensions for the parents of the dead ( deceased) servicemen who were conscripted for military service (Article 68.1 of the Law).

The amount of the pension for incomplete total work experience of the breadwinner is determined (based on the full pension) in the manner prescribed by Article 19 of the Law.

The death of the breadwinner is considered to have occurred as a result of a work injury, occupational disease, military injury, illness received during military service, general illness, if it was the result of the reasons specified respectively in Articles 39, 40, 41, 42, 43 of the Law.

The pension for the loss of a breadwinner due to a military injury or illness received during military service is assigned regardless of the length of the total work experience of the breadwinner, including military service.

On an equal footing with the families of military personnel who died as a result of a military injury, a pension is established for the families of citizens listed in Article 35 of the Law who died as a result of such an injury.

A survivor's pension due to a military injury is granted in the maximum amount established by Article 64 of the Law.

The survivor's pension for the parents of dead (deceased) conscripted military servicemen (Article 58.1 of the Law) is established for each of the parents in the amount of three minimum old-age pensions (Part one of Article 17 of the Law).

For the families of deceased pensioners, a pension is assigned on a general basis, regardless of the length of the total work experience of the breadwinner.

Families of deceased pensioners who became disabled due to military trauma are granted a pension in accordance with the rules established by Articles 67, 68 of the Law, regardless of the cause of death of the pensioner.

The families of deceased pensioners include those families whose breadwinner died during the period of receiving the pension or no later than five years after the termination of the payment of the pension.

The following allowances are established for the pension: for caring for a pensioner - on the conditions and in the amounts provided for in Article 21 of the Law; children - invalids and invalids from childhood of groups I and II who have lost both parents, as well as the indicated children of a deceased single mother - in the amount of the social pension provided for in paragraph "a" of Article 114 of the Law.

(as amended by Federal Law No. 12-FZ of 04.08.94)

The pension is established for the entire period during which a family member of the deceased is considered disabled (Article 50 of the Law).

When the number of family members covered by the pension changes, the pension is reviewed according to the number of family members entitled to receive it.

The pension in the new amount is paid from the first day of the month following the one in which the circumstances leading to the change in the amount of the pension occurred. Upon the occurrence of circumstances that lead to the termination of the payment of the pension, the payment of the pension shall be terminated from the same date.

Children who have lost both parents and a single mother who has died for the period of their being on full state support are paid 50 percent of the pension, and other children - 25 percent.

The social pension established for children who have lost their parents is paid in the same manner.

For the period of stay of children in children's institutions on full state support, the difference between the assigned and the pension to be paid to children shall be transferred to the accounts of these institutions.

At the request of any family member, his share of the pension is allocated and paid separately. At the same time, the share of the pension for children who have lost both parents and a deceased single mother is determined in the amount established by Article 62 of the Law.

The share of the pension is allocated from the first day of the month following the one in which the application for the division of the pension was received.

Family members who receive a survivor's pension due to disability are subject to the rules provided for in Articles 23-25, 47, 48 of the Law.

Working pensioners are paid full pension.

V. PENSION FOR SERVICE

A retirement pension is established in connection with long-term underground work, other work with especially harmful and difficult working conditions, as well as some other professional activities.

Citizens directly employed full-time in underground and open-cast mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines (according to the list of jobs and professions approved by the Government of the Russian Federation), have the right to a pension regardless of age if they have worked in these jobs for at least 25 years, and workers in the leading professions in these jobs - stope miners, tunnellers, jackhammers, mining machine operators, if they have worked in such jobs not less than 20 years old.

Pension in connection with work on the ships of the marine fleet of the fishing industry for the extraction, processing of fish and seafood, the receipt of finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of ships of the sea, river fleet and the fleet of the fishing industry is established for men with length of service at least 25 years old, women - 20 years old.

A pension in connection with work as a rescuer in professional emergency rescue services, professional emergency rescue teams (according to the list of positions and specialties approved by the Government of the Russian Federation) can be established regardless of age with at least 15 years of service.

Pension in connection with work in the flight and flight test staff is established: for men with a length of service of at least 25 years, for women - at least 20 years; when leaving flight work for health reasons - for men with a length of service of at least 20 years, for women - at least 15 years.

The pension in connection with work in air traffic control is established: for men - upon reaching 55 years of age and with a total work experience of at least 25 years, of which at least 12 years 6 months of work in the direct control of aircraft flights; women - upon reaching the age of 50 and with a total work experience of at least 20 years, of which at least 10 years of work in the direct control of aircraft flights.

Pension in connection with work in the engineering and technical staff for aircraft maintenance is established: for men - upon reaching 55 years of age and with a total work experience in civil aviation of at least 25 years, of which at least 20 years for direct maintenance of aircraft; women - upon reaching the age of 50 and with a total work experience in civil aviation of at least 20 years, of which at least 15 years in direct aircraft maintenance.

A pension in connection with teaching activities in schools and other institutions for children is established upon service of at least 25 years.

A pension in connection with medical and other work to protect the health of the population is established for at least 25 years of service in rural areas and urban-type settlements and at least 30 years in cities.

Pension in connection with creative work on the stage in theaters and other theatrical and entertainment organizations and groups is established at 15, 20, 25 or 30 years of service, depending on its nature.

Lists of relevant jobs (professions and positions), taking into account which a long service pension is assigned, and, if necessary, the rules for calculating length of service and assigning pensions, are approved by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.

The pension (except for the pension for workers employed in underground and open pit mining) is set at the rate of 55 to 75 percent of earnings. With a length of service equal to the required, the amount of the pension is 55 percent of earnings; for each full year of service in excess of the required, he is increased by one percent of earnings. In case of length of service in the flight and flight test staff for men from 20 to 25 years and for women from 15 to 20 years (part one of Article 79 of the Law), the pension is reduced by 2 percent of earnings for each year (including incomplete), missing to full seniority.

The size of the pension for test pilots of the 1st class is increased by 10 percent. In all cases, the amount of the pension cannot exceed 75 percent of earnings. In this case, the restrictions established by Article 86 of the Law do not apply.

The pension for workers employed in underground and open-pit mining (Article 78 of the Law) is set at 75 percent of earnings.

The minimum pension is determined at the level of the minimum old-age pension (Part 1 of Article 17 of the Law).

The amount of the pension (Part 1 of this article) is increased by one percent for each full year of special seniority (length of service) in excess of that required for granting a pension, but not more than by 20 percent.

The maximum pension is determined at the level of the total maximum old-age pension (Part One of Article 18 of the Law), and for civil aviation pilots at the level of three and a half of the minimum old-age pension.

The maximum amount of pension (Part 1 of this article) is increased by 1 percent for each full year of special seniority (length of service) in excess of that required for granting a pension, but by no more than 20 percent.

The superannuation provided for in paragraph "c" of the first part of Article 21 of the Law is established for the seniority pension.

Pension (except for pensions for workers employed in underground and open pit mining, as well as pensions assigned in connection with teaching activities in schools and other institutions for children, and pensions assigned in connection with medical and other work to protect the health of the population in rural areas and urban-type settlements) is paid on the condition of leaving the work (service), taking into account which it was established. When performing other work, the pension is paid in the manner prescribed by paragraph one of Article 22 of the Law.

Pension assigned to workers employed in underground and open-pit mining, as well as a pension assigned in connection with teaching activities in schools and other institutions for children, and a pension assigned in connection with medical and other work to protect the health of the population in rural areas and settlements of urban type (Articles 78, 80, 81 of the Law) are paid in the manner prescribed by part one of Article 22 of the Law, regardless of the nature of the work.

VI. LABOR EXPERIENCE AND ITS CALCULATION

Taking into account the total length of service, that is, the total duration of labor and other socially useful activities specified in this section of the Law, an old-age pension is established, and in appropriate cases, a disability pension and a survivor's pension.

Taking into account the special length of service, that is, the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions (Article 12 of the Law), work in the Far North (Article 14 of the Law), as well as a pension for long service ( Section V of the Act).

The total length of service includes any work as a worker, employee (including work for hire before the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in the paramilitary guards, in the bodies of special communications or the mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.

The period of creative activity of members of the creative unions of the USSR and the union republics - writers, artists, composers, cinematographers, theatrical figures and others, as well as writers and artists who are not members of the corresponding creative unions, is equated to the above work. The experience of creative activity is calculated in the manner determined by the Government of the Russian Federation.

Service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, in internal affairs bodies, foreign intelligence bodies, counterintelligence bodies of the Russian Federation, ministries and departments of the Russian Federation , in which the law provides for military service, the former state security bodies of the Russian Federation, as well as the state security and internal affairs bodies of the former USSR (including during the period when these bodies were called differently), being in partisan detachments during the civil and Great Patriotic wars are included in the total length of service on a par with the work listed in Article 89 of the Law.

Preparation for professional activity - training in colleges, schools and courses for training, advanced training and retraining, in secondary specialized and higher educational institutions, stay in graduate school, doctoral studies, clinical residency is included in the total length of service along with the work listed in article 89 of the Law.

The following periods are included in the total length of service, along with the work specified in Article 89 of the Law:

a) temporary disability that began during the period of work, and disability of groups I and II due to an injury associated with production or an occupational disease;

b) caring for a disabled person of group I, a disabled child, the elderly, if he needs constant care at the conclusion of a medical institution;

c) the care of a non-working mother for each child under the age of three years and 70 days before his birth, but not more than 9 years in total;

d) residence of wives (husbands) of military servicemen under contract, together with their husbands (wives) in areas where they could not work in their specialty due to the lack of employment opportunities;

e) residence abroad of wives (husbands) of employees of Soviet institutions and international organizations, but not more than 10 years in total;

f) stay in places of detention in excess of the period appointed during the review of the case;

g) payment of unemployment benefits, participation in paid public works and moving in the direction of the employment service to another area and employment.

When establishing an old-age pension in connection with special working conditions in accordance with Article 12 of the Law, the period of disability of groups I and II due to an injury associated with production or an occupational disease is equated to the work at which the specified injury or disease was received.

The periods counted as seniority are calculated according to their actual duration, except for the cases listed in Article 94 of the Law and the special rules for calculating length of service (Article 83 of the Law).

When calculating the length of service specified in Articles 10, 11, 12, 29 of the Law, the following periods of work (service) are calculated on a preferential basis:

a full navigation period in water transport, a full season in organizations and in organizations of seasonal industries - for a year of work. The list of relevant seasonal work is approved in the manner determined by the Government of the Russian Federation;

in leper colonies and anti-plague institutions - in double size;

in military units, headquarters and institutions that are part of the army in the field, in partisan detachments and formations during the period of hostilities, as well as the time spent on treatment in medical institutions due to military trauma (Article 41 of the Law) - in a triple amount;

in Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - in a triple amount;

during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy, in a double amount;

in the regions of the Far North and areas equated to the regions of the Far North - in one and a half size;

military service by conscription - in double size.

Citizens who were unreasonably prosecuted, unreasonably repressed and subsequently rehabilitated, the time spent in custody, stay in places of detention and exile is counted in the total length of service at a triple rate.

Citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached the age of 16 by the day of occupation or during its period, the total length of service includes the entire time of their stay at the age of 16 and older in the occupied territory of the USSR or other states, as well as on the territory of states that were at war with the USSR, except when they committed a crime during the specified period.

Citizens who lived in the city of Leningrad during its blockade (from September 8, 1941 to January 27, 1944), as well as citizens - prisoners of fascist concentration camps, the time, respectively, of residence in the besieged city of Leningrad and being in concentration camps during the Great Patriotic War war is counted in the total length of service at a double rate, except when they committed a crime during the specified period.

The length of service acquired prior to registration as an insured person in accordance with the Federal Law "On Individual (Personalized) Registration in the State Pension Insurance System" is established on the basis of documents issued in the prescribed manner by the relevant state and municipal bodies and organizations.

The length of service acquired after registration as an insured person is established on the basis of information from an individual (personalized) account.

The length of service (except for work for individual citizens), specified in the first part of Article 89 of the Law, can be established on the basis of the testimony of two or more witnesses, if documents on labor activity are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.). etc.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on the basis of witness testimony in case of loss of documents for other reasons (for example, due to their careless storage, deliberate destruction, etc.).

In the event that foreign citizens or stateless persons and their families require a certain total length of service for the purpose of granting a pension, work abroad is included in such length of service if at least two-thirds of it falls on work in the USSR, unless otherwise provided by the agreement.

VII. CALCULATION OF PENSIONS FROM EARNINGS

Pension in connection with labor and other socially useful activities (Article 3 of the Law) is calculated according to the established norms from the average monthly earnings, except for cases when it is assigned in the appropriate maximum amount to citizens who became disabled due to military trauma, the families of citizens who died as a result of such an injury (Articles 36, 68 of the Law), as well as children who have lost both parents, and children of a deceased single mother (Article 62 of the Law).

For citizens whose pension cannot be calculated from their earnings, it is established in fixed amounts equal to the minimum amounts of the respective pensions.

Earnings for calculating a pension include all types of payments (income) received in connection with the performance of work (service duties) provided for in Article 89 of the Law, for which insurance contributions to the Pension Fund of the Russian Federation are accrued.

The types of payments for which insurance contributions to the Pension Fund of the Russian Federation are not charged are determined by the Government of the Russian Federation.

In addition to the payments provided for in part one of this article, earnings for calculating a pension also include:

a) monetary allowance of military personnel and persons equivalent to them in pension provision, paid for the period of service (Article 90 of the Law);

b) temporary disability benefit;

c) a scholarship paid for the period of study (Article 91 of the Law).

The in-kind part of earnings is valued at state retail prices of the period when wages were paid.

The average monthly earnings when assigning a pension is determined (at the request of the applicant for a pension): for the last 24 months of work (service, except for military service) before applying for a pension or for any 60 months of work (service) in a row during the entire working life before applying for a pension .

From the number of months for which the average monthly earnings are calculated, are excluded (at the request of the applicant for a pension) incomplete months of work in connection with its beginning or termination not from the first day of the month and months (including incomplete ones) of leave provided in connection with caring for a child under the age of three, as well as the time of work during which the citizen was disabled or received compensation for damage caused by injury or other damage to health, cared for a disabled person of group I, a disabled child or an elderly person in need of outside care at the conclusion of a medical institution . In this case, the excluded months are replaced by others immediately preceding the selected period or immediately following it.

The average monthly earnings determined by parts one and two of this article for the periods prior to registration as an insured person in accordance with the Federal Law "On individual (personalized) registration in the system of state pension insurance" is established on the basis of documents issued in the prescribed manner by the relevant state and municipal authorities. bodies, organizations.

The average monthly earnings for periods after registration as an insured person is established on the basis of information from an individual (personalized) account.

The average monthly earnings for the periods specified in Article 102 of the Law are calculated by dividing the total earnings for 24 months of work (service) and 60 months of work (service) by 24 and 60, respectively.

If the work lasted less than 24 months, the average monthly earnings are calculated by dividing the total earnings for the months actually worked by the number of those months.

In cases where the period of work was less than one full calendar month, the pension is calculated based on the conditional monthly earnings. It is determined as follows: earnings for all hours worked are divided by the number of days worked and the resulting amount is multiplied by the number of working days in a month, calculated on average for the year (21.2 - with a five-day working week; 25.4 - with a six-day working week) . In this case, the earnings from which the pension is calculated cannot exceed the sum of two tariff rates (salaries) of the given employee.

The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by the Law.

The earnings of persons working for individual citizens to serve them, accepted for calculating a pension, are limited to the amount of earnings of workers and employees of the corresponding profession and qualifications employed in state organizations and in organizations of consumer services to the population.

Members of the creative unions of the USSR and the Union republics, other creative workers (Part two of Article 89 of the Law) the pension is calculated on the general basis established by this section of the Law. At the same time, their average monthly earnings are determined for the last two calendar years before applying for a pension or for any five calendar years in a row during their entire working life before applying for a pension.

The pension for Soviet citizens - migrants from other countries who did not work in the USSR, is calculated from the average monthly earnings of workers and employees of the corresponding profession and qualification in the USSR who acquired a length of service sufficient to establish a full pension, the pension is recalculated regardless of how much time has passed since the pension was awarded.

The recalculation of the pension is made at the request of the pensioner from the earnings from which it was assigned (recalculated) earlier, or from earnings as in the case of a new pension.

For pensioners who have worked after the award of a pension for at least 24 months with higher earnings, the pension may be recalculated (upon their application) based on the average monthly earnings calculated for 24 consecutive months of work after the award of the pension, in the manner prescribed by Articles 102 and 103 of the Law.

Each subsequent recalculation is made no earlier than 24 months after the previous recalculation.

A) Heroes of the Soviet Union, Heroes of the Russian Federation and citizens awarded the Order of Glory of three degrees - by 100 percent of the pension, but not less than 200 percent of the minimum old-age pension (part one of Article 17 of the Law), Heroes of Socialist Labor - by 50 percent of the amount of the pension, but not less than 100 percent of the minimum old-age pension (Part one of Article 17 of the Law);

B) champions of the Olympic Games - by 50 percent, but not less than 100 percent of the minimum old-age pension (Part one of Article 17 of the Law);

c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees - by 15 percent;

D) participants of the Great Patriotic War (subparagraphs "a" - "g" and "i" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans") - 100 percent of the minimum old-age pension (Part one of Article 17 of the Law);

e) citizens - former minor prisoners of concentration camps, ghettos and other places of detention created by the Nazis and their allies during the Second World War - 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

f) citizens who were in military service for at least six months in the period from June 22, 1941 to September 3, 1945 (with the exception of citizens specified in paragraph "d" of this article) - 50 percent of the minimum old-age pension (part first article 17 of the Law);

g) citizens (except for those specified in paragraph "e" of this article) who worked for at least six months during the Great Patriotic War (from June 22, 1941 to May 9, 1945), excluding the time of work in areas temporarily occupied by the enemy, or awarded orders and medals of the USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War - 50 percent of the minimum old-age pension (part one of Article 17 of the Law). An increase in the pension for citizens born before December 31, 1931 inclusive, to be carried out without demanding proof of the time of work, determined by Articles 96 and 97 of the Law;

h) citizens awarded the badge "Inhabitant of besieged Leningrad" (with the exception of citizens specified in paragraphs "e", "g" of this article) - 100 percent of the minimum old-age pension (part one of Article 17 of the Law);

i) citizens who were unreasonably repressed for political reasons and subsequently rehabilitated - by 50 percent of the minimum old-age pension (part one of Article 17 of the Law);

j) disabled from childhood due to injury, concussion or injury associated with military operations during the Great Patriotic War or with their consequences, receiving an old-age pension, disability or loss of a breadwinner - 100 dependents, is taken into account for calculating the allowance for only one from retirees, of their choice.

The minimum size of labor pensions and social pensions are determined for citizens living in areas where district coefficients are established for the wages of workers and employees, using the appropriate coefficient for the entire period of their residence in these areas. In this case, if different coefficients are established, the coefficient applicable in the given area for workers and employees of non-productive industries is applied.

In the same manner, the maximum amounts of labor pensions are determined for these citizens.

b) disabled people of group II (except for disabled people from childhood), children who have lost one of their parents, and citizens who have reached the age of 65 and 60 (men and women, respectively) - in the amount of 2/3 of the minimum old-age pension (part one of Article 17 of the Law );

c) disabled persons of group III - in the amount of 1/2 of the minimum old-age pension (part one of Article 17 of the Law).

Citizens to whom a social pension is established in connection with disability are subject to the rules provided for in Articles 23-25, 47, 48 of the Law.

Article 38 of this Law is applied in terms of calculating the allowance for care to the pension assigned to disabled people from childhood of group I, disabled children.

(As amended by the Law of the Russian Federation of 15.01.93 N 4297-1)

The day of applying for a pension is the day of submitting an application with all the necessary documents. When sending an application and documents by mail, the day of treatment is the date of their dispatch.

In cases where not all the documents necessary for granting a pension are attached to the application, the applicant for a pension is given an explanation of which documents he must submit additionally. If they are submitted no later than three months from the date of receipt of the relevant explanation, the day of application is considered the day of filing the application.

The application for the appointment of a pension is considered by the body of social protection of the population no later than 10 days after its receipt with all the necessary documents or receipt of additional documents.

The corresponding pension is assigned earlier than the day of applying for it (Article 118 of the Law) in the following cases:

old-age pension and superannuation pension - from the date of termination of work (service), if the application for it was followed no later than a month from the date of leaving work;

disability pension - from the day the disability was established, if the application for it was followed no later than 12 months from that day;

survivor's pension - from the date of the death of the breadwinner, if it was followed no later than 12 months from the date of his death; when applying for a pension later, it is appointed a year earlier than the day when the application for it followed.

In all cases, the pension is assigned no earlier than from the day the right to it arises.

The pension is paid for the current month. Delivery and forwarding of the pension is carried out at the expense of the state.

living in state or municipal stationary social service institutions, 25 percent of the assigned pension is paid.

During the period of temporary absence of a pensioner in these institutions, he is paid 75 percent of the assigned pension. In this case, the period of temporary absence of a pensioner is a calendar period from one to three months.

If a pensioner living in state or municipal stationary social service institutions (excluding periods of temporary absence of a pensioner in these institutions) has disabled family members who are dependent on him, then the pension is paid in the following order: for one family member - a quarter of the pension, for two family members - a third of the pension, for three or more family members - half of the pension, for the pensioner himself - 25 percent of the pension.

three years prior to applying for them.

Pension amounts not received in a timely manner due to the fault of the bodies assigning or paying pensions are paid for the past time without limitation by any period.

During the period of imprisonment of a pensioner, according to a court sentence, the payment of the assigned pension is suspended.

Pension amounts due to a pensioner and not received due to his death are paid to his heirs on a general basis.

To members of the family of the deceased who carry out the funeral, these amounts are paid before the acceptance of the inheritance.

X. RESPONSIBILITY OF THE ORGANIZATION AND CITIZENS. RESOLUTION OF DISPUTES ON PENSION ISSUES occurrence of circumstances entailing a change in the size of the pension or the termination of its payment.

In the event of non-fulfillment of these obligations and payment of excessive amounts of pension in connection with this, the organization and the pensioner shall compensate the relevant body for the social protection of the population for the damage caused.

Amounts of pensions overpaid to a pensioner as a result of his abuse (submission of documents with deliberately incorrect information, concealment of changes in the composition of the family for which the survivor's pension is paid, etc.) may be deducted from the pension by decision of the body paying the pension. The amount of deductions on this basis should not exceed 20 percent of the pension due to the pensioner for payment, in addition to deductions on other grounds. In all cases of appeal

This Law shall enter into force: in terms of pensions for war invalids and other participants in the war (including civilians), families of fallen servicemen, citizens who were unreasonably repressed for political reasons and subsequently rehabilitated, the minimum amount of labor pensions, pensions for children - round orphans, participants in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant, social pensions, as well as in terms of norms not related to the amount of pensions and the procedure for calculating pensions and earnings (section VII of the Law) - from March 1, 1991; in the rest - from January 1, 1992, while until May 1, 1992, pensions are paid in an amount not exceeding the minimum old-age pension provided for in part one of Article 17 of the Law, not counting supplements to them.

Upon submission of additional documents after the entry into force of this Law (on length of service, earnings, etc.), giving the right to a further increase in the previously assigned pension, the pension is recalculated. In this case, the recalculation of the pension is made from the day the Law enters into force, but not more than 12 months in advance (the month of submission of documents is excluded).

In the case of submission of these documents after July 1, 1993, the pension is recalculated on the general basis established by Article 121 of the Law.

Citizens to whom a pension was assigned before the entry into force of this Law, who, under the terms and norms of the Law, do not have the right to a higher pension, it is retained in the previously established amount, but not lower than the minimum old-age pension established by this Law.

In the same manner, the pension established after the entry into force of this Law under the conditions and norms of the previous legislation is paid.

The time of underground work performed before January 1, 1992, work with harmful working conditions and in hot shops, as well as other work with difficult working conditions, giving until January 1, 1992 the right to receive a pension on preferential terms, is included in the special seniority, from taking into account which an old-age pension is assigned on a par with the work specified in paragraphs "a" and "b" of Article 12 of this Law, respectively.

On the Zakonbase website you will find the LAW of the Russian Federation of November 20, 1990 N 340-I (as amended on November 27, 2001) "ON STATE PENSIONS IN THE RUSSIAN FEDERATION" in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the LAW of the Russian Federation of November 20, 1990 N 340-I (as amended on November 27, 2001) "ON STATE PENSIONS IN THE RUSSIAN FEDERATION" completely free of charge, both in full and in separate chapters.

This law introduces in Russia a notification procedure for the construction of residential buildings 1) on land plots of individual housing construction, 2) plots of private household plots within the boundaries of settlements, and 3) garden and summer cottages of citizens.

Instead of asking for permission to build a residential building, any citizen - the owner of such a plot - has the right to simply NOTIFY the local administration about the planned construction of a residential or garden house (Article 51.1 of the Civil Code of the Russian Federation) by registered mail, through the public services portal or through the MFC, by sending a paper in the form type:

“I, full name, living there, passport number, own a land plot (address) with such and such a cadastral number on such and such a right (lease, property, gratuitous use, etc.), the permitted use of the plot is such and such ( for example: private household plots, individual housing construction, gardening), intends to build on it an individual residential building (garden house) measuring __ by __ m. from 2 (3) floors __ meters high [now it is allowed as much as 20 m.]. This house is not intended for division into independent real estate objects. What I notify (notify) the administration in accordance with Federal Law No. 340-FZ of 08/03/2018
I propose to send a notification to my postal address (or to my e-mail) about the compliance of my house with the parameters established by law for its construction in accordance with Article 51.1 of the Town Planning Code of the Russian Federation.
Sincerely, … … … (full name, signature, date)”.

Appendix - a document of title to a land plot (lease agreement, gratuitous use agreement, etc., or an extract from the USRN on ownership, but it is not required to be attached, because the administration will receive all the information from the USRN via interdepartmental communication or simply look into the computer where they are).

Further, the administration within 7 days checks the parameters of the future construction (first of all, whether the building corresponds to the type of permitted use of the land plot and its territorial zone in accordance with local regulations) and sends its notification to the applicant about the compliance of the building with the established parameters and its admissibility of placement on the land plot. The form of this notification (and notification from a citizen) will be approved by the Ministry of Construction of the Russian Federation, and while such a form has not yet been approved, it is possible to notify the administration of the planned construction in free form, because. Law No. 340-FZ of 08/03/2018 has already entered into force and you can use it directly.

The administration no longer has the right to ban construction just like that, but can only in accordance with Part 10 of Art. 51.1 of the GRK of the Russian Federation draw up a notice of the non-compliance of the building with the law and its parameters - but the administration must do this within 7 days, while properly substantiating its position, and if such a notice from the administration does not come to the developer within 7 days - the construction is considered agreed (h .13 article 51.1 GRK).

Such a time limit will prevent future construction only if there are obvious and gross violations of the law, in particular:
1) when the planned construction does not correspond to the established type of permitted use of the land (for example, they are going to build a residential building on the site "for gardening");
2) when the planned construction does not comply with the established development parameters in the PZZ (for example, due to the inadmissibility of placing residential buildings in a particular territorial zone), and
3) when a violation of the law is clearly and immediately visible - for example, a land plot is located in some kind of protected zone (for example, next to a gas pipeline) and construction is not allowed there at all.
At the same time, the treasury bears responsibility for losses due to improper notification (part 15 of article 51.1 of the GRK of the Russian Federation).

Failure to receive any letter and notification is considered construction approval and entitles the developer to carry out construction according to the parameters specified by him within 10 years from the date of sending his notification to the administration.

Such is the legal mechanics of the presumption of good faith of a citizen, the legality of any activity carried out by a person and the fiction of the state's tacit consent to this activity in the absence of reasonable objections to its implementation in relation to the construction of residential buildings by citizens and families on their land.

SO, ALREADY TODAY EVERYONE CAN BUILD A HOUSE. It remains to amend the Law on personal subsidiary plots and the Land Code of the Russian Federation - and it will be possible to build residential buildings not on 1% of the territory of Russia, but EVERYWHERE. These changes are currently being prepared. But even now, Russia has lifted the most difficult ban that blocked the will of people to build their own house on their own land. And these changes in the GDC of the Russian Federation are significant and long-awaited. For permissions for the construction of private residential buildings in the proper manner and within the due time according to the law in Russia have never been received by anyone! This is not our mentality and not our gene pool, in order to live on our own land according to someone else's will! Our ancestor, century after century and millennium after millennium, of his own free will, came to the earth, of his own free will, and set up a house on his own land. With that, Russia was populated, and expanded, and grew stronger! And now it is given to return to this primordial tradition in Russia! Next in line is the construction of residential buildings on agricultural land and the law on family homesteads!