256 of the Federal Law “On additional measures to support families with children” was created to improve the living conditions of minor children and their families.
Maternity capital, according to Russian legislation, represents support for those families who have children under 18 years of age. Families who have a second, third or subsequent child have the right to count on support. The main condition for receiving maternity capital from the state is:
- whether the child has Russian citizenship;
- the parents had not previously accepted other assistance from the government.
The law on maternity capital was adopted State Duma December 22, 2006. On December 27 of the same year, the bill was approved by the Federation Council. Federal Law 256 came into force in January 2007. The latest changes were made by the government in 2016.
The summary of the legislative act on maternity capital reflects 13 articles:
- The first article indicates the grounds on which Federal Law 256 on maternity capital was created. All grounds are enshrined in the Russian Constitution;
- The second article contains all the basic concepts that affect the legislative act;
- The third article specifies a list of persons who have the right to count on state support;
- The fourth contains provisions regarding the Federal Register of Persons Eligible for Additional Support;
- The fifth establishes the procedure and conditions for issuing a certificate for receiving family (maternity) capital;
- Sixth Art. talks about the amount of family capital;
- The seventh reflects how citizens have the right to dispose of the money received;
- The eighth article describes the procedure and procedure for considering an application for maternity capital;
- Ninth Art. is devoted to the procedure for transferring funds received from the state to the Russian Pension Fund;
- The tenth outlines the conditions for using maternity capital to improve living conditions;
- 11th Art. This law on money capital regulates the distribution of funds received from the state. According to the law, citizens have the right to use maternity capital funds for their children’s education, or as stated in Art. 11.1, for the purchase of goods and services. Goods and services purchased at the expense of public funds must be intended for the social adaptation of disabled children in society;
- In 12 Art. This law on maternal capital establishes the rules for the formation funded pension;
- The last 13th part of the law on maternity capital contains final provisions.
Download the text of the law
Federal Law No. 256, which entered into force in 2007, is being improved. Therefore, additions and changes are periodically made to the document. Over the past 10 years, the legislative act has undergone 20 changes.
You can download the latest edition of 256 of the Federal Law “On Additional Measures to Support Families with Children” with all changes at You can also familiarize yourself with.
Latest changes to the law on maternity capital
Amendments and additions to legislative acts are necessary to eliminate the reasons that adversely affect the application of the law in practice, and the Federal Law on Mat. capital is no exception. Due to inflation, the state revises the financial assistance law annually. The Federal Law on maternity capital underwent the latest changes on December 28, 2016.
P 4 st 10
This article of the Federal Law on maternity capital contains information about the use of funds received to improve housing conditions. According to the law, funds can be sent to:
- for the purchase of housing;
- for housing construction;
- for the reconstruction of a residential property.
The 4th paragraph contains information that purchased (built, reconstructed) housing is registered in the name of the parents, but with an indication of the shares for the children. Acquired (built or reconstructed) housing must be located on Russian territory.
No changes were made to clause 4 of article 10 of the Federal Law “On additional measures to support families with children” latest edition.
Article 7 256 Federal Law
This article specifies the requirements for how to manage the financial assistance received. According to the law on maternity capital, persons who have received a certificate have the right to spend funds for the following purposes:
- to improve living conditions;
- for the child to receive an education;
- to create a funded pension;
- for the purchase of goods and services that will help disabled children socially adapt in society.
It has been amended many times, but in the latest edition no adjustments have been made to it.
Article 3 256 Federal Law
It establishes rights to additional assistance for families in which a second child and other children are born. The following are entitled to receive financial support from the state:
- women who gave birth to or adopted a second child (the period of birth or adoption is counted from January 1, 2007);
- women who gave birth to or adopted a third or subsequent children after January 1, 2007, but provided that they had not previously received such financial assistance from the state;
- According to the law, men also have the right to count on receiving maternity capital, but if there are grounds. Reasons - the citizen has many children or is the only parent or guardian of the second or subsequent children, he has not previously used maternity capital, if the child was adopted, then the court decision to award guardianship should come into force after January 1, 2007.
In 2016, no changes or additions were made to Article 3 of the law on maternity capital.
All changes and additions applicable to the Federal Law on Maternity Capital in December 2016 came into force on January 1, 2017.
5. Additional measures state support families with children ( maternal capital)
Additional measures of state support for families with children are understood as measures that provide the opportunity to improve living conditions, obtain education or improve the level of pension provision.
The implementation of these measures is carried out at the expense of the federal budget in the form of maternal (family) capital, which is transferred to the Pension Fund budget. The right to maternity (family) capital is formalized by issuing a personal certificate. The procedure for issuing a certificate is established by Decree of the Government of the Russian Federation dated December 30, 2006 No. 873. Upon reaching the age of majority by the child (children) or upon acquiring full legal capacity before reaching adulthood, the legal representatives are required to hand over the certificate to the child (children).
The right to maternal (family) capital arises from 01/01/2007 in the event of the birth or adoption of a second, third or subsequent children.
Maternal (family) capital is set at 250,000 rubles. and must be reviewed annually to take into account inflation rates. After indexation in 2008, its size was increased to 271,250 rubles.
Persons who have received the certificate can manage maternal (family) capital funds in full or in parts in the following areas:
Improving living conditions;
Obtaining education for the child (children);
Formation of the storage part labor pension.
An application for disposal of funds can be submitted to the territorial body of the Pension Fund of Russia after 2 years and 6 months from the date of birth (adoption) of the second, third child or subsequent children:
No later than May 1 of the current year - for the disposal of maternity capital funds in the second half of the current year;
No later than October 1 of the current year - for the disposal of maternity capital funds in the first half of the next year. To dispose of maternity capital funds in the first half of 2010, an application for disposal must be submitted before 01.10. 2009
An application for the disposal of maternal (family) capital is subject to consideration by the territorial body of the Pension Fund of the Russian Federation within a month. The Pension Fund must notify the applicant of its decision within 5 days. In addition, annually no later than September 1, the Pension Fund must inform persons who received the certificate about its amount.
Residential premises purchased using funds (part of the funds) of maternal (family) capital must be located on the territory of the Russian Federation. This residential premises is registered as the common property of parents, children and other family members living together with them, with the size of shares determined by agreement.
Funds from maternal (family) capital can be used to pay for the education of both natural and adopted children, regardless of birth order, in educational institutions of any form of ownership that are licensed and accredited. The child’s age at the start date of studies should not exceed 25 years.
Funds (part of the funds) of maternal (family) capital can be used to form the funded part of the labor pension in accordance with the Federal Law of December 17, 2001. No. 173 “On labor pensions in Russian Federation", Federal Law dated July 24, 2002 No. 111 "On investing funds to finance the funded part of labor pensions in the Russian Federation" and Federal Law dated May 7, 1998 No. 75 "On non-state pension funds."
Control questions
2. Who assigns and pays child benefits?
3. From what sources are these benefits financed?
4. What types of one-time benefits are established by law? What categories of citizens are entitled to them? What are the benefits? What documents must be submitted to assign one-time benefits?
5. What categories of women are entitled to maternity benefits? How is the benefit amount calculated? What are the deadlines for payment of benefits? What documents must be submitted to receive maternity benefits?
6. What types of monthly benefits are established by law? What categories of citizens are entitled to them? What are the benefits? What documents must be submitted to assign monthly benefits?
7. What is maternal (family) capital? From what moment and under what conditions does the right to it arise? Which body maintains the register of persons entitled to maternity (family) capital and issues certificates for it? What are the directions for using maternal (family) capital? What is the procedure for disposing of maternal (family) capital?
Literature
Gusov K.N. (responsible editor). Social security law in Russia. Textbook. M: Prospekt. 2007. pp. 378-388.
Zakharov M.L., Tuchkova E.G. Social security law in Russia. Textbook. M: Wolters Kluwer, 2004. P.411-428.
Korsanenkova A.F., Korsanenkova Yu.B. Social benefits for families with children in the Russian Federation. M: "INEK", 2007.
Filippova M.V. (ed.). Social security law. Textbook. M: Lawyer. 2006. P.226-236.
Regulatory acts
the federal law dated May 19, 1995 No. 81-FZ “On state benefits for citizens with children”
Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children”
Federal Law No. 183-FZ of July 21, 2007 “On the budget of the Social Insurance Fund of the Russian Federation for 2008 and for the planning period of 2009 and 2010”
Federal Law of December 29, 2006 No. 255-FZ “On the provision of benefits for temporary disability, pregnancy and childbirth to citizens subject to compulsory social insurance”
Federal Law of December 31, 2002 No. 190-FZ “On the provision of compulsory state social insurance benefits to citizens working in organizations and individual entrepreneurs applying special tax regimes, and certain other categories of citizens”
Federal Law of August 22, 2004 No. 122-FZ “On Amendments to Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law “On General Principles of Organization” legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation"
Decree of the Government of the Russian Federation of December 30, 2006 No. 865 “On approval of the Regulations on the procedure for assigning and paying state benefits to citizens with children”
Decree of the Government of the Russian Federation of December 30, 2006 No. 873 “On the procedure for issuing a state certificate for maternity (family capital)”
Decree of the Government of the Russian Federation of February 16, 2008 No. 82 “On approval of the Rules for filing an application for the disposal of funds (part of the funds) of maternal (family capital)”
Decree of the Government of the Russian Federation of December 12, 2007 No. 862 “On the Rules for allocating funds (part of the funds) of maternal (family capital) to improve housing conditions”
Decree of the Government of the Russian Federation of December 24, 2007 No. 926 “On approval of the Rules for the allocation of funds (part of the funds) of maternal (family capital) for the education of a child (children) and the implementation of other expenses related to the education of a child (children)"
Decree of the Government of the Russian Federation of October 15, 2001 No. 727 “On the procedure for providing compulsory state social insurance benefits to persons sentenced to imprisonment and involved in paid work”
Decree of the Government of the Russian Federation of December 30, 2006 No. 870 “On the calculation of average earnings (income) when assigning a monthly child care benefit to persons subject to compulsory social insurance”
Order of the Ministry of Health and Social Development of the Russian Federation dated January 31, 2007 No. 74 “On approval of the List of valid reasons for missing the deadline for applying for benefits for temporary disability, pregnancy and childbirth”
Order of the Ministry of Health and Social Development of the Russian Federation dated February 6, 2007 No. 91 “On approval of the Rules for calculating and confirming insurance experience to determine the amount of benefits for temporary disability, pregnancy and childbirth”
Resolution of the Constitutional Court of the Russian Federation dated March 22, 2007 No. 4-P “In the case of verifying the constitutionality of the provisions of part one of Article 15 of the Federal Law “On the budget of the Social Insurance Fund of the Russian Federation for 2002” in connection with the civil complaint of T.A. Banykina"
Letter of the Federal Social Insurance Fund of the Russian Federation dated March 5, 2008 No. 02-18/07-1931
Tasks
1. Kovaleva, working under an employment contract, is on leave without pay wages for child care up to 1.5 years. Before maternity leave for her first child, her average monthly earnings were 27,000 rubles. She is due to give birth to her second child in May 2008. Due to a difficult first birth, she registered with the antenatal clinic at the 8th week of pregnancy.
What benefits is she entitled to? Where should she go to get benefits? Determine the amount of the monthly childcare benefit for children up to 1.5 years old, maternity benefits, and a one-time benefit in connection with the birth of a child. What documents must be submitted to assign these benefits?
2. Inspector Frolova was dismissed on February 20, 2007 due to the liquidation of the organization and received three months' severance pay. Before her dismissal, her average monthly salary was 17,000 rubles, and her work experience was 8 years. She contacted the employment center, was registered as unemployed and received unemployment benefits until August 20. From 08/21/2007 to 01/23/2008 she was unable to work due to pregnancy and childbirth.
What benefits is Frolova entitled to? Determine the amount of unemployment and maternity benefits.
Which bodies and with what funds should pay them?
3. The Vasilyevs (husband and wife) study at a non-state university with tuition fees paid and do not receive scholarships. In October 2007, their child was born. They were denied benefits, citing a lack of government funding.
What types of benefits is Vasilyeva entitled to? Where should I go?
4. Koryagin serves in the army by conscription. His wife does not work and takes care of their newborn child.
What types of benefits is Koryagina entitled to as the wife of a conscript? Where should I go and what documents should I submit? From what sources does their financing come from?
5. Zorina’s baby is 3.5 months old. She did not work for two years before her maternity leave to care for her paralyzed mother.
What child benefits is Zorina entitled to? Where should I go for their appointment? From what sources does their financing come from?
6. An inspector from Salyut LLC contacted the editors of the Home Advocate magazine. He reported that due to the temporary suspension of work from 10/01/2007 to 01/01/2008, wages and benefits in connection with the birth of children, pregnancy and childbirth, as well as women on maternity leave were not paid up to 1.5 years. In February 2008, two employees of Salyut LLC, Cherepkova and Shishkina, who have children aged 1.5 years, filed a lawsuit to recover delayed benefits. The court recovered benefits from the LLC, although these benefits should be paid from social insurance funds.
Is the court's decision correct?
7. Vorobyeva gave birth to a child on June 13, 2007. She applied for a one-time benefit in connection with the birth of a child and for a benefit to care for a child up to 1.5 years old in March 2008. She was refused payment of a one-time benefit, and the benefit for the period of child care leave up to 1.5 years was paid only in 6 months.
Is the employer right?
For what period should the indicated monthly benefits be paid?
8. Vetrova is an entrepreneur without forming a legal entity. Since January 2007, she has registered voluntarily with the territorial branch of the Social Insurance Fund as a contributor. In August 2007, she gave birth to a girl.
What types of benefits is she entitled to?
What are the amounts of these benefits?
Where should she apply for their appointment and what documents should she submit?
How will the solution to the Problem change if it is not registered with the territorial branch of the Social Insurance Fund as a contributor?
9. Zakharova, who has two children, gave birth to her third child on February 23, 2008.
Does she have the right to maternal (family) capital?
How and by whom is the right to it registered?
From what moment will it acquire the direction to manage capital?
What areas of use of maternal (family) capital are established by law?
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 of international law, international treaties of the Russian Federation and consists of this Federal Law, other federal laws, as well as those issued in accordance with them other regulatory legal acts of the Russian Federation. For the purpose of uniform application of this Federal Law, if necessary, appropriate clarifications 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 governments may establish additional measures to support families with children, using funds from the budgets of the constituent entities of the Russian Federation and local budgets, respectively.
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 provide the opportunity to improve living conditions, receive education, and also increase the level of pensions, taking into account the specifics established by this Federal Law (hereinafter referred to as additional measures of state support);
2) maternal (family) capital - federal budget funds 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) state certificate for maternity (family) capital - a personal document confirming the right to additional measures of state support.
Article 3. 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) having citizenship of the Russian Federation for the following citizens of the Russian Federation, regardless of their place of residence:
1) women who gave birth (adopted) a second child starting from January 1, 2007;
2) women who gave birth (adopted) a third child or subsequent children starting from January 1, 2007, if they had not previously exercised the right to additional measures of state support;
3) men who are the sole adoptive parents of a 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 legal force starting from January 1, 2007.
2. When the right to additional measures of state support for 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 the adoption was canceled, as well as adopted children who at the time of adoption were stepsons or stepdaughters of these persons.
3. The right of women specified in part 1 of this article to additional measures of state support ceases and arises with the father (adoptive parent) of the child, regardless of the citizenship of the Russian Federation or the status of a stateless person in cases of the death of a woman, her declaration of death, deprivation of parental rights in in relation to a child, in connection with whose birth the right to additional measures of state support has arisen, in relation to his child (children) committing an intentional crime related to crimes against the person, as well as in the event of cancellation of the adoption of a child, in connection with whose adoption the right to additional measures has arisen government support measures. The right to additional measures of state support does not arise for the specified person if he is a stepfather in relation to a previous child, whose order of birth (adoption) was taken into account when the right to additional measures of state support arose, as well as if the child, in connection with the birth (adoption) whose right to additional measures of state support has arisen is recognized in the manner prescribed Family Code Russian Federation, after the death of the mother (adoptive mother) left without parental care.
4. In cases where the father (adoptive parent) of a child, who, in accordance with Part 3 of this article, has the right to additional measures of state support, or a man who is the sole adoptive parent of a child, has died, been declared dead, or has been deprived of parental rights in relation to the child, in in connection with whose birth the right to additional measures of state support arose, committed an intentional crime in relation to his child (children), related to crimes against the person, or if in relation to these persons the adoption of a child was canceled, in connection with whose adoption the right to additional measures of state support arose support, their right to additional measures of state support ceases and arises for a child (children in equal shares) who have not reached the age of majority, and (or) an adult child (children in equal shares) studying full-time in an educational institution of any type and type, regardless of its organizational and legal form (with the exception of an educational institution additional education) until the end of such training, but no longer than until he reaches the age of 23 years.
5. The right to additional measures of state support arises for the child (children in equal shares) specified in part 4 of this article, if the woman whose right to additional measures of state support was terminated on the grounds specified in part 3 of this article was the only parent (adoptive parent) of a child, in connection with whose birth (adoption) 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 for a child (children in equal shares) on the grounds provided for in parts 4 and 5 of this article is terminated in the event of his death or being declared dead.
7. The right to additional measures of state support arises from the date of birth (adoption) of the second, third child or subsequent children, regardless of the period of time that has passed from 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, except for the case provided for in Part 6.1 of Article 7 of this Federal Law.
Article 4. Federal register of persons entitled to additional measures of state support
1. In order to ensure registration of persons entitled to additional measures of state support and the implementation of this right, a 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) surname, first name, patronymic, as well as the surname that the person had at birth;
3) date of birth;
4) floor;
5) address of residence;
6) series and number of the passport or data of another identification document, the date of issue of these documents, on the basis of which the relevant information was included in the register, the name of the authority that issued them;
7) 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, order of birth (adoption), citizenship);
9) information about maternal (family) capital (the amount of maternal (family) capital, the chosen direction(s) of its disposal and its use);
10) information about the termination of the right to additional measures of state support.
3. Information about a person contained in the register, in accordance with the legislation of the Russian Federation, refers to the personal data of citizens (individuals).
4. The register is maintained Pension Fund of the Russian Federation and its territorial bodies in the manner determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of healthcare and social development.
5. Information about persons contained in the register is a state information resource, the functions of which are carried out by the Pension Fund of the Russian Federation.
6. Information about persons contained in the register is provided by the Pension Fund of the Russian Federation and its territorial bodies upon interdepartmental requests from bodies providing public services or bodies providing municipal services, in compliance with the requirements of Federal Law of July 27, 2006 N 152-FZ " About personal data."
(Part 6 introduced by Federal Law dated July 1, 2011 N 169-FZ)
Article 5. State certificate for maternal (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 the age of majority, in cases provided for in parts 4 and 5 of Article 3 of this Federal Law, has the right to apply directly or through a multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center) to the territorial body of the Pension Fund of the Russian Federation to obtain a state certificate for maternal (family) capital (hereinafter referred to as the certificate) at any time after the right arises for additional measures of state support by submitting an appropriate application with all necessary documents(their copies, the accuracy of which is certified in accordance with the procedure established by law).
1.1. Documents (copies of documents, information) necessary to make a decision on issuing or refusing to issue a certificate are requested by the Pension Fund of the Russian Federation and its territorial bodies from bodies providing public services, bodies providing municipal services, other government bodies, local government bodies 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 person who received the certificate did not submit the specified documents independently. The relevant bodies and organizations are obliged to consider interdepartmental requests from the Pension Fund of the Russian Federation and its territorial bodies and send a response within a period not exceeding five calendar days from the date of their receipt by such bodies and organizations.
2. The form of the certificate, the rules for submitting an application for the issuance of a certificate and the rules for issuing a certificate (its duplicate) are established by the federal executive body authorized by the Government of the Russian Federation.
3. The decision to issue or refuse to issue a certificate is 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 the certificate.
4. When considering an application for a certificate, the territorial body of the Pension Fund of the Russian Federation has the right to check the accuracy of the information contained in the submitted documents and, if necessary, request additional information from the relevant authorities, including information about the facts of deprivation of parental rights, about the cancellation of adoption, about the commission of an intentional 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 from 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, sends the person who submitted the application for the certificate a notice of approval or refusal of his application. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center.
(as amended by Federal Law dated July 28, 2012 N 133-FZ)
6. The 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) provision of false information, including information about the order of birth (adoption) and (or) the citizenship of the child, in connection with whose birth (adoption) 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 maternal (family) capital in full.
7. In case of refusal to satisfy an application for issuing a certificate, the corresponding notification sets out the grounds in accordance with which the territorial body of the Pension Fund of the Russian Federation made such a decision. A decision to refuse an application for a certificate may be appealed to a higher body of the Pension Fund of the Russian Federation or to a court in accordance with the established procedure.
8. Persons who submitted an application for 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 established by this article.
10. Upon reaching the age of majority by the child (children) or upon acquiring full legal capacity before reaching the age of majority, the legal representatives are obliged to transfer the certificate to the child (children).
Article 6. Amount of maternal (family) capital
The amount of maternal (family) capital in 2013 is 408,960.5 rubles (Federal Law dated December 3, 2012 N 216-FZ).
1. Maternal (family) capital is set at 250,000 rubles.
2. The amount of maternity (family) capital is reviewed annually taking into account the growth rate of inflation and is established by the federal law on the federal budget for the corresponding financial year and for the planning period. The amount of the remaining amount of maternal (family) capital is reviewed in the same manner.
(Part 2 as amended by Federal Law dated July 28, 2010 N 241-FZ)
3. The amount of maternity (family) capital is 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. Every year, no later than September 1 of the current year, the Pension Fund of the Russian Federation informs persons who have received the certificate about the amount of maternal (family) capital or, in the case of disposing of part of the maternal (family) capital, about the amount of its remaining part.
Article 7. Disposal of maternal (family) capital funds
1. The disposal of funds (part of the funds) of maternal (family) capital is carried out by persons specified in parts 1 and 3 of Article 3 of this Federal Law, who have received a certificate, by submitting to the territorial body of the Pension Fund of the Russian Federation directly or through a multifunctional center an application for the disposal of maternal funds (family) capital (hereinafter referred to as the application for disposal), which indicates the direction of use of maternal (family) capital in accordance with this Federal Law.
(as amended by Federal Laws dated December 25, 2008 N 288-FZ, dated July 28, 2010 N 241-FZ, dated July 28, 2012 N 133-FZ)
2. In cases where a child (children) has 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 maternal (family) capital funds is carried out by the adoptive parents, guardians (trustees) or adoptive parents of the child (children) with the prior permission of the guardianship and trusteeship authority or by the child (children) themselves upon reaching adulthood or acquiring full legal capacity before reaching adulthood. An application for an order may be submitted by adoptive parents, guardians (trustees) or adoptive parents of a child (children) no earlier than three years from the date of birth of the child, with the exception of the case provided for in part 6.1 of this article. If the right to additional measures of state support arose in connection with adoption of this child, an application for disposal may be submitted no earlier than three years after the specified date, except for the case provided for in part 6.1 of this article. Disposal of the funds of maternal (family) capital, the right to which has arisen in a child (children) left without parental care and located in an institution for orphans and children left without parental care, is not carried out by the child (children) before he (them) reaches the age of majority or acquires full legal capacity before reaching the age of majority.
(as amended by Federal Law dated December 25, 2008 N 288-FZ)
3. Persons who have received a certificate can manage maternity (family) capital funds in full or in parts in the following areas:
1) improvement of living conditions;
2) education of the child (children);
3) formation of the funded part of the labor pension for women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law.
4. The disposal of maternal (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 the list of documents necessary to exercise the right to dispose of funds of maternal (family) capital, are established by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
6. An application for disposal may be submitted at any time after three years from the date of birth (adoption) of the second, third child or subsequent children, except for the case provided for in part 6.1 of this article.
(Part 6 as amended by Federal Law dated July 28, 2010 N 241-FZ)
6.1. An application for disposal can be submitted at any time from the date of birth (adoption) of the second, third child or subsequent children if it is necessary to use funds (part of the funds) of maternal (family) capital to repay the principal debt and pay interest on loans or loans for the acquisition ( construction) of residential premises, including mortgage loans, provided to citizens under a credit agreement (loan agreement) concluded with an organization, including a credit institution.
(Part 6.1 introduced by Federal Law dated December 25, 2008 N 288-FZ, as amended by Federal Laws dated July 28, 2010 N 241-FZ, dated December 29, 2010 N 440-FZ)
7. If the funds of maternity (family) capital are disposed of in full by persons who have received the certificate, the territorial body of the Pension Fund of the Russian Federation, within the 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. 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. An 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 the necessary documents (their copies, the accuracy of which is certified in the manner prescribed by law), based on the results of which a decision is made to satisfy or refuse to satisfy statements of order.
1.1. Documents (copies of documents, information) necessary to make a decision on granting or refusing to satisfy an application for disposal are requested by the Pension Fund of the Russian Federation and its territorial bodies from 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 the specified documents independently. The relevant authorities are obliged to consider interdepartmental requests from the Pension Fund of the Russian Federation and its territorial bodies and send a response within the time limit established by Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services.”
(Part 1.1 introduced by Federal Law dated July 1, 2011 N 169-FZ)
2. An application for disposal may be refused in the following cases:
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 disposal;
3) indications in the application for direction of the use of funds (part of the funds) of maternal (family) capital not provided for by this Federal Law;
4) indications in the application for the disposal of an amount (its parts in total) exceeding the full amount of maternal (family) capital, which the person who submitted the application for 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 whose birth the right to additional measures of state support arose, on the date of the decision on the application for disposition filed by the specified person ( until the restrictions on parental rights are lifted in accordance with the established procedure);
6) removal of a child, in connection with whose birth 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 removal of the child);
The provisions of paragraph 7 of part 2 of Article 8 (as amended by Federal Law dated 06/07/2013 N 128-FZ) apply to persons entitled to additional measures of state support and who have entered into a loan agreement for the purchase (construction) of residential premises after the date of entry into force Federal Law dated 06/07/2013 N 128-FZ.
7) non-compliance of the organization with which the loan agreement for the purchase (construction) of residential premises was concluded with the requirements established by Part 7 of Article 10 of this Federal Law, as well as non-compliance with the conditions established by Part 8 of Article 10 of this Federal Law.
(Clause 7 introduced by Federal Law dated 06/07/2013 N 128-FZ)
3. The territorial body of the Pension Fund of the Russian Federation, no later than five days from the date of the relevant decision, sends the person who submitted the application for the order a notice of satisfaction or refusal of his application. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center.
(as amended by Federal Law dated July 28, 2012 N 133-FZ)
4. In case of refusal to satisfy the application for disposal, the corresponding notification sets out the grounds in accordance with which the territorial body of the Pension Fund of the Russian Federation made such a decision.
5. Notification of applicants is carried out by the territorial body of the Pension Fund of the Russian Federation in a form that ensures the possibility of confirming the fact of notification. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center.
(as amended by Federal Law dated July 28, 2012 N 133-FZ)
6. A decision to refuse to satisfy an application for an order may be appealed to a higher body of the Pension Fund of the Russian Federation or to a court in accordance with the established procedure.
7. If the application for disposal is satisfied, the territorial body of the Pension Fund of the Russian Federation ensures the transfer of maternal (family) capital funds in accordance with the application for disposal in the manner and within the time frame established by the Government of the Russian Federation.
Article 9. Transfer of maternal (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. Maternity (family) capital funds 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. 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 the transfer, the volume of transferred funds, is established by the Government of the Russian Federation.
(as amended by Federal Laws dated December 25, 2008 N 288-FZ, dated July 28, 2010 N 241-FZ)
2. 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 budget legislation of the Russian Federation. At the same time, the expenditure side of the budget of the Pension Fund of the Russian Federation provides for the allocation of appropriate funds on the basis of applications for disposal 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 budget expenditures of the Pension Fund of the Russian Federation for the corresponding financial year in composition of expenses for maintaining the 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, accounting for transactions related to the enrollment, use and expenditure of maternal (family) capital funds is maintained by the Pension Fund of the Russian Federation in the appropriate budget accounting accounts in accordance with the budget legislation of the Russian Federation.
Article 10. Direction of maternal (family) capital funds to improve housing conditions
1. Funds (part of the funds) of maternity (family) capital in accordance with the application for disposal may be directed to:
1) for the acquisition (construction) of residential premises, carried out by citizens through any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of the specified funds to the organization carrying out the alienation (construction) residential premises being purchased (under construction), or to an individual carrying out the alienation of the acquired residential premises, or an organization, including a credit organization, which provided funds for the specified purposes under a credit agreement (loan agreement);
2) for the construction, reconstruction of an individual housing construction project, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction project, including under a construction contract, by transferring the specified funds to the bank account of the person who received the certificate.
(Part 1 as amended by Federal Law dated July 28, 2010 N 241-FZ)
1.1. Part of the maternity (family) capital funds in an amount not exceeding 50 percent of the amount of maternity (family) capital funds due to the person who received the certificate as of the date of filing an application for disposal may be issued in accordance with paragraph 2 of part 1 of this article to the specified person for the construction (reconstruction) of an individual housing construction project upon presentation of the following, certified in the manner prescribed by law:
1) copies of documents of the person who received the certificate, or his spouse, confirming the right of ownership of the land plot, the right of permanent (indefinite) use of the land plot, the right of lifelong inheritable ownership of the land plot, the right to lease the land plot or the right of free fixed-term use of the land plot , intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction project is carried out;
2) copies of the construction permit issued to the person who received the certificate or his spouse;
3) copies of the certificate of ownership of the person who received the certificate or his spouse for an individual housing construction project in the event of its reconstruction;
4) a written obligation of the person (persons) for whom the construction permit is issued, within six months after receiving the cadastral passport of the individual housing construction project, to register the residential premises built (reconstructed) using funds (part of the funds) of the maternal (family) capital, in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
(Part 1.1 introduced by Federal Law dated July 28, 2010 N 241-FZ)
1.1-1. The documents provided for in paragraphs 1 - 3 of part 1.1 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies from state bodies, local government bodies, state extra-budgetary funds and organizations subordinate to state bodies or local government bodies, if these documents are at the disposal of such bodies or the organizations and the person who received the certificate did not submit the specified documents independently.
(Part 1.1-1 introduced by Federal Law dated July 1, 2011 N 169-FZ)
1.2. Part of the funds of maternity (family) capital remaining as a result of their disposal in accordance with part 1.1 of this article can be used for the same purposes no earlier than six months from the date of the previous transfer of part of the funds of maternity (family) capital when presented by a person who have received a certificate, a document from the body authorized to issue a building permit, confirming the carrying out of basic work on the construction of an individual housing construction project (installation of the foundation, erection of walls and roofing) or the carrying out of reconstruction work on an individual housing construction project, as a result of which the total area of the residential premises ( residential premises) of the reconstructed facility increases by no less than the accounting standard for the area of residential premises established in accordance with the housing legislation of the Russian Federation. The issuance of the specified document is carried out in a form approved by the federal executive body authorized by the Government of the Russian Federation, in the manner determined by the Government of the Russian Federation.
(Part 1.2 introduced by Federal Law dated July 28, 2010 N 241-FZ)
1.3. Funds of maternity (family) capital, on the basis of an application for the disposal of a person who has received a certificate, may be issued in accordance with paragraph 2 of part 1 of this article to the specified person to compensate for the costs of something built (reconstructed taking into account the requirements of part 1.2 of this article) by him or his spouse ( spouse) an individual housing construction project upon presentation of the following certified in the manner prescribed by law:
1) copies of documents of the person who received the certificate, or his spouse, confirming the right of ownership of the land plot, the right of permanent (indefinite) use of the land plot, the right of lifelong inheritable ownership of the land plot, the right to lease the land plot or the right of free fixed-term use of the land plot , intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction project was carried out;
2) copies of the certificate of ownership of the person who received the certificate, or his spouse, for a constructed individual housing construction project that arose no earlier than January 1, 2007, or for an individual housing construction project reconstructed after January 1, 2007 - regardless of the date of origin the specified right;
3) a written obligation of the person (persons) whose property is the individual housing construction object to register the specified object as the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) within six months after the transfer of maternal (family) capital funds by the Pension Fund of the Russian Federation - if the individual housing construction project is not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
(Part 1.3 introduced by Federal Law dated July 28, 2010 N 241-FZ)
1.4. The documents specified in paragraphs 1 and 2 of part 1.3 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies from bodies providing public services, bodies providing municipal services, other government bodies, local government bodies and subordinate state bodies or local government bodies organizations, if the specified documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit the specified documents independently.
(Part 1.4 introduced by Federal Law dated July 1, 2011 N 169-FZ)
2. Funds (part of the funds) of maternity (family) capital can be used to fulfill obligations related to the improvement of housing conditions that arose before the date of acquisition of the right to additional measures of state support.
3. Residential premises purchased using funds (part of the funds) of maternal (family) capital must be located on the territory of the Russian Federation.
4. Residential premises acquired (built, reconstructed) using funds (part of the funds) of maternal (family) capital are registered in the common ownership of parents, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement.
(Part 4 as amended by Federal Law dated July 28, 2010 N 241-FZ)
5. The rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions are established by the Government of the Russian Federation.
6. Funds (part of the funds) of maternal (family) capital can be used to repay the principal debt and pay interest on credits or loans for the purchase (construction) of residential premises, including mortgage loans provided to citizens under a loan agreement (loan agreement) concluded with an organization , including a credit institution, regardless of the period that has elapsed from the date of birth (adoption) of the second, third child or subsequent children.
(Part six was introduced by Federal Law No. 288-FZ of December 25, 2008, as amended by Federal Law No. 440-FZ of December 29, 2010)
The provisions of Part 7 of Article 10 (as amended by Federal Law No. 128-FZ dated 07.06.2013) apply to persons entitled to additional measures of state support and who have entered into a loan agreement for the purchase (construction) of residential premises after the date of entry into force of the Federal Law dated 06/07/2013 N 128-FZ.
7. Funds (part of the funds) of maternal (family) capital are used to repay the principal debt and pay interest on loans for the acquisition (construction) of residential premises provided to citizens under a loan agreement for the acquisition (construction) of residential premises concluded with one of the organizations that is :
1) a credit organization in accordance with the Federal Law “On Banks and Banking Activities”;
2) a microfinance organization in accordance with Federal Law of July 2, 2010 N 151-FZ “On microfinance activities and microfinance organizations”;
3) a credit consumer cooperative in accordance with Federal Law of July 18, 2009 N 190-FZ “On Credit Cooperation”;
4) another organization providing a loan under a loan agreement, the fulfillment of the obligation under which is secured by a mortgage.
(Part 7 introduced by Federal Law dated 06/07/2013 N 128-FZ)
The provisions of Part 8 of Article 10 (as amended by Federal Law No. 128-FZ dated 06/07/2013) apply to persons entitled to additional measures of state support and who have entered into a loan agreement for the purchase (construction) of residential premises after the date of entry into force of the Federal Law dated 06/07/2013 N 128-FZ.
8. Funds (part of the funds) of maternity (family) capital are used to repay the principal debt and pay interest on loans for the acquisition (construction) of residential premises, subject to the provision by the person who received the certificate or his spouse of a document confirming that he received the loan by non-cash transfer to an account opened by the person who received the certificate or his spouse (wife) in a credit institution.
(Part 8 introduced by Federal Law dated 06/07/2013 N 128-FZ)
Article 11. Direction of maternal (family) capital funds for education of a child (children)
1. Funds (part of the funds) of maternal (family) capital, in accordance with the application for disposal, are allocated for the education of the child (children) in any educational institution on the territory of the Russian Federation that has the right to provide appropriate educational services.
2. Funds (part of the funds) of maternal (family) capital can be directed to:
1) to pay for paid educational services provided by state accredited educational institutions;
(as amended by Federal Law dated November 16, 2011 N 318-FZ)
2) became invalid on February 1, 2012. - Federal Law of November 16, 2011 N 318-FZ;
3) to pay 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 used to obtain education for both the natural child (children) and the adopted child (children), including the first, second, third child and (or) subsequent children. The age of the child for whose education funds (part of the funds) of maternal (family) capital may be allocated must not exceed 25 years on the date of commencement of training in the relevant educational program.
4. The rules for allocating funds (part of the funds) of maternal (family) capital for the education of a child (children) are established by the Government of the Russian Federation.
Article 12. Direction of maternal (family) capital funds to the formation of the funded part of the labor pension
1. Funds (part of the funds) of maternal (family) capital submitted by women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law, application for disposal may be sent to the formation of the funded part of the labor pension in accordance with the Federal Law of December 17, 2001 of the year N 173-FZ "On labor pensions in the Russian Federation", Federal Law of July 24, 2002 N 111-FZ "On investing funds to finance the funded part of labor pensions in the Russian Federation" and Federal Law of May 7, 1998 N 75- Federal Law "On Non-State Pension Funds".
2. Women who have chosen to direct funds (part of the funds) of maternal (family) capital to form the funded part of the labor pension, before the day of assignment of the funded part of the labor pension, have the right to refuse to use the funds (part of the funds) in the specified direction, provided that they are used in the direction ( directions) provided for (provided for) by Articles 10 and 11 of this Federal Law.
3. An application for refusal to allocate funds (part of the funds) of maternal (family) capital for the formation of the funded part of a 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 allocate funds (part of the funds) of maternal (family) capital for the formation of the funded part of the labor pension are established by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
5. Women listed in paragraphs 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, when assigning the funded part of the labor pension, to take into account the funds (part of the funds) of maternal (family) capital ) capital in the composition pension savings.
Article 13. Final and transitional provisions
1. This Federal Law comes into force on January 1, 2007 and applies 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. Establish that an 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
V. PUTIN
Moscow Kremlin
December 29, 2006
N 256-ФЗ
RUSSIAN FEDERATION
THE FEDERAL LAW
On additional measures of state support
families with children
(As amended by federal laws dated July 23, 2008 N 160-FZ; dated December 25, 2008 N 288-FZ; dated July 28, 2010 N 241-FZ; dated December 29, 2010 N 440-FZ; dated 07/01/2011 N 169-FZ; dated 11/16/2011 N 318-FZ; dated 07/28/2012 N 133-FZ; dated 06/07/2013 N 128-FZ; 185-FZ; dated 06/23/2014 N 171-FZ; dated 07/21/2014 N 216-FZ; dated 03/08/2015 N 54-FZ; dated 05/23/2015 N 131-FZ; .2015 N 348-FZ; dated 12/30/2015 N 433-FZ; dated 07/03/2016 N 302-FZ; dated 12/28/2016 N 470-FZ; -FZ; dated December 28, 2017, N 432-FZ; dated March 7, 2018, N 56-FZ)
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 of international law, international treaties of the Russian Federation and consists of this Federal Law, other federal laws, as well as those issued in accordance with them other regulatory legal acts of the Russian Federation. For the purpose of uniform application of this Federal Law, if necessary, appropriate clarifications 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 governments may establish additional measures to support families with children, using funds from the budgets of the constituent entities of the Russian Federation and local budgets, respectively.
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 provide the opportunity to improve living conditions, obtain education, social adaptation and integration into society of disabled children, as well as increase the level of pensions, taking into account the features established by this Federal Law (hereinafter - additional government support measures); (As amended by Federal Law No. 348-FZ dated November 28, 2015)
2) maternal (family) capital - federal budget funds 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) state certificate for maternity (family) capital - a personal document confirming the right to additional measures of state support.
Article 3. 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) having citizenship of the Russian Federation for the following citizens of the Russian Federation, regardless of their place of residence:
2) women who gave birth (adopted) a third child or subsequent children starting from January 1, 2007, if they had not previously exercised the right to additional measures of state support;
3) men who are the sole adoptive parents of a 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 legal force starting from January 1, 2007.
2. When the right to additional measures of state support for 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 the adoption was canceled, as well as adopted children who at the time of adoption were stepsons or stepdaughters of these persons.
3. The right of women specified in part 1 of this article to additional measures of state support ceases and arises with the father (adoptive parent) of the child, regardless of the citizenship of the Russian Federation or the status of a stateless person in cases of the death of a woman, her declaration of death, deprivation of parental rights in in relation to a child, in connection with whose birth the right to additional measures of state support has arisen, in relation to his child (children) committing an intentional crime related to crimes against the person, as well as in the event of cancellation of the adoption of a child, in connection with whose adoption the right to additional measures has arisen government support measures. The right to additional measures of state support does not arise for the specified person if he is a stepfather in relation to a previous child, whose order of birth (adoption) was taken into account when the right to additional measures of state support arose, as well as if the child, in connection with the birth (adoption) whose right to additional measures of state support arose, was recognized in the manner prescribed by the Family Code of the Russian Federation, after the death of the mother (adoptive parent), left without parental care.
4. In cases where the father (adoptive parent) of a child, who, in accordance with Part 3 of this article, has the right to additional measures of state support, or a man who is the sole adoptive parent of a child, has died, been declared dead, or has been deprived of parental rights in relation to the child, in in connection with whose birth the right to additional measures of state support arose, committed an intentional crime in relation to his child (children), related to crimes against the person, or if in relation to these persons the adoption of a child was canceled, in connection with whose adoption the right to additional measures of state support arose support, their right to additional measures of state support ceases and arises for the child (children in equal shares) who have not reached the age of majority, and (or) for an adult child (children in equal shares) studying full-time in educational organization(except for the organization of additional education) until the end of such training, but no longer than until he reaches the age of 23 years. (As amended by Federal Law dated July 2, 2013 N 185-FZ)
5. The right to additional measures of state support arises for the child (children in equal shares) specified in part 4 of this article, if the woman whose right to additional measures of state support was terminated on the grounds specified in part 3 of this article was the only parent (adoptive parent) of a child, in connection with whose birth (adoption) 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 for a child (children in equal shares) on the grounds provided for in parts 4 and 5 of this article is terminated in the event of his death or being declared dead.
7. The right to additional measures of state support arises from the date of birth (adoption) of the second, third child or subsequent children, regardless of the period of time that has passed from 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, except for the cases provided for in Part 6-1 of Article 7 of this Federal Law. (As amended by federal laws dated December 25, 2008 N 288-FZ; dated July 3, 2016 N 302-FZ)
Article 4. Federal register of persons entitled to additional measures of state support
1. In order to ensure registration of persons entitled to additional measures of state support and the implementation of this right, a 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) surname, first name, patronymic, as well as the surname that the person had at birth;
3) date of birth;
5) address of residence;
6) series and number of the passport or data of another identification document, the date of issue of these documents, on the basis of which the relevant information was included in the register, the name of the authority that issued them;
7) 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, order of birth (adoption), citizenship);
9) information about maternal (family) capital (the amount of maternal (family) capital, the chosen direction(s) of its disposal and its use);
10) information about the termination of the right to additional measures of state support.
3. Information about a person contained in the register, in accordance with the legislation of the Russian Federation, refers to the 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 exercising the functions of developing state policy and legal regulation in the field of healthcare and social development.
5. Information about persons contained in the register is a state information resource, the functions of which are carried out by the Pension Fund of the Russian Federation.
6. Information about persons contained in the register is provided by the Pension Fund of the Russian Federation and its territorial bodies upon interdepartmental requests from bodies providing public services or bodies providing municipal services, in compliance with the requirements of Federal Law of July 27, 2006 N 152-FZ " About personal data." (Part supplemented by Federal Law dated July 1, 2011 N 169-FZ)
7. Information on the establishment of additional measures of state support for persons specified in part 2 of this article is posted in the Unified State Information System social security. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with Federal Law of July 17, 1999 No. 178-FZ “On State Social Assistance”. (Part supplemented by Federal Law dated March 7, 2018 N 56-FZ)
Article 5. State certificate for maternal (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 the age of majority, in cases provided for in parts 4 and 5 of Article 3 of this Federal Law, has the right to apply directly or through a multifunctional center for the provision of state and municipal services (hereinafter - the multifunctional center) to the territorial body of the Pension Fund of the Russian Federation to receive a state certificate for maternity (family) capital on paper or in the form of an electronic document (hereinafter - certificate) at any time after the right to additional measures of state support arises by submitting an appropriate application with all the necessary documents (their copies, the accuracy of which is certified in the manner prescribed by law). (As amended by federal laws dated July 28, 2012 N 133-FZ; dated July 3, 2016 N 302-FZ)
1-1. Documents (copies of documents, information) necessary to make a decision on issuing or refusing to issue a certificate are requested by the Pension Fund of the Russian Federation and its territorial bodies from bodies providing public services, bodies providing municipal services, other government bodies, local government bodies 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 person who received the certificate did not submit the specified documents independently. The relevant bodies and organizations are obliged to consider interdepartmental requests from the Pension Fund of the Russian Federation and its territorial bodies and send a response within a period not exceeding five calendar days from the date of their receipt by such bodies and organizations. (Part supplemented by Federal Law dated July 1, 2011 N 169-FZ)
2. The form of the certificate, the rules for submitting an application for the issuance of a certificate and the rules for issuing a certificate (its duplicate) are established by the federal executive body authorized by the Government of the Russian Federation. (As amended by Federal Law No. 160-FZ dated July 23, 2008)
3. The decision to issue or refuse to issue a certificate is 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 the certificate.
4. When considering an application for a certificate, the territorial body of the Pension Fund of the Russian Federation has the right to check the accuracy of the information contained in the submitted documents and, if necessary, request additional information from the relevant authorities, including information about the facts of deprivation of parental rights, about the cancellation of adoption, about the commission of an intentional 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 from 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, sends the person who submitted the application for the certificate a notice of approval or refusal of his application. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center. (As amended by Federal Law No. 133-FZ dated July 28, 2012)
6. The 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) provision of false information, including information about the order of birth (adoption) and (or) the citizenship of the child, in connection with whose birth (adoption) 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 maternal (family) capital in full.
7. In case of refusal to satisfy an application for issuing a certificate, the corresponding notification sets out the grounds in accordance with which the territorial body of the Pension Fund of the Russian Federation made such a decision. A decision to refuse an application for a certificate may be appealed to a higher body of the Pension Fund of the Russian Federation or to a court in accordance with the established procedure.
8. Persons who submitted an application for 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 established by this article.
10. Upon reaching the age of majority by the child (children) or upon acquiring full legal capacity before reaching the age of majority, the legal representatives are obliged to transfer the certificate to the child (children).
Article 6. Amount of maternal (family) capital
1. Maternal (family) capital is set at 250,000 rubles.
2. The amount of maternity (family) capital is reviewed annually taking into account the growth rate of inflation and is established by the federal law on the federal budget for the corresponding financial year and for the planning period. The amount of the remaining amount of maternal (family) capital is reviewed in the same manner. (As amended by Federal Law dated July 28, 2010 N 241-FZ)
3. The amount of maternity (family) capital is 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. The Pension Fund of the Russian Federation, at the request of the person who received the certificate, provides information on the amount of maternal (family) capital or, in the case of disposing of part of the maternal (family) capital, on the amount of its remaining part on paper or in electronic form in accordance with the requirements established Article 10 of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services”. The procedure for providing a person who has received a certificate, upon his request, with information on the amount of maternal (family) capital, or in the case of disposing of part of maternal (family) capital, on the amount of its remaining part, is established by the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the field of labor and social protection of the population. (As amended by Federal Law dated December 20, 2017 N 411-FZ)
Article 7. Disposal of maternal (family) capital funds
1. The disposal of funds (part of the funds) of maternal (family) capital is carried out by persons specified in parts 1 and 3 of Article 3 of this Federal Law, who have received a certificate, by submitting to the territorial body of the Pension Fund of the Russian Federation directly or through a multifunctional center an application for the disposal of maternal funds (family) capital (hereinafter referred to as the application for disposal), which indicates the direction of use of maternal (family) capital in accordance with this Federal Law. (As amended by federal laws dated December 25, 2008 N 288-FZ; dated July 28, 2010 N 241-FZ; dated July 28, 2012 N 133-FZ)
2. In cases where a child (children) has 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 maternal (family) capital funds is carried out by the adoptive parents, guardians (trustees) or adoptive parents of the child (children) with the prior permission of the guardianship and trusteeship authority or by the child (children) themselves upon reaching adulthood or acquiring full legal capacity before reaching adulthood. An application for an order may be submitted by adoptive parents, guardians (trustees) or adoptive parents of a child (children) no earlier than three years from the date of birth of the child, except for the cases provided for in part 6-1 of this article. If the right to additional measures of state support arose in connection with the adoption of a given child, an application for an order may be submitted no earlier than three years after the specified date, except for the cases provided for in part 6-1 of this article. Disposal of the funds of maternal (family) capital, the right to which has arisen in a child (children) left without parental care and located in an institution for orphans and children left without parental care, is not carried out by the child (children) before he (them) reaches the age of majority or acquires full legal capacity before reaching the age of majority. (As amended by federal laws dated December 25, 2008 N 288-FZ; dated July 3, 2016 N 302-FZ)
3. Persons who have received a certificate can manage maternity (family) capital funds in full or in parts in the following areas:
1) improvement of living conditions;
2) education of the child (children);
3) formation of a funded pension for women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
4) purchase of goods and services intended for social adaptation and integration of disabled children into society; (Clause supplemented by Federal Law dated November 28, 2015 N 348-FZ)
5) receiving a monthly payment in accordance with the Federal Law "On monthly payments families with children." (Clause supplemented by Federal Law of December 28, 2017 N 432-FZ)
4. The disposal of maternal (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 the list of documents necessary to exercise the right to dispose of funds of maternal (family) capital, are established by the federal executive body authorized by the Government of the Russian Federation. (As amended by Federal Law No. 160-FZ dated July 23, 2008)
6. An application for disposal may be submitted at any time after three years from the date of birth (adoption) of the second, third child or subsequent children, except for the cases provided for in part 6-1 of this article. (As amended by federal laws dated July 28, 2010 N 241-FZ; dated July 3, 2016 N 302-FZ)
6-1. An application for disposal can be submitted at any time from the date of birth (adoption) of the second, third child or subsequent children if it is necessary to use funds (part of the funds) of maternal (family) capital to pay the down payment and (or) repay the principal debt and pay interest for loans or loans for the purchase (construction) of residential premises, including mortgage loans, provided to citizens under a credit agreement (loan agreement) concluded with an organization, including a credit institution, for the purchase of goods and services intended for social adaptation and integration into society disabled children, to pay for paid educational services for the implementation of educational programs preschool education, to pay for other expenses related to obtaining preschool education, as well as to receive a monthly payment in the manner and on the terms provided by the Federal Law “On monthly payments to families with children. (Part supplemented by Federal Law of December 25, 2008 N 288 -FZ) (As amended by federal laws dated July 28, 2010 N 241-FZ; dated December 29, 2010 N 440-FZ; dated May 23, 2015 N 131-FZ; dated November 28, 2015 N 348- Federal Law; dated December 28, 2017 N 432-FZ)
7. If the funds of maternity (family) capital are disposed of in full by persons who have received the certificate, the territorial body of the Pension Fund of the Russian Federation, within the 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. 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. An 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 the necessary documents (their copies, the accuracy of which is certified in the manner prescribed by law), based on the results of which a decision is made to satisfy or refuse to satisfy statements of order.
1-1. Documents (copies of documents, information) necessary to make a decision on granting or refusing to satisfy an application for disposal are requested by the Pension Fund of the Russian Federation and its territorial bodies from 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 the specified documents independently. The relevant authorities are obliged to consider interdepartmental requests from the Pension Fund of the Russian Federation and its territorial bodies and send a response within the time limit established by Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services.” (Part supplemented by Federal Law dated July 1, 2011 N 169-FZ)
1-2. When considering an application for a disposition, 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 relevant authorities. These requests from 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. (Part supplemented - Federal Law dated 03/08/2015 N 54-FZ)
2. An application for disposal may be refused in the following cases:
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 disposal;
3) indications in the application for direction of the use of funds (part of the funds) of maternal (family) capital not provided for by this Federal Law;
4) indications in the application for the disposal of an amount (its parts in total) exceeding the full amount of maternal (family) capital, which the person who submitted the application for 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 whose birth the right to additional measures of state support arose, on the date of the decision on the application for disposition filed by the specified person ( until the restrictions on parental rights are lifted in accordance with the established procedure);
6) removal of a child, in connection with whose birth 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 removal of the child);
7) non-compliance of the organization with which the loan agreement for the purchase (construction) of residential premises was concluded with the requirements established by Part 7 of Article 10 of this Federal Law, as well as non-compliance with the conditions established by Part 8 of Article 10 of this Federal Law. (Clause supplemented - Federal Law dated 06/07/2013 N 128-FZ)
3. The territorial body of the Pension Fund of the Russian Federation, no later than five days from the date of the relevant decision, sends the person who submitted the application for the order a notice of satisfaction or refusal of his application. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center. (As amended by Federal Law No. 133-FZ dated July 28, 2012)
4. In case of refusal to satisfy the application for disposal, the corresponding notification sets out the grounds in accordance with which the territorial body of the Pension Fund of the Russian Federation made such a decision.
5. Notification of applicants is carried out by the territorial body of the Pension Fund of the Russian Federation in a form that ensures the possibility of confirming the fact of notification. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center. (As amended by Federal Law No. 133-FZ dated July 28, 2012)
6. A decision to refuse to satisfy an application for an order may be appealed to a higher body of the Pension Fund of the Russian Federation or to a court in accordance with the established procedure.
7. If the application for disposal is satisfied, the territorial body of the Pension Fund of the Russian Federation ensures the transfer of maternal (family) capital funds in accordance with the application for disposal in the manner and within the time frame established by the Government of the Russian Federation.
Article 9. Transfer of maternal (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. Maternity (family) capital funds 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 the transfer, the volume of transferred funds, is established by the Government of the Russian Federation. (As amended by federal laws dated December 25, 2008 N 288-FZ; dated July 28, 2010 N 241-FZ)
2. 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 budget legislation of the Russian Federation. At the same time, the expenditure side of the budget of the Pension Fund of the Russian Federation provides for the allocation of appropriate funds on the basis of applications for disposal in accordance with Articles 10, 11 and 11-1 of this Federal Law. (As amended by Federal Law No. 348-FZ dated November 28, 2015)
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 budget expenditures of the Pension Fund of the Russian Federation for the corresponding financial year in composition of expenses for maintaining the 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, accounting for transactions related to the enrollment, use and expenditure of maternal (family) capital funds is maintained by the Pension Fund of the Russian Federation in the appropriate budget accounting accounts in accordance with the budget legislation of the Russian Federation.
Article 10. Direction of maternal (family) capital funds to improve housing conditions
1. Funds (part of the funds) of maternity (family) capital in accordance with the application for disposal may be directed to:
1) for the acquisition (construction) of residential premises, carried out by citizens through any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of the specified funds to the organization carrying out the alienation (construction) residential premises being acquired (under construction), either to an individual alienating the acquired residential premises, or to an organization, including a credit institution, which provided funds for the specified purposes under a credit agreement (loan agreement);
2) for the construction, reconstruction of an individual housing construction project, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction project, including under a construction contract, by transferring the specified funds to the bank account of the person who received the certificate.
(Part as amended by Federal Law dated July 28, 2010 N 241-FZ)
1-1. Part of the maternity (family) capital funds in an amount not exceeding 50 percent of the amount of maternity (family) capital funds due to the person who received the certificate as of the date of filing an application for disposal may be issued in accordance with paragraph 2 of part 1 of this article to the specified person for the construction (reconstruction) of an individual housing construction project upon presentation of the following, certified in the manner prescribed by law:
1) copies of documents of the person who received the certificate, or his spouse, confirming the right of ownership of the land plot, the right of permanent (indefinite) use of the land plot, the right of lifelong inheritable ownership of the land plot, the right to lease the land plot or the right to free use of the land plot, intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction project is carried out; (As amended by Federal Law dated June 23, 2014 N 171-FZ)
2) copies of the construction permit issued to the person who received the certificate or his spouse;
3) extracts from the Unified State Register of Real Estate on the rights of the person who received the certificate or his spouse to an individual housing construction project in the event of its reconstruction; (As amended by Federal Law dated December 28, 2016 N 470-FZ)
4) a written obligation of the person (persons) for whom the construction permit is issued, within six months after receiving the cadastral passport of the individual housing construction project, to register the residential premises built (reconstructed) using funds (part of the funds) of the maternal (family) capital, in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
1-1-1. The documents provided for in paragraphs 1-3 of part 1-1 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies from state bodies, local government bodies, state extra-budgetary funds and organizations subordinate to state bodies or local government bodies, if these documents are available such bodies or organizations and the person who received the certificate did not submit the specified documents independently. (Part supplemented by Federal Law dated July 1, 2011 N 169-FZ)
1-2. Part of the funds of maternity (family) capital remaining as a result of their disposal in accordance with part 1-1 of this article can be used for the same purposes no earlier than six months from the date of the previous transfer of part of the funds of maternity (family) capital upon presentation by the person who received the certificate, a document from the body authorized to issue a building permit, confirming the carrying out of basic work on the construction of an individual housing construction project (installation of the foundation, erection of walls and roofs) or the carrying out of reconstruction work on an individual housing construction project, as a result of which the total area of residential The premises (residential premises) of the reconstructed facility are increased by no less than the accounting standard for the area of residential premises established in accordance with the housing legislation of the Russian Federation. The issuance of the specified document is carried out in a form approved by the federal executive body authorized by the Government of the Russian Federation, in the manner determined by the Government of the Russian Federation. (Part supplemented - Federal Law of July 28, 2010 N 241-FZ)
1-3. Maternity (family) capital funds, on the basis of an application for the disposal of a person who has received a certificate, may be issued in accordance with paragraph 2 of part 1 of this article to the specified person to compensate for the costs of something built (reconstructed taking into account the requirements of parts 1-2 of this article) by him or her by a spouse) an individual housing construction project upon presentation of the following certified in the manner prescribed by law:
1) copies of documents of the person who received the certificate, or his spouse, confirming the right of ownership of the land plot, the right of permanent (indefinite) use of the land plot, the right of lifelong inheritable ownership of the land plot, the right to lease the land plot or the right to free use of the land plot, intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction project was carried out; (As amended by Federal Law dated June 23, 2014 N 171-FZ)
2) extracts from the Unified State Register of Real Estate on the rights of the person who received the certificate or his spouse to a constructed individual housing construction project that arose no earlier than January 1, 2007, or to an individual housing construction project reconstructed after January 1, 2007 - regardless from the date of occurrence of the specified right; (As amended by Federal Law dated December 28, 2016 N 470-FZ)
3) a written obligation of the person (persons) whose property is the individual housing construction object to register the specified object as the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) within six months after the transfer of maternal (family) capital funds by the Pension Fund of the Russian Federation - if the individual housing construction project is not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
(Part supplemented - Federal Law of July 28, 2010 N 241-FZ)
1-4. The documents specified in paragraphs 1 and 2 of parts 1-3 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies from bodies providing public services, bodies providing municipal services, other government bodies, local government bodies and subordinate state bodies or bodies local government organizations, if the specified documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit the specified documents independently. (Part supplemented by Federal Law dated July 1, 2011 N 169-FZ)
2. Funds (part of the funds) of maternity (family) capital can be used to fulfill obligations related to the improvement of housing conditions that arose before the date of acquisition of the right to additional measures of state support.
3. Residential premises purchased using funds (part of the funds) of maternal (family) capital must be located on the territory of the Russian Federation.
4. Residential premises acquired (built, reconstructed) using funds (part of the funds) of maternal (family) capital are registered in the common ownership of parents, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement. (As amended by Federal Law dated July 28, 2010 N 241-FZ)
5. The rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions are established by the Government of the Russian Federation.
6. Funds (part of the funds) of maternity (family) capital may be used to pay the down payment and (or) repay the principal debt and pay interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans provided to citizens under a loan agreement ( loan agreement) concluded with an organization, including a credit organization, regardless of the period that has expired from the date of birth (adoption) of the second, third child or subsequent children. (Part supplemented by Federal Law No. 288-FZ of December 25, 2008; (As amended by Federal Laws No. 440-FZ of December 29, 2010; No. 131-FZ of May 23, 2015)
7. Funds (part of the funds) of maternity (family) capital are used to pay the down payment and (or) repay the principal debt and pay interest on loans, including those secured by a mortgage, for the purchase (construction) of residential premises provided to citizens under a loan agreement, including secured by a mortgage, for the purchase (construction) of residential premises, concluded with one of the organizations that is: (As amended by Federal Law No. 131-FZ of May 23, 2015)
1) a credit organization in accordance with the Federal Law “On Banks and Banking Activities”;
2) (Repealed - Federal Law dated 03/08/2015 N 54-FZ)
3) a credit consumer cooperative in accordance with Federal Law No. 190-FZ of July 18, 2009 “On Credit Cooperation”, which has been operating for at least three years from the date of state registration; (As amended by Federal Law dated March 8, 2015 N 54-FZ)
4) another organization providing a loan under a loan agreement, the fulfillment of the obligation under which is secured by a mortgage.
(Part supplemented - Federal Law dated 06/07/2013 N 128-FZ)
8. Funds (part of the funds) of maternity (family) capital are used to pay the down payment and (or) repay the principal debt and pay interest on loans, including those secured by a mortgage, for the purchase (construction) of residential premises, subject to provision by the person who received the certificate , or his spouse, a document confirming his receipt of a loan by non-cash transfer to an account opened by the person who received the certificate or his spouse in a credit institution. (Part supplemented by Federal Law dated 06/07/2013 N 128-FZ) (As amended by Federal Law dated 05/23/2015 N 131-FZ)
Article 11. Direction of maternal (family) capital funds for education of a child (children)
1. Funds (part of the funds) of maternal (family) capital, in accordance with the application for disposal, are directed to the child (children) to receive education in any organization on the territory of the Russian Federation that has the right to provide appropriate educational services. (As amended by federal laws dated July 2, 2013 N 185-FZ; dated December 28, 2017 N 432-FZ)
2. Funds (part of the funds) of maternal (family) capital can be directed to:
1) to pay for paid educational services; (As amended by Federal Law dated December 28, 2017 N 432-FZ)
2) (Repealed - Federal Law of November 16, 2011 N 318-FZ)
3) to pay 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 used to obtain education for both the natural child (children) and the adopted child (children), including the first, second, third child and (or) subsequent children. The age of the child for whose education funds (part of the funds) of maternal (family) capital may be allocated must not exceed 25 years on the date of commencement of training in the relevant educational program.
4. The rules for allocating funds (part of the funds) of maternal (family) capital for the education of a child (children) are established by the Government of the Russian Federation.
Article 11-1. Direction of maternal (family) capital funds for the purchase of goods and services intended for social adaptation and integration into society of disabled children
1. Funds (part of the funds) of maternal (family) capital, on the basis of an application for disposal, are directed to the purchase of goods and services admitted for circulation on the territory of the Russian Federation, intended for social adaptation and integration into society of disabled children, in accordance with an individual rehabilitation program through reimbursement of expenses for the purchase of such goods and services (except for expenses for medical services, as well as for rehabilitation measures, technical means of rehabilitation and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person at the expense of the federal budget in accordance with Federal Law of November 24, 1995 N 181-FZ "On social protection disabled people in the Russian Federation"). The list of goods and services intended for social adaptation and integration into society of disabled children is established by the Government of the Russian Federation.
2. The purchase of goods intended for social adaptation and integration of disabled children into society is confirmed by sales contracts, or sales or cash receipts, or other documents confirming payment for such goods. The availability of goods purchased for a disabled child is confirmed by an inspection report drawn up by the authorized executive body of the constituent entity of the Russian Federation in the field of social services.
3. The purchase of services intended for social adaptation and integration of disabled children into society is confirmed by agreements on their provision concluded with organizations or individual entrepreneurs in the manner established by the legislation of the Russian Federation.
4. Funds (part of the funds) of maternal (family) capital can be used to purchase goods and services intended for social adaptation and integration into society of disabled children, both for the disabled child(ren) and for the adopted one ( adopted), including the first, second, third disabled child and (or) subsequent disabled children.
5. The rules for allocating funds (part of the funds) of maternal (family) capital for the purchase of goods and services intended for social adaptation and integration into society of disabled children, by compensating the costs of purchasing such goods and services, are established by the Government of the Russian Federation.
(Article supplemented - Federal Law dated November 28, 2015 N 348-FZ)
Article 12. Direction of maternal (family) capital funds for the formation of a funded fund
(As amended by Federal Law No. 216-FZ dated July 21, 2014)
1. Funds (part of the funds) of maternal (family) capital submitted by women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law, application for disposal may be sent for the formation of a funded pension in accordance with Federal Law of December 28, 2013 N 424-FZ "On funded pensions", Federal Law of July 24, 2002 N 111-FZ "On investing funds to finance funded pensions in the Russian Federation" and Federal Law of May 7, 1998 N 75-FZ "On non-state pension funds" . (As amended by Federal Law No. 216-FZ dated July 21, 2014)
2. Women who have chosen to allocate funds (part of the funds) of maternal (family) capital for the formation of a funded pension, before the day the funded pension is assigned, have the right to refuse to use the funds (part of the funds) in the specified direction, provided that they are used in the direction (directions) provided for (provided for) by Articles 10, 11 and 11-1 of this Federal Law. (As amended by federal laws dated July 21, 2014 N 216-FZ; dated December 20, 2017 N 411-FZ)
3. An application for refusal to allocate funds (part of the funds) of maternal (family) capital for the formation of a funded pension may be submitted within the time limits established by Part 6 of Article 7 of this Federal Law. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
4. The rules for refusing to allocate funds (part of the funds) of maternal (family) capital for the formation of a funded pension are established by the federal executive body authorized by the Government of the Russian Federation. (As amended by federal laws dated July 23, 2008 N 160-FZ; dated July 21, 2014 N 216-FZ)
5. Women listed in paragraphs 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 the funds) of maternal (family) capital when assigning a funded pension as part of pension savings. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
Article 13. Final and transitional provisions
1. This Federal Law comes into force on January 1, 2007 and applies to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2021. (As amended by federal laws dated December 30, 2015 N 433-FZ; dated December 28, 2017 N 432-FZ)
2. Establish that an 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.
President of the Russian Federation V. Putin
Moscow Kremlin
Orders of the Ministry of Finance and the Federal Tax Service of Russia
"On new forms of tax notifications sent to individuals to pay property taxes and personal income tax"
"On amendments to the Order of the Ministry of Finance of Russia dated July 2, 2010 N 66n"
"On specifying OKTMO codes in tax reporting forms for corporate property tax"
"On the legality of classifying land plots provided to Roshydromet as land plots limited in circulation" (together with the "Letter" of the Ministry of Natural Resources of Russia dated March 14, 2019 N 21-30/5800 "On classifying land plots provided to Roshydromet as land plots used to ensure defense and security, defense industry, customs needs", "Letter" of Roshydromet dated 03/06/2019 N 140-01701/19 and "On the classification of land plots provided to Roshydromet as land
"On the taxation of passenger cars of the brand "VOLVO" model (version) "XC90", brand "Lexus" model (version) "LX 570", brand "Ford" model (version) "Explorer Limited" and brand "BENTLEY CONTINENTAL GT SPEED" transport tax taking into account the increasing coefficient" (together with the "Letter" of the Ministry of Industry and Trade of Russia dated May 21, 2019 N 33173/20)
"On amendments to the order of the Ministry of Finance of the Russian Federation dated June 8, 2018 N 132n "On the Procedure for the formation and application of budget classification codes of the Russian Federation, their structure and principles of purpose"
"On amendments to Appendix No. 24 to the order of the Ministry of Finance of the Russian Federation dated April 11, 2016 No. 116 "On approval of forms of quarterly and annual budget reporting on the execution of the federal budget, the consolidated budget of the Russian Federation and the budgets of state extra-budgetary funds submitted to the Government of the Russian Federation Federation, a list of such forms, as well as recommendations for the formation of some forms"
"On the issue of submitting information on the income of individuals and calculating the amounts of personal income tax calculated and withheld by the tax agent in the event of the closure of a separate division of the organization"
"On amendments to the order of the Federal Tax Service of Russia dated July 15, 2011 N ММВ-7-6/443@"
"On the direction of the letter of the Ministry of Finance of Russia dated 03/01/2019 N 03-11-09/13546" (together with the "Letter" of the Ministry of Finance of Russia dated 03/01/2019 N 03-11-09/13546)
“On sending a letter” (together with the “Letter” of the Ministry of Finance of Russia dated 05/08/2019 N 03-13-08/33666)
"On introducing amendments to the Instructions on the procedure for drawing up and submitting annual and quarterly financial statements of state (municipal) budgetary and autonomous institutions, approved by order of the Ministry of Finance of the Russian Federation dated March 25, 2011 N 33n"
"On amendments to the Instructions on the procedure for drawing up and submitting annual, quarterly and monthly reports on the execution of budgets of the budget system of the Russian Federation, approved by order of the Ministry of Finance of the Russian Federation dated December 28, 2010 N 191n"
"On the placement of the service "Tax calculator for calculating the tax burden"
"On the preparation and placement in a unified information system in the field of procurement of a report on the execution of a contract and (or) on the results of a separate stage of its execution"
"On the issue of conclusion and payment procedure under a contract to a contractor using a simplified taxation system"
"On the placement and provision of information on the unified portal of the budget system of the Russian Federation"
"On amendments to the order of the Ministry of Finance of the Russian Federation dated November 29, 2017 N 209n "On approval of the Procedure for applying the classification of operations of the general government sector"
"On amendments to the order of the Federal Tax Service of Russia dated July 19, 2017 N ED-7-1/561@ (as amended by the order of the Federal Tax Service of Russia dated September 18, 2018 N ММВ-7-1/540@)"
“On the issue of taxation of personal income tax on the income of the landlord of a residential premises in the form of amounts paid by the tenant of a residential premises for utilities in the part that depends on their actual consumption and is recorded on the basis of the readings of properly installed individual metering devices” (together with the “Letter” Ministry of Finance of Russia dated April 29, 2019 N 03-04-07/31733)
"On clarification of the provisions of subparagraph "a" of paragraph 12 of the Rules for treasury support of funds in cases provided for by the federal law "On the federal budget for 2019 and for the planning period of 2020 and 2021""
"On the direction of the order"
"On the application of reduced insurance premium rates by insurance premium payers"
"On the direction of the procedure for assessing the completeness of the information specified by the organization in the application for tax monitoring and documents (information)"
"About the direction of the review judicial practice on disputes related to the qualification of the activities of individuals as entrepreneurial for tax purposes"
"On increasing the efficiency of work and optimizing the structures of departments of the Federal Tax Service of Russia in the constituent entities of the Russian Federation"
“On the calculation of periods determined up to a specific date without indicating “inclusive””
"On approval of the plan for preparing the Unified Contact Center of the Federal Tax Service of Russia for conducting an information campaign on the payment of property taxes of individuals in 2019"
"On the tax rate in relation to dacha land plots in connection with the entry into force of Part 7 of Article 54 of Federal Law dated 07/29/2017 N 217-FZ from 01/01/2019" (together with the "Letter" of the Ministry of Finance of Russia dated 04/27/2019 N 03-05 -04-02/31408 "On the calculation of land tax in relation to dacha land plots")
“On the issue of calculating insurance premiums by individual entrepreneurs who, during the billing period, switched to the special tax regime “Tax on Professional Income”, and then lost the right to apply or refused to apply this special tax regime” (together with the “Letter” of the Ministry of Finance of Russia dated 04/15/2019 N 03-15-07/26948)
Federal Law of December 29, 2006 N 256-FZ (as amended on March 7, 2018) “On additional measures of state support for families with children”
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT ADDITIONAL MEASURES
STATE SUPPORT FOR FAMILIES WITH CHILDREN
State Duma
Federation Council
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 of international law, international treaties of the Russian Federation and consists of this Federal Law, other federal laws, as well as those issued in accordance with them other regulatory legal acts of the Russian Federation. For the purpose of uniform application of this Federal Law, if necessary, appropriate clarifications 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 governments may establish additional measures to support families with children, using funds from the budgets of the constituent entities of the Russian Federation and local budgets, respectively.
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 provide the opportunity to improve living conditions, obtain education, social adaptation and integration into society of disabled children, as well as increase the level of pensions, taking into account the features established by this Federal Law (hereinafter - additional government support measures);
2) maternal (family) capital - federal budget funds 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) state certificate for maternity (family) capital - a personal document confirming the right to additional measures of state support.
Article 3. 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) having citizenship of the Russian Federation for the following citizens of the Russian Federation, regardless of their place of residence:
2) women who gave birth (adopted) a third child or subsequent children starting from January 1, 2007, if they had not previously exercised the right to additional measures of state support;
3) men who are the sole adoptive parents of a 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 legal force starting from January 1, 2007.
2. When the right to additional measures of state support for 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 the adoption was canceled, as well as adopted children who at the time of adoption were stepsons or stepdaughters of these persons.
3. The right of women specified in part 1 of this article to additional measures of state support ceases and arises with the father (adoptive parent) of the child, regardless of the citizenship of the Russian Federation or the status of a stateless person in cases of the death of a woman, her declaration of death, deprivation of parental rights in in relation to a child, in connection with whose birth the right to additional measures of state support has arisen, in relation to his child (children) committing an intentional crime related to crimes against the person, as well as in the event of cancellation of the adoption of a child, in connection with whose adoption the right to additional measures has arisen government support measures. The right to additional measures of state support does not arise for the specified person if he is a stepfather in relation to a previous child, whose order of birth (adoption) was taken into account when the right to additional measures of state support arose, as well as if the child, in connection with the birth (adoption) whose right to additional measures of state support arose, was recognized in the manner prescribed by the Family Code of the Russian Federation, after the death of the mother (adoptive parent), left without parental care.
4. In cases where the father (adoptive parent) of a child, who, in accordance with Part 3 of this article, has the right to additional measures of state support, or a man who is the sole adoptive parent of a child, has died, been declared dead, or has been deprived of parental rights in relation to the child, in in connection with whose birth the right to additional measures of state support arose, committed an intentional crime in relation to his child (children), related to crimes against the person, or if in relation to these persons the adoption of a child was canceled, in connection with whose adoption the right to additional measures of state support arose support, their right to additional measures of state support ceases and arises for a child (children in equal shares) who have not reached the age of majority, and (or) an adult child (children in equal shares) studying full-time in an educational organization (with the exception of organization of additional education) until the end of such training, but no longer than until he reaches the age of 23 years.
5. The right to additional measures of state support arises for the child (children in equal shares) specified in part 4 of this article, if the woman whose right to additional measures of state support was terminated on the grounds specified in part 3 of this article was the only parent (adoptive parent) of a child, in connection with whose birth (adoption) 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 for a child (children in equal shares) on the grounds provided for in parts 4 and 5 of this article is terminated in the event of his death or being declared dead.
7. The right to additional measures of state support arises from the date of birth (adoption) of the second, third child or subsequent children, regardless of the period of time that has passed from 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, except for the cases provided for in Part 6.1 of Article 7 of this Federal Law.
Article 4. Federal register of persons entitled to additional measures of state support
1. In order to ensure registration of persons entitled to additional measures of state support and the implementation of this right, a 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) surname, first name, patronymic, as well as the surname that the person had at birth;
3) date of birth;
5) address of residence;
6) series and number of the passport or data of another identification document, the date of issue of these documents, on the basis of which the relevant information was included in the register, the name of the authority that issued them;
7) 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, order of birth (adoption), citizenship);
9) information about maternal (family) capital (the amount of maternal (family) capital, the chosen direction(s) of its disposal and its use);
10) information about the termination of the right to additional measures of state support.
3. Information about a person contained in the register, in accordance with the legislation of the Russian Federation, refers to the 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 exercising the functions of developing state policy and legal regulation in the field of healthcare and social development.
5. Information about persons contained in the register is a state information resource, the functions of which are carried out by the Pension Fund of the Russian Federation.
6. Information about persons contained in the register is provided by the Pension Fund of the Russian Federation and its territorial bodies upon interdepartmental requests from bodies providing public services or bodies providing municipal services, in compliance with the requirements of Federal Law of July 27, 2006 N 152-FZ " About personal data."
7. Information on the establishment of additional measures of state support for persons specified in part 2 of this article is posted in the Unified State Social Security Information System. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with the Federal Law of July 17, 1999 N 178-FZ “On State social assistance".
Article 5. State certificate for maternal (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 the age of majority, in cases provided for in parts 4 and 5 of Article 3 of this Federal Law, has the right to apply directly or through a multifunctional center for the provision of state and municipal services (hereinafter - the multifunctional center) to the territorial body of the Pension Fund of the Russian Federation to receive a state certificate for maternity (family) capital on paper or in the form of an electronic document (hereinafter - certificate) at any time after the right to additional measures of state support arises by submitting an appropriate application with all the necessary documents (their copies, the accuracy of which is certified in the manner prescribed by law).
1.1. Documents (copies of documents, information) necessary to make a decision on issuing or refusing to issue a certificate are requested by the Pension Fund of the Russian Federation and its territorial bodies from bodies providing public services, bodies providing municipal services, other government bodies, local government bodies 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 person who received the certificate did not submit the specified documents independently. The relevant bodies and organizations are obliged to consider interdepartmental requests from the Pension Fund of the Russian Federation and its territorial bodies and send a response within a period not exceeding five calendar days from the date of their receipt by such bodies and organizations.
2. The form of the certificate, the rules for submitting an application for the issuance of a certificate and the rules for issuing a certificate (its duplicate) are established by the federal executive body authorized by the Government of the Russian Federation.
3. The decision to issue or refuse to issue a certificate is 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 the certificate.
4. When considering an application for a certificate, the territorial body of the Pension Fund of the Russian Federation has the right to check the accuracy of the information contained in the submitted documents and, if necessary, request additional information from the relevant authorities, including information about the facts of deprivation of parental rights, about the cancellation of adoption, about the commission of an intentional 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 from 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, sends the person who submitted the application for the certificate a notice of approval or refusal of his application. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center.
6. The 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) provision of false information, including information about the order of birth (adoption) and (or) the citizenship of the child, in connection with whose birth (adoption) 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 maternal (family) capital in full.
7. In case of refusal to satisfy an application for issuing a certificate, the corresponding notification sets out the grounds in accordance with which the territorial body of the Pension Fund of the Russian Federation made such a decision. A decision to refuse an application for a certificate may be appealed to a higher body of the Pension Fund of the Russian Federation or to a court in accordance with the established procedure.
8. Persons who submitted an application for 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 established by this article.
10. Upon reaching the age of majority by the child (children) or upon acquiring full legal capacity before reaching the age of majority, the legal representatives are obliged to transfer the certificate to the child (children).
Article 6. Amount of maternal (family) capital
1. Maternal (family) capital is set at 250,000 rubles.
2. The amount of maternity (family) capital is reviewed annually taking into account the growth rate of inflation and is established by the federal law on the federal budget for the corresponding financial year and for the planning period. The amount of the remaining amount of maternal (family) capital is reviewed in the same manner.
3. The amount of maternity (family) capital is 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. The Pension Fund of the Russian Federation, at the request of the person who received the certificate, provides information on the amount of maternal (family) capital or, in the case of disposing of part of the maternal (family) capital, on the amount of its remaining part on paper or in electronic form in accordance with the requirements established Article 10 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”. The procedure for providing a person who has received a certificate, upon his request, with information on the amount of maternal (family) capital, or in the case of disposing of part of maternal (family) capital, on the amount of its remaining part, is established by the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the field of labor and social protection of the population.
Article 7. Disposal of maternal (family) capital funds
1. The disposal of funds (part of the funds) of maternal (family) capital is carried out by persons specified in parts 1 and 3 of Article 3 of this Federal Law, who have received a certificate, by submitting to the territorial body of the Pension Fund of the Russian Federation directly or through a multifunctional center an application for the disposal of maternal funds (family) capital (hereinafter referred to as the application for disposal), which indicates the direction of use of maternal (family) capital in accordance with this Federal Law.
2. In cases where a child (children) has 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 maternal (family) capital funds is carried out by the adoptive parents, guardians (trustees) or adoptive parents of the child (children) with the prior permission of the guardianship and trusteeship authority or by the child (children) themselves upon reaching adulthood or acquiring full legal capacity before reaching adulthood. An application for an order may be submitted by adoptive parents, guardians (trustees) or adoptive parents of a child (children) no earlier than three years from the date of birth of the child, except for the cases provided for in part 6.1 of this article. If the right to additional measures of state support arose in connection with the adoption of a given child, an application for an order may be submitted no earlier than three years after the specified date, except for the cases provided for in part 6.1 of this article. Disposal of the funds of maternal (family) capital, the right to which has arisen in a child (children) left without parental care and located in an institution for orphans and children left without parental care, is not carried out by the child (children) before he (them) reaches the age of majority or acquires full legal capacity before reaching the age of majority.
3. Persons who have received a certificate can manage maternity (family) capital funds in full or in parts in the following areas:
1) improvement of living conditions;
2) education of the child (children);
3) formation of a funded pension for women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law;
4) purchase of goods and services intended for social adaptation and integration of disabled children into society;
5) receiving a monthly payment in accordance with the Federal Law “On Monthly Payments to Families with Children.”
4. The disposal of maternal (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 the list of documents necessary to exercise the right to dispose of funds of maternal (family) capital, are established by the federal executive body authorized by the Government of the Russian Federation.
6. An application for disposal may be submitted at any time after three years from the date of birth (adoption) of the second, third child or subsequent children, except for the cases provided for in part 6.1 of this article.
6.1. An application for disposal can be submitted at any time from the date of birth (adoption) of the second, third child or subsequent children if it is necessary to use funds (part of the funds) of maternal (family) capital to pay the down payment and (or) repay the principal debt and pay interest for loans or loans for the purchase (construction) of residential premises, including mortgage loans, provided to citizens under a credit agreement (loan agreement) concluded with an organization, including a credit institution, for the purchase of goods and services intended for social adaptation and integration into society children with disabilities, to pay for paid educational services for the implementation of educational programs of preschool education, to pay for other expenses related to obtaining preschool education, as well as to receive a monthly payment in the manner and on the terms provided by the Federal Law "On Monthly Payments to Families with Children ".
7. If the funds of maternity (family) capital are disposed of in full by persons who have received the certificate, the territorial body of the Pension Fund of the Russian Federation, within the 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. 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. An 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 the necessary documents (their copies, the accuracy of which is certified in the manner prescribed by law), based on the results of which a decision is made to satisfy or refuse to satisfy statements of order.
1.1. Documents (copies of documents, information) necessary to make a decision on granting or refusing to satisfy an application for disposal are requested by the Pension Fund of the Russian Federation and its territorial bodies from 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 the specified documents independently. The relevant authorities are obliged to consider interdepartmental requests from the Pension Fund of the Russian Federation and its territorial bodies and send a response within the time limit established by Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services.”
1.2. When considering an application for a disposition, 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 relevant authorities. These requests from 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.
2. An application for disposal may be refused in the following cases:
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 disposal;
3) indications in the application for direction of the use of funds (part of the funds) of maternal (family) capital not provided for by this Federal Law;
4) indications in the application for the disposal of an amount (its parts in total) exceeding the full amount of maternal (family) capital, which the person who submitted the application for 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 whose birth the right to additional measures of state support arose, on the date of the decision on the application for disposition filed by the specified person ( until the restrictions on parental rights are lifted in accordance with the established procedure);
6) removal of a child, in connection with whose birth 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 removal of the child);
7) non-compliance of the organization with which the loan agreement for the purchase (construction) of residential premises was concluded with the requirements established by Part 7 of Article 10 of this Federal Law, as well as non-compliance with the conditions established by Part 8 of Article 10 of this Federal Law.
3. The territorial body of the Pension Fund of the Russian Federation, no later than five days from the date of the relevant decision, sends the person who submitted the application for the order a notice of satisfaction or refusal of his application. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center.
4. In case of refusal to satisfy the application for disposal, the corresponding notification sets out the grounds in accordance with which the territorial body of the Pension Fund of the Russian Federation made such a decision.
5. Notification of applicants is carried out by the territorial body of the Pension Fund of the Russian Federation in a form that ensures the possibility of confirming the fact of notification. If the applicant applies through the multifunctional center, the specified notification is sent to the multifunctional center.
6. A decision to refuse to satisfy an application for an order may be appealed to a higher body of the Pension Fund of the Russian Federation or to a court in accordance with the established procedure.
7. If the application for disposal is satisfied, the territorial body of the Pension Fund of the Russian Federation ensures the transfer of maternal (family) capital funds in accordance with the application for disposal in the manner and within the time frame established by the Government of the Russian Federation.
Article 9. Transfer of maternal (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. Maternity (family) capital funds 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. 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 the transfer, the volume of transferred funds, is established by the Government of the Russian Federation.
2. 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 budget legislation of the Russian Federation. At the same time, the expenditure side of the budget of the Pension Fund of the Russian Federation provides for the allocation of appropriate funds on the basis of applications for disposal in accordance with Articles 10, 11 and 11.1 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 budget expenditures of the Pension Fund of the Russian Federation for the corresponding financial year in composition of expenses for maintaining the 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, accounting for transactions related to the enrollment, use and expenditure of maternal (family) capital funds is maintained by the Pension Fund of the Russian Federation in the appropriate budget accounting accounts in accordance with the budget legislation of the Russian Federation.
Article 10. Direction of maternal (family) capital funds to improve housing conditions
1. Funds (part of the funds) of maternity (family) capital in accordance with the application for disposal may be directed to:
1) for the acquisition (construction) of residential premises, carried out by citizens through any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of the specified funds to the organization carrying out the alienation (construction) residential premises being acquired (under construction), either to an individual alienating the acquired residential premises, or to an organization, including a credit institution, which provided funds for the specified purposes under a credit agreement (loan agreement);
2) for the construction, reconstruction of an individual housing construction project, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction project, including under a construction contract, by transferring the specified funds to the bank account of the person who received the certificate.
1.1. Part of the maternity (family) capital funds in an amount not exceeding 50 percent of the amount of maternity (family) capital funds due to the person who received the certificate as of the date of filing an application for disposal may be issued in accordance with paragraph 2 of part 1 of this article to the specified person for the construction (reconstruction) of an individual housing construction project upon presentation of the following, certified in the manner prescribed by law:
1) copies of documents of the person who received the certificate, or his spouse, confirming the right of ownership of the land plot, the right of permanent (indefinite) use of the land plot, the right of lifelong inheritable ownership of the land plot, the right to lease the land plot or the right to free use of the land plot, intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction project is carried out;
2) copies of the construction permit issued to the person who received the certificate or his spouse;
3) extracts from the Unified State Register of Real Estate on the rights of the person who received the certificate or his spouse to an individual housing construction project in the event of its reconstruction;
4) a written obligation of the person (persons) for whom the construction permit is issued, within six months after receiving the cadastral passport of the individual housing construction project, to register the residential premises built (reconstructed) using funds (part of the funds) of the maternal (family) capital, in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
1.1-1. The documents provided for in paragraphs 1 - 3 of part 1.1 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies from state bodies, local government bodies, state extra-budgetary funds and organizations subordinate to state bodies or local government bodies, if these documents are at the disposal of such bodies or the organizations and the person who received the certificate did not submit the specified documents independently.
1.2. Part of the funds of maternity (family) capital remaining as a result of their disposal in accordance with part 1.1 of this article can be used for the same purposes no earlier than six months from the date of the previous transfer of part of the funds of maternity (family) capital when presented by a person who have received a certificate, a document from the body authorized to issue a building permit, confirming the carrying out of basic work on the construction of an individual housing construction project (installation of the foundation, erection of walls and roofing) or the carrying out of reconstruction work on an individual housing construction project, as a result of which the total area of the residential premises ( residential premises) of the reconstructed facility increases by no less than the accounting standard for the area of residential premises established in accordance with the housing legislation of the Russian Federation. The issuance of the specified document is carried out in a form approved by the federal executive body authorized by the Government of the Russian Federation, in the manner determined by the Government of the Russian Federation.
1.3. Funds of maternity (family) capital, on the basis of an application for the disposal of a person who has received a certificate, may be issued in accordance with paragraph 2 of part 1 of this article to the specified person to compensate for the costs of something built (reconstructed taking into account the requirements of part 1.2 of this article) by him or his spouse ( spouse) an individual housing construction project upon presentation of the following certified in the manner prescribed by law:
1) copies of documents of the person who received the certificate, or his spouse, confirming the right of ownership of the land plot, the right of permanent (indefinite) use of the land plot, the right of lifelong inheritable ownership of the land plot, the right to lease the land plot or the right to free use of the land plot, intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction project was carried out;
2) extracts from the Unified State Register of Real Estate on the rights of the person who received the certificate or his spouse to a constructed individual housing construction project that arose no earlier than January 1, 2007, or to an individual housing construction project reconstructed after January 1, 2007 - regardless from the date of occurrence of the specified right;
3) a written obligation of the person (persons) whose property is the individual housing construction object to register the specified object as the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) within six months after the transfer of maternal (family) capital funds by the Pension Fund of the Russian Federation - if the individual housing construction project is not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).
1.4. The documents specified in paragraphs 1 and 2 of part 1.3 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies from bodies providing public services, bodies providing municipal services, other government bodies, local government bodies and subordinate state bodies or local government bodies organizations, if the specified documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit the specified documents independently.
2. Funds (part of the funds) of maternity (family) capital can be used to fulfill obligations related to the improvement of housing conditions that arose before the date of acquisition of the right to additional measures of state support.
3. Residential premises purchased using funds (part of the funds) of maternal (family) capital must be located on the territory of the Russian Federation.
4. Residential premises acquired (built, reconstructed) using funds (part of the funds) of maternal (family) capital are registered in the common ownership of parents, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement.
5. The rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions are established by the Government of the Russian Federation.
6. Funds (part of the funds) of maternity (family) capital may be used to pay the down payment and (or) repay the principal debt and pay interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans provided to citizens under a loan agreement ( loan agreement) concluded with an organization, including a credit organization, regardless of the period that has expired from the date of birth (adoption) of the second, third child or subsequent children.
7. Funds (part of the funds) of maternity (family) capital are used to pay the down payment and (or) repay the principal debt and pay interest on loans, including those secured by a mortgage, for the purchase (construction) of residential premises provided to citizens under a loan agreement, including secured by a mortgage, for the purchase (construction) of residential premises, concluded with one of the organizations that is:
1) a credit organization in accordance with the Federal Law “On Banks and Banking Activities”;
2) has become invalid. - Federal Law of 03/08/2015 N 54-FZ;
3) a credit consumer cooperative in accordance with Federal Law No. 190-FZ of July 18, 2009 “On Credit Cooperation”, which has been operating for at least three years from the date of state registration;
4) another organization providing a loan under a loan agreement, the fulfillment of the obligation under which is secured by a mortgage.
8. Funds (part of the funds) of maternity (family) capital are used to pay the down payment and (or) repay the principal debt and pay interest on loans, including those secured by a mortgage, for the purchase (construction) of residential premises, subject to provision by the person who received the certificate , or his spouse, a document confirming his receipt of a loan by non-cash transfer to an account opened by the person who received the certificate or his spouse in a credit institution.
Article 11. Direction of maternal (family) capital funds for education of a child (children)
1. Funds (part of the funds) of maternal (family) capital, in accordance with the application for disposal, are directed to the child (children) to receive education in any organization on the territory of the Russian Federation that has the right to provide appropriate educational services.
2. Funds (part of the funds) of maternal (family) capital can be directed to:
1) to pay for paid educational services;
3) to pay 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 used to obtain education for both the natural child (children) and the adopted child (children), including the first, second, third child and (or) subsequent children. The age of the child for whose education funds (part of the funds) of maternal (family) capital may be allocated must not exceed 25 years on the date of commencement of training in the relevant educational program.
4. The rules for allocating funds (part of the funds) of maternal (family) capital for the education of a child (children) are established by the Government of the Russian Federation.
Article 11.1. Direction of maternal (family) capital funds for the purchase of goods and services intended for social adaptation and integration into society of disabled children
1. Funds (part of the funds) of maternal (family) capital, on the basis of an application for disposal, are directed to the purchase of goods and services admitted for circulation on the territory of the Russian Federation, intended for social adaptation and integration into society of disabled children, in accordance with individual program rehabilitation by compensating the costs of purchasing such goods and services (with the exception of expenses for medical services, as well as for rehabilitation measures, technical means of rehabilitation and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person at the expense of the federal budget in in accordance with the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation"). The list of goods and services intended for social adaptation and integration of disabled children into society is established by the Government of the Russian Federation.
2. The purchase of goods intended for social adaptation and integration of disabled children into society is confirmed by sales contracts, or sales or cash receipts, or other documents confirming payment for such goods. The availability of goods purchased for a disabled child is confirmed by an inspection report drawn up by the authorized executive body of the constituent entity of the Russian Federation in the field of social services.
3. The purchase of services intended for social adaptation and integration of disabled children into society is confirmed by agreements on their provision concluded with organizations or individual entrepreneurs in the manner established by the legislation of the Russian Federation.
4. Funds (part of the funds) of maternal (family) capital can be used to purchase goods and services intended for social adaptation and integration into society of disabled children, both for the disabled child(ren) and for the adopted one ( adopted), including the first, second, third disabled child and (or) subsequent disabled children.
5. The rules for allocating funds (part of the funds) of maternal (family) capital for the purchase of goods and services intended for social adaptation and integration into society of disabled children, by compensating the costs of purchasing such goods and services, are established by the Government of the Russian Federation.
Article 12. Direction of maternal (family) capital funds for the formation of a funded pension
1. Funds (part of the funds) of maternal (family) capital submitted by women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law, application for disposal may be sent for the formation of a funded pension in accordance with Federal Law of December 28, 2013 N 424-FZ "On funded pensions", Federal Law of July 24, 2002 N 111-FZ "On investing funds to finance funded pensions in the Russian Federation" and Federal Law of May 7, 1998 N 75-FZ "On non-state pension funds" .
2. Women who have chosen to allocate funds (part of the funds) of maternal (family) capital for the formation of a funded pension, before the day the funded pension is assigned, have the right to refuse to use the funds (part of the funds) in the specified direction, provided that they are used in the direction (directions) provided for (provided for) by Articles 10, 11 and 11.1 of this Federal Law.
3. An application for refusal to allocate funds (part of the funds) of maternal (family) capital for the formation of a funded 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 allocate funds (part of the funds) of maternal (family) capital for the formation of a funded pension are established by the federal executive body authorized by the Government of the Russian Federation.
5. Women listed in paragraphs 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 the funds) of maternal (family) capital when assigning a funded pension as part of pension savings.
Article 13. Final and transitional provisions
1. This Federal Law comes into force on January 1, 2007 and applies to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2021.
2. Establish that an 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
Moscow Kremlin