ФЗ on state support for families with children. On additional measures of state support for families with children

Message from the President Russian Federation The 2006 Federal Assembly of the Russian Federation formulated the main priorities aimed at improving the demographic policy in Russia. In particular, a program was proposed to stimulate the birth rate, material support for women with children, the development of infrastructure that would help families with the birth and upbringing of children (preschool educational institutions and obstetric care institutions), as well as a program to stimulate the placement in families of orphans and children left behind. without parental care.

In order to implement this program, draft federal law "On additional measures of state support for families with children".

The draft federal law "On additional measures of state support for families with children" provides for the granting of women who have given birth (adopted) a second child, starting from January 1, 2007, the right to additional measures of state support, which will be secured by maternity (family) capital.

In the case when a woman as of December 31, 2006 already has two children born (adopted) by her, and gives birth (adopts) a third and subsequent child in 2007 and later, then she will also have the right to maternity (family) capital in connection with the birth of this child.

At the same time, the draft federal law provides for cases when the right to maternity (family) capital can be granted not only to women who have given birth (adopted) children.

In such cases as: the death of a woman, the announcement of her deceased, the deprivation of her parental rights, as well as in the event of a deliberate crime against the life and health of her child (children), the right to maternal (family) capital will have the woman's spouse.

If these circumstances affect both parents (adoptive parents) of the child (children) or the only parent (adoptive parent) of the child (children), then the right to maternal (family) capital will pass to the child (children in equal shares).

The draft federal law applies to citizens of the Russian Federation, regardless of their place of residence, provided that the child, with the birth (adoption) of which they have the right to maternal (family) capital, will also have citizenship of the Russian Federation.

Thus, citizens of the Russian Federation living in foreign countries, as well as citizens of the Russian Federation, whose previous child (children) do not have Russian citizenship, will also have the right to maternity (family) capital.

The right to maternity (family) capital arises from the date of birth (adoption) of the second (third or subsequent) child, regardless of the time period that has passed since the birth (adoption) of the previous child (children).

The draft federal law establishes the size of maternity (family) capital - 250 thousand rubles.

The size of this capital will be revised annually by the federal law on the federal budget for the corresponding year, taking into account the rate of inflation growth. The term "revision" allows for the possibility of increasing the size of maternal (family) capital not only by the inflation growth index for the next year, but also in larger size.

The revision of the size of the maternity (family) capital will be carried out up to the transfer of maternity (family) capital funds upon the application for its disposal.

In order to register the right to maternity (family) capital, the draft federal law provides for the creation of a federal register of persons entitled to additional measures of state support.

This register will be maintained by the Pension Fund of the Russian Federation and its territorial bodies.

In addition, the draft federal law will entrust the Pension Fund of the Russian Federation and its territorial bodies with the obligation to issue a state certificate for maternity (family) capital.

In accordance with the draft federal law, the right to dispose of maternal (family) capital can be exercised no earlier than three years after the child's birth, or three years after the child is adopted.

After the specified period, a person who has received a state certificate for maternity (family) capital will be able to decide on the disposal of this capital in the amount of the entire amount of maternity (family) capital, or part of it for the following purposes:

The first is for the purchase of housing on the territory of the Russian Federation by transferring the indicated amount or part of it to:

to pay the down payment for mortgage lending;
to pay off mortgage loans, including those raised before the right to maternity (family) capital arises;
to pay contributions within the framework of housing savings programs, programs of participation in shared construction;
for the purchase of housing by joining the maternity (family) capital to the citizens' own funds.

The second - to receive education (including additional types of education), with the exception of education, the receipt of which, in accordance with the legislation of the Russian Federation, is carried out free of charge, by any child (both relatives and adopted children, including the first, second and subsequent child). At the same time, the age of the person, for whose education the amount (part of the amount) of maternal (family) capital can be directed, at the time of the start of training in the corresponding educational program must not exceed 25 years.

Within the framework of this direction, the amount of maternity (family) capital or part of it can be transferred for payment:

additional paid educational services provided by state and municipal educational institutions(including paid departments of universities);

educational services provided by non-state and non-municipal educational institutions;

other expenses established by the Government of the Russian Federation.

The third is for the formation of the funded part labor pension a woman who has given birth (adopted) a second child, or a woman who has given birth (adopted) a third or subsequent child.

The direction of the maternity (family) capital funds for the formation of the funded part of the labor pension will be carried out in accordance with the federal laws “On labor pensions in the Russian Federation”, “On investing funds to finance the funded part of the labor pension in the Russian Federation” and “On non-state pension funds” ...

At the same time, the draft federal law provides for the provision of the person who has chosen the direction of maternity (family) capital funds for the formation of the funded part of the retirement pension, until the day of the appointment of the funded part of the retirement pension, the opportunity to abandon the specified direction no more than once a year and choose another direction of their disposal.

In accordance with the draft federal law, an application for the disposal of maternity (family) capital can be submitted no more than twice a year:

no later than May 1 to manage the amount (part of the amount) of maternal (family) capital in the second half of the current year,
no later than October 1 to dispose of the amount (part of the amount) of maternal (family) capital in the first half of the year following the year of filing the said application.

In accordance with the draft federal law, based on the results of consideration of an application for the disposal of maternal (family) capital by the territorial body The Pension Fund The Russian Federation will ensure the transfer of maternity (family) capital funds in accordance with the application for its disposal.

The draft federal law establishes the grounds for transferring maternity (family) capital funds from the federal budget and the procedure for their accounting in the Pension Fund of the Russian Federation.

The amount of expenses associated with the implementation of this draft federal law, starting from 2010, according to preliminary data, will amount to 131.8 billion rubles.

Accordingly, starting from 2010, funds will be provided for in the federal law on the federal budget. At the same time, the required text article is already contained in the draft federal law "On the federal budget for 2007" submitted by the Government of the Russian Federation to the State Duma.

The draft federal law "On Amendments to Chapter 23 of Part Two of the Tax Code of the Russian Federation" was developed in connection with the draft federal law "On Additional Measures of State Support for Families with Children" and in pursuance of the Consolidated Action Plan for the implementation of the main provisions of the Address of the President of the Russian Federation Meeting of the Russian Federation of 2006, approved by the order of the Government of the Russian Federation dated June 7, 2006 No. 838-r.

The draft federal law "On Amendments to Chapter 23 of Part Two of the Tax Code of the Russian Federation" provides for exemption from personal income tax of the amount of maternal (family) capital provided by the state to ensure the implementation of additional measures of state support.

In this regard, an amendment is made to paragraph 1 of Article 217 of the Tax Code of the Russian Federation.

This paragraph in its current version may be ambiguously interpreted in practice in relation to the amounts of maternity (family) capital, since the corresponding funds are not state benefits, and, therefore, cannot be unequivocally attributed to payments made in accordance with the current legislation of the Russian Federation , since the payment of these amounts to the mother's hands is not expected, but only the possibility of their intended use is assumed (for the purchase of housing, the child's education and an increase in the amount pension savings).

The draft federal law also introduces amendments to Articles 219 and 220 of the Tax Code of the Russian Federation, according to which tax deduction for personal income tax in cases where the costs of training and the acquisition of housing are carried out at the expense of the amount of maternal (family) capital is not provided. These changes are made in order to exclude the provision of a double benefit, since the aforementioned forks of tax deductions are provided only when spending their own funds, and not funds provided by the state.

The implementation of the draft federal law will not require additional expenditures at the expense of budgets of all levels and will not lead to a reduction in the revenue base of the respective budgets, since the presentation of maternity (family) capital is a novelty in the legislation, respectively, these amounts have never been previously included in the tax base.

A sharp decline in the birth rate and average life expectancy as a consequence of the socio-economic reforms of the late XX - early XXI centuries. caused the deformation of the demographic and social composition of society, the undermining of labor resources as the basis for the development of production, the weakening of the fundamental unit of society - the family. Thus, by the beginning of 2001, the population of the Russian Federation was about 145 million people. Since 1993, the natural population decline has been at a stable high level(0.7-0.9 million people per year). 1992-2000 the population decreased in 65 out of 89 subjects of the Russian Federation. Natural population growth in 2000 was noted only in 15 constituent entities of the Russian Federation, which include some constituent entities of the Russian Federation located in the eastern part of the country and the North Caucasus, as well as the Republic of Kalmykia. In 1999, the excess of the number of deaths over the number of births was 930 thousand people in the country as a whole, in 2000 - 958 thousand people. Depopulation - a steady excess of the number of deaths over the number of births - affected, to varying degrees, practically the entire territory of the Russian Federation and almost all ethnic groups. One of the reasons for depopulation is low fertility. In 2000, 1267 thousand people were born, which is 722 thousand people, or 1.6 times less than in 1990. The decline in the birth rate began in the late 1960s. Modern parameters of fertility are two times less than required to replace generations: on average, there are 1.2 births per woman, while 2.15 are required for simple reproduction of the population. In a number of regions located in the central part of Russia, the total fertility rate is about one birth per woman. The nature of the birth rate in the Russian Federation is determined by the massive spread of small children (1-2 children), the convergence of the fertility parameters of the urban and rural population, the postponement of the birth of the first child, and the growth of illegitimate births.

Thus, the inclusion of international legal norms in the system of national legislation is permissible subject to the established procedure for their recognition by the state. At present, the procedure for the conclusion, implementation and termination of international treaties is determined by the Federal Law of July 15, 1995 N 101-FZ "On international treaties of the Russian Federation."

A literal analysis of the provisions of the commented article allows us to note that two groups of international legal norms are taken as the basis for the legislation of the Russian Federation on additional measures of state support for families with children:

The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, according to which motherhood and infancy give the right to special care and assistance (paragraph 2 of article 25);

International Covenant on Civil and Political Rights, which defines that the family has the right to protection from society and the state (paragraph 1 of Article 23), and also proclaims the right of every child to such measures of protection that are required in his position as a minor by his family, society and state (clause 1 of article 24);

International Covenant on Economic, Social and Cultural Rights, which declares the provision of the family, as the natural and fundamental unit of society, with the widest possible protection and assistance in its education and in the period of caring for dependent children and their upbringing. Special protection should be provided to mothers for a reasonable period before and after childbirth (paragraphs 1, 2, article 10).

The closest in content to the concept of the present are the norms of the Declaration of the Rights of the Child, adopted by the UN General Assembly on November 20, 1959; Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, adopted by the UN General Assembly on December 3, 1986; The Convention on the Rights of the Child, approved by the UN General Assembly on November 20, 1989; The World Declaration on the Survival, Protection and Development of Children, adopted in New York on September 30, 1990; Convention No. 103 of the International Labor Organization concerning the protection of motherhood, adopted on June 28, 1952 in Geneva.

4. At the federal level, the system of legislation on additional measures of state support for families with children is presented in the form of three blocks of norms:

The present, developed in order to implement the provisions of the Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation in 2006 in terms of stimulating the birth of a second child in the family, was adopted by the State Duma of the Russian Federation on December 22, 2006, approved by the Federation Council on December 27, 2006 and signed by the President of the Russian Federation on December 29 2006 under review normative act regulates relations related to the acquisition and the procedure for exercising the right to receive additional measures of state support for families with children, which are understood as measures that ensure the possibility of acquiring housing, receiving services in the field of education, improving retirement benefits taking into account the specifics established by the bill.

It is envisaged to grant the right to additional measures of state support to women who have given birth (adopted) a second child starting from January 1, 2007, women who have given birth (adopted) a third or subsequent child starting from January 1, 2007 (if they have not previously exercised the right to additional measures of state support). At the same time, in the event of the death of these women, their declaration of death, deprivation of their parental rights, as well as in the event of a deliberate crime against the life and health of the child (children), the right to additional measures of state support passes to the father (adoptive parent) of the child (children) regardless from his citizenship. In the event of the death of both parents (adoptive parents) of the child (children) or the only parent (adoptive parent) of the child (children), declaring them (him) dead, depriving them (his) parental rights, committing by them (them) an intentional crime against the life and health of their the child (children) the right to additional measures of state support passes to the child (children in equal shares). The right to additional measures of state support can be exercised no earlier than after three years from the date of the emergence of the right to them, i.e. when the child reaches the age of three years or three years have passed from the date of his adoption.

In order to register the right to additional measures of state support, the comments provided for the creation of a federal register of persons entitled to additional measures of state support. This register is maintained by the Pension Fund of the Russian Federation and its territorial bodies. In addition, the Pension Fund of the Russian Federation and its territorial bodies are obliged by the norms of this Law to consider applications and issue a state certificate for maternity (family) capital. At the same time, the Pension Fund of the Russian Federation and its territorial bodies are endowed with the right to check the validity of the issuance of documents (their certified copies) certifying the right to additional measures of state support.

1. The application for disposal is subject to consideration by the territorial body of the Pension Fund of the Russian Federation within a month from the date of receipt of the application for disposal with all necessary documents(their copies, the fidelity of which is attested in accordance with the procedure established by law), based on the results of which a decision is made on the satisfaction or refusal to satisfy the application for the order.

1.1. The documents (copies of documents, information) necessary for making a decision on the satisfaction or refusal to satisfy the application for the order are requested by the Pension Fund of the Russian Federation and its territorial bodies in the bodies providing public services, bodies providing municipal services, other state bodies, local authorities. self-government and organizations subordinate to state bodies or local self-government bodies, if the specified documents (copies of documents, information) are at the disposal of such bodies or organizations and the applicant has not submitted these documents on his own. The relevant authorities are obliged to consider interdepartmental requests of the Pension Fund of the Russian Federation and its territorial bodies and send a response within the time period established by "On the organization of the provision of state and municipal services."

1.2. When considering an application for an order, the territorial body of the Pension Fund of the Russian Federation has the right to verify the fact of issuance of the submitted documents by sending requests to the appropriate bodies. These requests of the territorial body of the Pension Fund of the Russian Federation are subject to consideration by the relevant authorities within fourteen days from the date of their receipt.

1.3. The Pension Fund of the Russian Federation and its territorial bodies send a request, including using a unified system of interdepartmental electronic interaction, to local authorities, state housing supervision bodies, municipal housing control bodies about the absence or availability of residential premises, the acquisition of which in accordance with with a statement of disposal, it is planned to use the funds (part of the funds) of the maternal (family) capital, information on the recognition of this dwelling as unsuitable for living and (or) on the recognition of the apartment building in which this dwelling is located, emergency and subject to demolition or reconstruction.

2. The application for disposal may be refused in the event of:

1) termination of the right to additional measures of state support on the grounds established by Parts 3, 4 and 6 of Article 3 of this Federal Law;

2) violation of the established procedure for filing an application for an order;

3) instructions in the application for the direction of the use of funds (part of the funds) of maternal (family) capital, not provided for by this Federal Law;

4) instructions in the application for the disposal of the amount (parts thereof in aggregate) exceeding the full amount of maternity (family) capital, which the person who submitted the application for the disposal has the right to dispose of;

5) restrictions of the person specified in Parts 1 and 3 of Article 3 of this Federal Law in parental rights in relation to the child, in connection with the birth of which the right to additional measures of state support arose, as of the date of the decision on the application for the order submitted by the specified person ( until the restriction on parental rights is lifted in the prescribed manner);

6) the removal of the child, in connection with the birth of which the right to additional measures of state support has arisen, from the person specified in parts 1 and 3 of Article 3 of this Federal Law, in the manner prescribed (for the period of the removal of the child);

7) inconsistency of the organization with which the loan agreement for the purchase (construction) of residential premises is concluded with the requirements established by Part 7 of Article 10 of this Federal Law, as well as non-compliance with the condition established by Part 8 of Article 10 of this Federal Law;

8) availability of information on the recognition of a dwelling as unsuitable for living and (or) on the recognition of an apartment building in which the dwelling is located, emergency and subject to demolition or reconstruction.

3. The territorial body of the Pension Fund of the Russian Federation, no later than five days from the date of the relevant decision, shall send the person who submitted the application for the order a notice of the satisfaction or refusal to satisfy his application. If the applicant applies through the multifunctional center, this notification is sent to the multifunctional center.

4. In case of refusal to satisfy the application for disposal, the corresponding notification shall set out the grounds according to which the territorial body of the Pension Fund of the Russian Federation made such a decision.

5. The notification of the applicants is carried out by the territorial body of the Pension Fund of the Russian Federation in a form that provides the possibility of confirming the fact of notification. If the applicant applies through the multifunctional center, this notification is sent to the multifunctional center.

6. The decision to refuse to satisfy the application for the order may be appealed to a higher body of the Pension Fund of the Russian Federation or, in the prescribed manner, to a court.

7. If the application for the order is satisfied, the territorial body of the Pension Fund of the Russian Federation shall ensure the transfer of maternity (family) capital funds in accordance with the application for the order in the manner and terms established by the Government of the Russian Federation.

This Federal Law establishes additional measures of state support for families with children in order to create conditions that provide these families with a decent life.

Article 1. Legislation of the Russian Federation on additional measures of state support for families with children

1. The legislation of the Russian Federation on additional measures of state support for families with children is based on the Constitution of the Russian Federation, generally recognized principles and norms international law, international treaties of the Russian Federation and consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation issued in accordance with them. For the purpose of uniform application of this Federal Law, if necessary, appropriate explanations may be issued in the manner determined by the Government of the Russian Federation.

2. State authorities of the constituent entities of the Russian Federation and local self-government bodies may establish additional measures to support families with children, at the expense of funds, respectively, from the budgets of the constituent entities of the Russian Federation and local budgets.

Article 2. Basic concepts used in this Federal Law

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

1) additional measures of state support for families with children - measures that ensure the possibility of improving housing conditions, obtaining an education, as well as increasing the level of pension provision, taking into account the specifics established by this Federal Law (hereinafter - additional measures of state support);

2) maternity (family) capital - funds from the federal budget transferred to the budget of the Pension Fund of the Russian Federation for the implementation of additional measures of state support established by this Federal Law;

3) a state certificate for maternity (family) capital - a registered document confirming the right to additional measures of state support.

Article 3. The right to additional measures of state support

1. The right to additional measures of state support arises upon the birth (adoption) of a child (children) holding Russian Federation citizenship, among the following citizens of the Russian Federation, regardless of their place of residence:

2) women who have given birth (adopted) a third child or subsequent children starting from January 1, 2007, if they have not previously used the right to additional measures of state support;

3) men who are the only adoptive parents of the second, third child or subsequent children who have not previously used the right to additional measures of state support, if the court decision on adoption entered into legal force starting from January 1, 2007.

2. When the right to additional measures of state support for the persons specified in part 1 of this article arises, children in respect of whom these persons were deprived of parental rights or in respect of whom adoption was canceled, as well as adopted children who at the time of adoption were stepchildren or stepdaughters of these persons.

3. The right of women referred to in part 1 of this article to additional measures of state support is terminated and arises for the father (adoptive parent) of the child, regardless of whether he has Russian citizenship or the status of a stateless person in cases of the death of a woman, her being declared deceased, or deprivation of parental rights in in relation to a child, in connection with the birth of which the right to additional measures of state support has arisen, the commission of a deliberate crime against his child (children) related to crimes against the person, as well as in the case of cancellation of the adoption of a child, in connection with the adoption of which the right to additional measures of state support. The said person does not have the right to additional measures of state support if he is a stepfather in relation to a previous child, the order of birth (adoption) of which was taken into account when the right to additional measures of state support arises, and also if the child, in connection with the birth (adoption) which arose the right to additional measures of state support, recognized in the manner prescribed Family Code Russian Federation, after the death of the mother (adoptive parent) left without parental care.

4. In cases where the father (adoptive parent) of the child, who, in accordance with part 3 of this article, has the right to additional measures of state support, or the man who is the only adoptive parent of the child, has died, is declared dead, has been deprived of parental rights in relation to the child, due to the birth of which the right to additional measures of state support arose, committed a deliberate crime against his child (children) related to crimes against the person, or if the adoption of a child was canceled in relation to these persons, in connection with the adoption of which the right to additional measures of state support, their right to additional measures of state support is terminated and arises for a child (children in equal shares) who has not reached the age of majority, and (or) an adult child (children in equal shares) studying full-time at an educational institution of any type and species regardless of its organizational and legal forms (with the exception of an educational institution additional education) until the end of such training, but no longer than until they reach the age of 23 years.

5. The right to additional measures of state support arises for a child (children in equal shares) specified in part 4 of this article, if a woman whose right to additional measures of state support has terminated on the grounds specified in part 3 of this article was the only parent (adoptive parent) of the child, in connection with the birth (adoption) of which the right to additional measures of state support arose, or if the father (adoptive parent) of the child (children) did not have the right to additional measures of state support on the grounds specified in part 3 of this article.

6. The right to additional measures of state support that has arisen in a child (children in equal shares) on the grounds provided for in parts 4 and 5 of this article shall terminate in the event of his death or declaring him deceased.

7. The right to additional measures of state support arises from the date of birth (adoption) of a second, third child or subsequent children, regardless of the period of time that has passed since the date of birth (adoption) of the previous child (children), and can be exercised no earlier than after three years from the date of birth (adoption) of the second, third child or subsequent children.

Article 4. Federal register of persons entitled to additional measures of state support

1. In order to ensure the registration of persons entitled to additional measures of state support and to exercise this right, the federal register of persons entitled to additional measures of state support (hereinafter referred to as the register) is maintained.

2. The register contains the following information about a person entitled to additional measures of state support:

1) insurance number of an individual personal account in the compulsory pension insurance system;

2) last name, first name, patronymic, as well as the last name that the person had at birth;

3) date of birth;

5) the address of the place of residence;

6) the series and number of the passport or data of another identity document, the date of issue of these documents, on the basis of which the relevant information is included in the register, the name of the issuing authority;

7) the date of inclusion in the register;

8) information about children (last name, first name, patronymic, gender, date and place of birth, details of birth certificates, sequence of birth (adoption), citizenship);

9) information about the maternity (family) capital (the amount of maternity (family) capital, the chosen direction (directions) of its disposal and its use);

10) information on the termination of the right to additional measures of state support.

3. Information about a person contained in the register refers, in accordance with the legislation of the Russian Federation, to personal data of citizens (individuals).

4. The register is maintained by the Pension Fund of the Russian Federation and its territorial bodies in the manner determined by the federal executive body responsible for the development of state policy and legal regulation in the field of health care and social development.

5. Information about persons contained in the register is state information resource, the functions of the operator of which are carried out by the Pension Fund of the Russian Federation.

Article 5. State certificate for maternity (family) capital and its issuance

1. Persons specified in parts 1, 3-5 of Article 3 of this Federal Law, or their legal representatives, as well as legal representatives of a child (children) who have not reached (have not reached) the age of majority, in the cases provided for by parts 4 and 5 of Article 3 of this Federal Law, have the right to apply to the territorial body of the Pension Fund of the Russian Federation for obtaining a state certificate for maternal (family) capital (hereinafter referred to as the certificate) at any time after the emergence of the right to additional measures of state support by submitting an application with all the necessary documents (copies of them) , the loyalty of which is attested in the manner prescribed by law).

2. The form of the certificate, the rules for filing an application for the issuance of a certificate and the rules for issuing a certificate (its duplicate) shall be established by the Government of the Russian Federation.

3. The decision to issue or refuse to issue a certificate shall be made by the territorial body of the Pension Fund of the Russian Federation within one month from the date of receipt of the application for issuance of the certificate.

4. When considering an application for the issuance of a certificate, the territorial body of the Pension Fund of the Russian Federation shall have the right to verify the accuracy of the information contained in the submitted documents, and, if necessary, request additional information from the relevant authorities, including information on the facts of deprivation of parental rights, on the cancellation of adoption, on the commission of a deliberate crime against a child (children) related to crimes against the person, as well as other information necessary for the formation and maintenance of the register. These requests of the territorial body of the Pension Fund of the Russian Federation are subject to consideration by the relevant authorities within fourteen days from the date of their receipt.

5. The territorial body of the Pension Fund of the Russian Federation, no later than five days from the date of the relevant decision, shall send the person who submitted the application for the issuance of the certificate a notice of the satisfaction or refusal to satisfy his application.

6. Grounds for refusal to satisfy an application for a certificate are:

1) lack of the right to additional measures of state support in accordance with this Federal Law;

2) termination of the right to additional measures of state support on the grounds established by Parts 3, 4 and 6 of Article 3 of this Federal Law;

3) submission of false information, including information on the sequence of birth (adoption) and (or) on the citizenship of the child, in connection with the birth (adoption) of which the right to additional measures of state support arises;

4) termination of the right to additional measures of state support in connection with the use of maternity (family) capital in full.

7. In case of refusal to satisfy the application for the issuance of a certificate, the corresponding notification shall set out the grounds according to which the territorial body of the Pension Fund of the Russian Federation made such a decision. The decision to refuse to satisfy the application for the issuance of a certificate may be appealed to a higher body of the Pension Fund of the Russian Federation or, in accordance with the established procedure, to a court.

8. Persons who have submitted an application for the issuance of a certificate are responsible in accordance with the legislation of the Russian Federation for the accuracy of the information contained in the documents they submit.

9. Persons who have the right to additional measures of state support on the grounds provided for in parts 3-5 of Article 3 of this Federal Law, or their legal representatives, have the right to apply for a certificate in the manner prescribed by this article.

10. Upon reaching the age of majority by the child (children) or upon acquiring legal capacity by him (them) in full before reaching the age of majority, legal representatives are obliged to transfer the certificate to the child (children).

Article 6. The size of the maternity (family) capital

1. Maternal (family) capital is set at 250,000 rubles.

2. The size of the maternity (family) capital is revised annually taking into account the rate of inflation growth and is established by the federal law on the federal budget for the corresponding financial year. The review of the amount of maternity (family) capital is carried out prior to the transfer of maternity (family) capital funds from the federal budget to the budget of the Pension Fund of the Russian Federation in accordance with Part 1 of Article 9 of this Federal Law. In the same manner, the size of the remaining part of the amount of maternity (family) capital is reviewed.

3. The size of the maternity (family) capital shall be reduced by the amount of funds used as a result of the disposal of this capital in the manner established by this Federal Law.

4. Annually, no later than September 1 of the current year, the Pension Fund of the Russian Federation informs the persons who received the certificate about the amount of maternity (family) capital or, in the case of disposing of a part of the maternity (family) capital, about the amount of its remaining part.

Article 7. Disposal of funds of maternity (family) capital

1. The disposal of funds (part of funds) of maternal (family) capital is carried out by the persons specified in parts 1 and 3 of Article 3 of this Federal Law, who have received a certificate, no earlier than three years after the date of birth (adoption) of the second, third child or subsequent children by submitting to the territorial body of the Pension Fund of the Russian Federation an application for the disposal of maternity (family) capital (hereinafter referred to as the application for disposal), which indicates the direction of use of maternity (family) capital in accordance with this Federal Law.

2. In cases where the child (children) have the right to additional measures of state support on the grounds provided for in Parts 4 and 5 of Article 3 of this Federal Law, the disposal of the maternity (family) capital is carried out by the adoptive parents, guardians (trustees) or foster parents of the child. (children) with the prior permission of the guardianship and guardianship authority or by the child (children) themselves upon reaching the age of majority or acquiring full legal capacity by him (them) before reaching the age of majority. An application for disposal may be submitted by adoptive parents, guardians (trustees) or adoptive parents of the child (children) no earlier than three years after the child's birth. If the right to additional measures of state support has arisen in connection with the adoption of this child, the application for the order may be submitted no earlier than three years after the specified date. The disposal of maternity (family) capital funds, the right to which arose in a child (children) who remained (left) without parental care and who is (are) in an institution for orphans and children left without parental care, is not exercised by the child (children) before he (them) reaches the age of majority or the acquisition by him (them) of legal capacity in full before reaching the age of majority.

3. Persons who have received a certificate can dispose of maternity (family) capital funds in full or in parts in the following areas:

1) improvement of living conditions;

2) getting an education by a child (children);

3) the formation of the funded part of the labor pension for women listed in clauses 1 and 2 of part 1 of article 3 of this Federal Law.

4. The disposal of maternity (family) capital funds can be carried out by persons who have received the certificate, simultaneously in several directions, established by this Federal Law.

5. The rules for filing an application for disposal, as well as a list of documents required to exercise the right to dispose of maternity (family) capital, shall be established by the Government of the Russian Federation.

6. An application for disposal can be submitted at any time after two years and six months from the date of birth (adoption) of the second, third child or subsequent children, but no later than May 1 of the current year for the disposal of funds (part of the funds) of the maternal (family) capital in the second half of the current year or no later than October 1 of the current year for the disposal of funds (part of the funds) of maternity (family) capital in the first half of the year following the year of filing an application for disposal.

7. In the event that persons who have received a certificate have fully disposed of maternity (family) capital funds, the territorial body of the Pension Fund of the Russian Federation, within the time period specified in part 4 of Article 6 of this Federal Law, notifies these persons of the termination of the right to additional measures of state support. The notification is made by the territorial body of the Pension Fund of the Russian Federation in a form that provides the possibility of confirming the fact of notification.

Article 8. Procedure for considering an application for disposal

1. The application for disposal is subject to consideration by the territorial body of the Pension Fund of the Russian Federation within one month from the date of receipt of the application for disposal with all the necessary documents (copies of them, the correctness of which is certified in accordance with the procedure established by law), based on the results of which a decision is made on satisfaction or refusal of satisfaction disposal statements.

2. The application for disposal may be refused in the event of:

1) termination of the right to additional measures of state support on the grounds established by Parts 3, 4 and 6 of Article 3 of this Federal Law;

2) violation of the established procedure for filing an application for an order;

3) instructions in the application for the direction of the use of funds (part of the funds) of maternal (family) capital, not provided for by this Federal Law;

6) the taking away of the child, in connection with the birth of which the right to additional measures of state support has arisen, from the person specified in parts 1 and 3 of Article 3 of this Federal Law, in the manner prescribed by the Family Code of the Russian Federation (for the period of taking away the child).

6. The decision to refuse to satisfy the application for the order may be appealed to a higher body of the Pension Fund of the Russian Federation or, in the prescribed manner, to a court.

Article 9. Transfer of maternity (family) capital funds from the federal budget to the budget of the Pension Fund of the Russian Federation and their accounting in the budget of the Pension Fund of the Russian Federation

1. Funds of maternity (family) capital are transferred from the federal budget to the budget of the Pension Fund of the Russian Federation at the request of the Pension Fund of the Russian Federation, formed on the basis of applications for disposal. The procedure for transferring maternity (family) capital funds from the federal budget to the budget of the Pension Fund of the Russian Federation, including the frequency and timing of transfers, the amount of funds transferred, is established by the Government of the Russian Federation.

2. The maternity (family) capital funds received from the federal budget are reflected in the budget of the Pension Fund of the Russian Federation for the corresponding financial year in the manner established by the budgetary legislation of the Russian Federation. In this case, the expenditure side of the budget of the Pension Fund of the Russian Federation provides for the direction of the corresponding funds on the basis of applications for orders in accordance with Articles 10 and 11 of this Federal Law.

3. Expenses associated with maintaining the register, producing and issuing certificates, as well as ensuring the exercise of the right to dispose of maternal (family) capital, are carried out at the expense of the federal budget and are taken into account in the total expenditures of the budget of the Pension Fund of the Russian Federation for the corresponding financial year in the composition of expenses for the maintenance of bodies of the Pension Fund of the Russian Federation.

4. When executing the budget of the Pension Fund of the Russian Federation for the corresponding financial year, the accounting of transactions related to the enrollment, use and expenditure of maternity (family) capital is kept by the Pension Fund of the Russian Federation in the relevant budget accounts in accordance with the budget legislation of the Russian Federation.

Article 10. Direction of maternity (family) capital funds to improve housing conditions

1. Funds (part of the funds) of maternal (family) capital, in accordance with the application for disposal, can be directed to the acquisition (construction) of residential premises, carried out by citizens through the performance of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing accumulative cooperatives), by non-cash transfer of these funds to an organization that alienates (construction) the acquired (under construction) residential premises, or to an individual who alienates the acquired residential premises, or an organization, including a credit organization, which provided under a credit agreement (loan agreement ) funds for the specified purposes.

2. The funds (part of the funds) of the maternity (family) capital can be used to fulfill obligations related to the improvement of housing conditions that arose before the date of acquiring the right to additional measures of state support.

3. The living quarters acquired with the use of funds (part of the funds) of the maternal (family) capital must be located on the territory of the Russian Federation.

4. The dwelling, acquired with the use of funds (part of the funds) of the maternal (family) capital, is formalized into the common ownership of parents, children (including the first, second, third child and subsequent children) and other family members living with them with the definition the size of the shares by agreement.

5. The rules for channeling funds (part of funds) of maternity (family) capital to improve housing conditions are established by the Government of the Russian Federation.

Article 11. Direction of maternity (family) capital funds for education by a child (children)

1. Funds (part of funds) of maternal (family) capital, in accordance with the application for disposal, are directed to receive education by a child (children) in any educational institution on the territory of the Russian Federation that has the right to provide relevant educational services.

2. Funds (part of funds) of maternity (family) capital can be directed:

1) to pay for paid educational services provided by state and municipal educational institutions;

2) to pay for educational services provided by non-state educational institutions that have received the appropriate license in the prescribed manner and have state accreditation;

3) to pay for other expenses related to obtaining education, the list of which is established by the Government of the Russian Federation.

3. Funds (part of the funds) of maternal (family) capital can be directed to education for both the native child (children) and the adopted child (adopted), including the first, second, third child and (or) subsequent children. The age of the child, for the education of which funds (part of the funds) of the maternal (family) capital can be directed, as of the date of the commencement of training in the relevant educational program, must not exceed 25 years.

4. The rules for the allocation of funds (part of funds) of maternal (family) capital for education by a child (children) shall be established by the Government of the Russian Federation.

Article 12. Direction of maternity (family) capital funds to the formation of the funded part of the labor pension

1. The funds (part of the funds) of the maternity (family) capital according to the application for the order submitted by the women listed in clauses 1 and 2 of part 1 of Article 3 of this Federal Law may be directed to the formation of the funded part of the labor pension in accordance with the Federal Law of December 17, 2001 of the year

173-FZ "On labor pensions in the Russian Federation", Federal Law of July 24, 2002 No. 111-FZ "On investment of funds to finance the funded part of labor pensions in the Russian Federation" and Federal Law of May 7, 1998

75-ФЗ "On Non-State Pension Funds".

2. Women who have chosen the direction of funds (part of the funds) of the maternal (family) capital for the formation of the funded part of the labor pension, until the day of the appointment of the funded part of the labor pension, have the right to refuse to use the funds (part of the funds) in the indicated direction, provided that they are used in the direction ( directions) provided (provided) by Articles 10 and 11 of this Federal Law.

3. An application for refusal to send funds (part of funds) of maternal (family) capital for the formation of the funded part of the labor pension may be submitted within the time limits established by Part 6 of Article 7 of this Federal Law.

4. The rules for refusing to send funds (part of funds) of maternity (family) capital to form the funded part of the labor pension shall be established by the Government of the Russian Federation.

5. Women listed in Clauses 1 and 2 of Part 1 of Article 3 of this Federal Law, who have not made a decision on the disposal of funds (part of the funds) of maternal (family) capital, have the right to take into account the funds (part of funds) of the maternal (family) capital when assigning the funded part of the labor pension. ) capital in pension savings.

Article 13. Final and transitional provisions

1. This Federal Law shall enter into force on January 1, 2007 and apply to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2016.

2. To establish that the application for the disposal of funds (part of the funds) of maternal (family) capital in the first half of 2010 is submitted before October 1, 2009.

The president

Russian Federation

Analysis of the Federal Law No. 256-ФЗ "On additional measures of state support for families with children"

Before the adoption of the law on “maternity capital, social support for families was not at a high level. The existing laws could not fulfill the function of stimulating the birth rate and promoting the family lifestyle. Therefore, the emergence of the law on "maternity capital" has become a completely logical consequence of the current situation. The federal law "On additional measures of state support for families with children" was adopted by the State Duma on December 22, 2006 and approved by the Federation Council on December 27, 2006. The most important concepts that this law defines:

Additional measures of state support for families with children - measures to ensure the possibility of improving housing conditions, obtaining an education, as well as increasing the level of pension provision, taking into account the specifics established by law;

Maternity (family) capital - funds from the federal budget transferred to the budget of the Pension Fund of the Russian Federation for the implementation of additional measures of state support established by law;

The state certificate for maternity (family) capital is a registered document confirming the right to additional measures of state support.

The main drawback of the law is that it is designed for the second and subsequent children, which is set out in part 1 of article 3 of this law - the right to additional measures of state support arises at the birth (adoption) of a child (children) who has Russian citizenship, in the following citizens of the Russian Federation, regardless of their place of residence:

women who have given birth (adopted) a third child or subsequent children starting from January 1, 2007, if they have not previously used the right to additional measures of state support;

men who are the only adoptive parents of the second, third child or subsequent children who have not previously exercised the right to additional measures of state support, if the court decision on adoption entered into force starting from January 1, 2007.

In this way, maternal capital only for the second and subsequent children.

Initially, maternity capital was set at 250,000 rubles. At the moment it is about 365 698 rubles. The same law stipulates that the size of maternity capital is revised annually taking into account the rate of inflation growth and is established by the federal law on the federal budget for the corresponding financial year. Revision of the amount of maternity capital is carried out before the transfer of maternity capital funds from the federal budget to the budget of the Pension Fund of the Russian Federation.

Persons who have received a certificate can dispose of maternity (family) capital funds in full or in parts in the following areas:

improvement of living conditions;

education by a child (children);

formation of the funded part of the labor pension for women listed in clauses 1 and 2 of part 1 of article 3 of this Federal laws... The disposal of maternity (family capital) funds can be carried out by persons who have received a certificate, simultaneously in several directions, established by this Federal Law.

According to the latest amendments, part of the funds in an amount not exceeding 50 percent of the maternity capital funds due to the person who received the certificate can be issued for the construction of an individual housing construction object. The maternity capital funds can now be used to pay off the mortgage loan. An application for the order can be submitted at any time after two years and six months from the date of birth (adoption) of the second, third child or subsequent children.

Briefly about how you can use maternity capital funds in the three above areas. Maternity capital funds can be used to purchase (build) a dwelling. This is done by transferring the specified funds to the organization that carries out the construction, and the maternity capital funds can be used to improve the existing housing conditions. In this case, the living quarters must be located on the territory of the Russian Federation.

Residential premises acquired using maternity capital funds are registered in the common ownership of parents, children and other family members (living together in the family). The “housing issue” remains acute for many young families, so the opportunity to use maternity capital funds to buy housing is a very important point. But the question remains - to what extent does this assistance correspond to housing prices in our country? That is why it is necessary to increase the size of maternity capital.

Maternity capital funds can be used to provide a child with an education in any educational institution in the Russian Federation that has the right to provide relevant educational services, namely:

to pay for paid educational services provided by state and municipal educational institutions;

to pay for educational services provided by non-state educational institutions that have received the appropriate license in the prescribed manner and have state accreditation;

to pay for other expenses related to education, the list of which is established by the Government of the Russian Federation.

The age of the child, for whose education the maternity capital funds can be directed, at the date of the commencement of training in the corresponding educational program must not exceed 25 years.

Education in our country is being commercialized, so the opportunity to spend money on a child's education is a good idea. Of all the areas in which maternity capital can be spent, this one is the most realistic, since maternity capital funds are not enough to buy housing, and the formation of the funded part of the labor pension is aimed at social support for women mothers, but does not provide social support children.

The last direction in which you can use maternity capital funds is the formation of the funded part of the labor pension. Women who have chosen this option, before the day of the appointment of the funded part of the labor pension, have the right to refuse to use funds in this direction.