Legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases. Legislation of the Russian Federation on compulsory social insurance against industrial accidents

RUSSIAN FEDERATION

THE FEDERAL LAW
dated 24.07.98 N 125-FZ

ON MANDATORY SOCIAL INSURANCE FROM ACCIDENTS
OCCUPATIONAL INCIDENTS AND OCCUPATIONAL DISEASES

(as amended by the Federal Laws of July 17, 1999 N 181-FZ,
dated October 25, 2001 N 141-FZ, dated December 30, 2001 N 196-FZ,
Labor Code of the Russian Federation of December 30, 2001 N 197-FZ,
Federal laws of November 26, 2002 N 152-FZ,
dated 22.04.2003 N 47-FZ, dated 07.07.2003 N 118-FZ,
dated October 23, 2003 N 132-FZ, dated December 23, 2003 N 185-FZ,
dated 22.08.2004 N 122-FZ, dated 01.12.2004 N 152-FZ,
dated 29.12.2006 N 259-FZ, dated 21.07.2007 N 192-FZ,
dated 23.07.2008 N 160-FZ, dated 24.07.2009 N 213-FZ,
dated November 28, 2009 N 295-FZ, dated May 19, 2010 N 90-FZ,
dated 07/27/2010 N 226-FZ, dated 11/29/2010 N 313-FZ,
dated 08.12.2010 N 348-FZ, dated 09.12.2010 N 350-FZ,
dated 06.11.2011 N 300-FZ, dated 03.12.2011 N 383-FZ,
as amended by Federal Laws No. 10-FZ of January 2, 2000,
dated 11.02.2002 N 17-FZ, dated 08.02.2003 N 25-FZ,
dated 08.12.2003 N 166-FZ, dated 29.12.2004 N 202-FZ,
dated December 22, 2005 N 180-FZ, dated December 19, 2006 N 234-FZ,
dated 21.07.2007 N 183-FZ)

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations for compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment contract and in other cases established by this Federal Law .

Chapter 1. GENERAL PROVISIONS

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:

ensuring social protection of the insured and economic interest of insurance subjects in reducing occupational risk;
compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract and in other cases established by this Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and professional rehabilitation;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
ensuring preventive measures to reduce industrial injuries and occupational diseases.

2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, to the extent that it exceeds the insurance coverage provided in accordance with this Federal Law.

In the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with this Federal Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the owner of a hazardous facility for causing harm as a result of an accident at a hazardous facility.
(paragraph introduced by Federal Law No. 226-FZ of July 27, 2010)

3. Bodies of state power of the subjects of the Russian Federation, local governments, as well as organizations and citizens hiring employees, in addition to compulsory social insurance provided for by this Federal Law, have the right to carry out at their own expense other types of insurance for employees provided for by the legislation of the Russian Federation.

Article 2

The legislation of the Russian Federation on compulsory social insurance against accidents at work and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, federal laws adopted in accordance with it and other regulatory legal acts of the Russian Federation.

If an international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, then the rules of the international treaty of the Russian Federation shall apply.

Article 3. Basic concepts used in this Federal Law

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

the object of compulsory social insurance against accidents at work and occupational diseases - the property interests of individuals associated with the loss of these individuals of health, professional disability or their death due to an accident at work or occupational disease;
subjects of insurance - the insured, the policyholder, the insurer;
insured:
an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of paragraph 1 of Article 5 of this Federal Law;
an individual who has received damage to health as a result of an accident at work or an occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work;
insured - a legal entity of any organizational and legal form (including a foreign organization operating in the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with paragraph 1 of Article 5 of this Federal Law;
insurer - Social Insurance Fund of the Russian Federation;
insured event - the fact of damage to the health of the insured as a result of an accident at work or an occupational disease, confirmed in accordance with the established procedure, which entails the insurer's obligation to provide insurance coverage;
accident at work - an event as a result of which the insured received an injury or other damage to health in the performance of his duties under an employment contract and in other cases established by this Federal Law both on the territory of the insured and outside it or while traveling to the place of work or return from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
occupational disease - a chronic or acute illness of the insured, which is the result of the impact on him of a harmful (harmful) production (production) factor (factors) and caused temporary or permanent loss of his professional ability to work;
insurance premium - a mandatory payment for compulsory social insurance against accidents at work and occupational diseases, calculated on the basis of the insurance tariff, a discount (surcharge) to the insurance tariff, which the insured is obliged to pay to the insurer;
insurance rate - the rate of the insurance premium calculated on the basis of the amounts of payments and other remunerations accrued in favor of the insured under labor contracts and civil law contracts and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
insurance provision - insurance compensation for harm caused as a result of an insured event to the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or persons entitled to it in accordance with this Federal Law;
occupational risk - the probability of damage (loss) of health or death of the insured, associated with the performance of his duties under an employment contract and in other cases established by this Federal Law;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
class of occupational risk - the level of occupational injuries, occupational morbidity and insurance costs, established by types of economic activity of insurers;
professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;
the degree of loss of professional capacity for work - a persistent decrease in the ability of the insured to carry out professional activities, expressed as a percentage, before the occurrence of an insured event;
earnings of the insured - all types of payments and other remuneration (both at the main place of work and part-time) in favor of the insured, paid under employment contracts and civil law contracts and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law .
(paragraph introduced by Federal Law No. 348-FZ of December 8, 2010)

Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases

The main principles of compulsory social insurance against industrial accidents and occupational diseases are:

guaranteeing the right of the insured to insurance coverage;
economic interest of subjects of insurance in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity;
obligatory registration as insurers of all persons hiring (attracting to work) workers subject to compulsory social insurance against accidents at work and occupational diseases;
mandatory payment of insurance premiums by insurers;
differentiation of insurance rates depending on the class of occupational risk.

Article 5. Persons subject to compulsory social insurance against accidents at work and occupational diseases

1. Compulsory social insurance against accidents at work and occupational diseases are subject to:

individuals performing work on the basis of an employment contract concluded with the insured;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
individuals sentenced to imprisonment and employed by the insured.

Individuals performing work on the basis of a civil law contract are subject to compulsory social insurance against accidents at work and occupational diseases, if, in accordance with the said contract, the insured is obliged to pay insurance premiums to the insurer.

2. This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation.

Article 6. Registration of policyholders

Registration of policyholders is carried out in the executive bodies of the insurer:

policyholders - legal entities within five days from the date of submission to the executive bodies of the insurer by the federal executive body that carries out state registration of legal entities, the information contained in the unified state register of legal entities and submitted in the manner established by the federal executive body authorized by the Government of the Russian Federation;
policyholders - legal entities at the location of their separate subdivisions that have a separate balance sheet, current account and accrue payments and other remuneration in favor of individuals, on the basis of an application for registration as an insurant, submitted no later than 30 days from the date of creation of such a separate subdivision ;
policyholders - individuals who have concluded an employment contract with an employee, on the basis of an application for registration as an insurer, submitted no later than 10 days from the date of conclusion of an employment contract with the first of the hired employees;
policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, on the basis of an application for registration as an insurant, submitted no later than 10 days from the date of conclusion of the said contract.

The procedure for registration of policyholders specified in paragraphs three, four and five of part one of this article shall be established by the insurer.

Article 7. Right to insurance security

1. The right of the insured to insurance coverage arises from the day the insured event occurs.

2. The right to receive insurance payments in the event of the death of the insured as a result of an insured event have:

disabled persons who were dependents of the deceased or had the right to receive maintenance from him by the day of his death;
the child of the deceased, born after his death;
one of the parents, spouse (wife) or other family member, regardless of his ability to work, who does not work and is busy caring for the dependent children of the deceased, his grandchildren, brothers and sisters who have not reached the age of 14 years, or although they have reached the specified age, but according to the conclusion of the institution of the state service of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or medical and preventive institutions of the state healthcare system recognized as needing outside care for health reasons;
persons dependent on the deceased who became disabled within five years from the date of his death.

In the event of the death of the insured, one of the parents, spouse or other family member who is unemployed and is engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the period of care, retains the right to receive insurance payments after the end of care for these persons . Dependency of minor children is assumed and does not require proof.

3. Insurance payments in case of death of the insured are paid:

minors - until they reach the age of 18 years;
students over 18 years of age - until the end of their studies in educational institutions in full-time education, but not more than up to 23 years;
women who have reached the age of 55 and men who have reached the age of 60 - for life;
disabled people - for the period of disability;
one of the parents, spouse (wife) or other family member who is not working and is busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their state of health.

4. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who, during the life of the insured, had earnings, in the event that part of the earnings of the insured was their permanent and main source of livelihood.

5. Persons whose right to receive compensation for harm was previously established in accordance with the legislation of the USSR or the legislation of the Russian Federation on compensation for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, shall be entitled to insurance coverage from the date of entry into force of this Federal Law.

Chapter II. INSURANCE SECURITY

Article 8. Types of security for insurance

1. Provision for insurance is carried out:

1) in the form of a temporary disability benefit, appointed in connection with an insured event and paid at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;

2) in the form of insurance payments:

a one-time insurance payment to the insured person or persons entitled to receive such payment in the event of his death;
monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;

3) in the form of payment of additional expenses associated with the medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:

treatment of the insured carried out on the territory of the Russian Federation immediately after a serious accident at work has occurred until the restoration of working capacity or the establishment of a permanent loss of professional ability to work;
purchase of medicines, medical devices and personal care;
extraneous (special medical and domestic) care for the insured, including those carried out by members of his family;
the travel of the insured, and, if necessary, the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a severe accident at work, medical rehabilitation in organizations providing sanatorium and resort services, obtaining a special vehicle, ordering, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation) and when sent by the insurer to the institution of medical and social expertise and to the institution that examines the connection of the disease with the profession;
medical rehabilitation in organizations providing sanatorium and resort services, including on a voucher, including payment for treatment, accommodation and meals for the insured, and, if necessary, payment for travel, accommodation and meals for the person accompanying him, payment for the insured’s vacation (in excess of the annual paid leave established by legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
production and repair of prostheses, prosthetic and orthopedic products and orthoses;
providing technical means of rehabilitation and their repair;
provision of vehicles in the presence of relevant medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;
vocational training (retraining).

2. Payment of additional expenses provided for by subparagraph 3 of paragraph 1 of this article, with the exception of payment of expenses for the treatment of the insured immediately after a severe accident at work, is made by the insurer if the institution of medical and social expertise establishes that the insured needs in accordance with the program for the rehabilitation of the victim as a result of an accident at work and an occupational disease in the specified types of assistance, provision or care. The conditions, amounts and procedure for payment of such expenses are determined by the Government of the Russian Federation.

If the insured person simultaneously has the right to free or preferential receipt of the same types of assistance, provision or care in accordance with this Federal Law and other federal laws, regulatory legal acts of the Russian Federation, he is granted the right to choose the appropriate type of assistance, provision or care one by one. basis.

3. Compensation to the insured for lost earnings in terms of remuneration under a civil law contract, in accordance with which the employer does not provide for the obligation to pay insurance premiums to the insurer, as well as in terms of paying royalties, for which insurance premiums have not been accrued, is carried out by the tortfeasor.

Compensation to the insured person for moral damage caused in connection with an accident at work or an occupational disease is carried out by the tortfeasor.

Article 9

Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or establishment of a permanent loss of professional ability to work in the amount of 100 percent of his average earnings, calculated in accordance with the legislation of the Russian Federation on benefits for temporary disability .

Article 10. Lump sum insurance payments and monthly insurance payments

1. One-time insurance payments and monthly insurance payments are assigned and paid:

to the insured - if, according to the conclusion of the institution of medical and social expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;
persons entitled to receive them - if the result of the insured event was the death of the insured.

2. One-time insurance payments are paid to the insured no later than one calendar month from the date of assignment of the said payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date of submission by the insured to the insurer of all documents necessary for the assignment of such payments.

3. Monthly insurance payments are paid to the insured during the entire period of permanent loss of their professional ability to work, and in the event of the death of the insured to persons entitled to receive them, within the periods established by paragraph 3 of Article 7 of this Federal Law.

4. When calculating insurance payments, all pensions, benefits and other similar payments assigned to the insured person both before and after the occurrence of the insured event do not entail a reduction in their amount. Also, earnings received by the insured after the occurrence of an insured event shall not be included in the account of insurance payments.

Article 11

1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of professional capacity for work by the insured person, based on the maximum amount established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. In the event of the death of the insured, the lump-sum insurance payment is set in the amount equal to the specified maximum amount.

2. In areas where regional coefficients are established, percentage bonuses to wages, the amount of a lump-sum insurance payment is determined taking into account these coefficients and bonuses.

3. The degree of loss of professional capacity for work by the insured is established by the institution of medical and social expertise.

The procedure for establishing the degree of loss of professional ability to work as a result of accidents at work and occupational diseases is determined by the Government of the Russian Federation.

Article 12. Amount of monthly insurance payment

1. The amount of the monthly insurance payment is determined as a share of the average monthly earnings of the insured person, calculated in accordance with the degree of loss of his professional ability to work.

2. When calculating the amount of earnings lost by the insured as a result of an insured event, the amount of remuneration under civil law contracts and the amount of royalties are taken into account if insurance premiums were charged to the insurer from them. The amounts of remuneration under civil law contracts and the amounts of royalties are taken into account if they provided for the payment of insurance premiums to the insurer. For the period of temporary incapacity for work or maternity leave, allowances paid on the specified grounds are taken into account.

All types of earnings are taken into account in the amounts accrued before taxes, fees and other obligatory payments.

In areas where district coefficients are established, percentage bonuses to wages, the amount of the monthly insurance payment is determined taking into account these coefficients and bonuses.

When calculating the average monthly earnings of the insured, sent by the insured to work outside the territory of the Russian Federation, both the amounts of earnings at the main place of work and the amounts of earnings accrued in foreign currency (if insurance premiums were charged on them) are taken into account, which are converted into rubles at the rate of the Central Bank of the Russian Federation, established on the date of appointment of the monthly insurance payment.
(as amended by Federal Law No. 348-FZ of 08.12.2010)

If the work that caused damage to health lasted less than 12 months, the average monthly earnings of the insured shall be calculated by dividing the total amount of his earnings for the number of months actually worked by him, preceding the month in which he had an accident at work, was diagnosed with an occupational disease, or (at the choice of the insured) the loss (decrease) of his professional ability to work was established for the number of these months. In cases where the period of work that caused damage to health was less than one full calendar month, the monthly insurance payment is calculated based on the conditional monthly earnings, determined as follows: the amount of earnings for the hours worked is divided by the number of days worked and the amount received is multiplied by the number of working days in the month calculated on an annual average. When calculating the average monthly earnings, the months not fully worked by the insured are replaced by the previous fully worked months or excluded if it is impossible to replace them.

At the request of the insured person, in the event of an insured event due to an occupational disease, the average monthly earnings can be calculated for the last 12 months of work preceding the termination of work that caused such an illness.

4. Monthly insurance payments to an insured person who has not reached the age of 18 at the time of the appointment of insurance coverage are calculated from his average earnings, but not less than the subsistence level of the able-bodied population as a whole in the Russian Federation established in accordance with the law.

5. If the insured event occurred after the expiration of the employment contract, at the request of the insured person, his earnings before the expiration of the specified contract or the usual amount of remuneration of an employee of his qualification in the given area, but not less than the subsistence level of the able-bodied population established in accordance with the law in as a whole for the Russian Federation.
(As amended by federal laws of 07.07.2003 N 118-FZ, of 08.12.2010 N 348-FZ)

6. If there have been stable changes in the earnings of the insured prior to the occurrence of the insured event that improve his financial situation (the salary for his position has been increased, he has been transferred to a higher-paid job, he has been hired after graduating from an educational institution full-time, and in other cases when the stability of the change or the possibility of changing the remuneration of the insured person has been proven), when calculating his average monthly earnings, only the earnings that he received or should have received after the corresponding change are taken into account.

7. If it is impossible to obtain a document on the amount of earnings of the insured, the amount of the monthly insurance payment is calculated based on the tariff rate (official salary) established (established) in the industry (sub-sector) for this profession, and similar working conditions at the time of applying for insurance payments.

After submitting a document on the amount of earnings, the amount of the monthly insurance payment is recalculated from the month following the month in which the relevant documents were provided.

Data on the size of tariff rates (official salaries) of employees are provided by the labor authorities of the constituent entities of the Russian Federation.

8. For persons entitled to receive insurance payments in the event of the death of the insured, the amount of the monthly insurance payment is calculated on the basis of his average monthly earnings minus the shares attributable to himself and able-bodied persons who were dependent on him, but who are not entitled to receive insurance payments. To determine the amount of monthly insurance payments to each person entitled to receive them, the total amount of these payments is divided by the number of persons entitled to receive insurance payments in the event of the death of the insured.

9. The calculated and assigned monthly insurance payment is not subject to further recalculation, except for cases of a change in the degree of loss of professional ability to work, a change in the circle of persons entitled to receive insurance payments in the event of the death of the insured, as well as cases of indexation of the monthly insurance payment.

10. When assigning a monthly insurance payment, the amount of earnings from which the amount of the monthly insurance payment is calculated, received for the period prior to the day of indexation of the amount of monthly insurance payments in accordance with paragraph 11 of this article, increase taking into account the relevant coefficients established for indexing the amount of the monthly insurance payment . At the same time, the coefficients applied to the amounts of earnings do not apply to the assigned amount of the monthly insurance payment.
(as amended by Federal Law No. 350-FZ of 09.12.2010)

In connection with the increase in the cost of living and changes in the level of wages, the amount of earnings from which the amount of the monthly insurance payment is calculated increases taking into account the following coefficients:

for 1971 and previous periods - 11.2; for 1972 - 10.9; for 1973 - 10.6; for 1974 - 10.3; for 1975 - 10.0; for 1976 - 9.7; for 1977 - 9.4; for 1978 - 9.1; for 1979 - 8.8; for 1980 - 8.5; for 1981 - 8.2; for 1982 - 7.9; for 1983 - 7.6; for 1984 - 7.3; for 1985 - 7.0; for 1986 - 6.7; for 1987 - 6.4; for 1988 - 6.1; for 1989 - 5.8; for 1990 - 5.5; for 1991 - 4.3.
(paragraph introduced by Federal Law No. 90-FZ of May 19, 2010)

The amounts of earnings, from which the amount of the monthly insurance payment is calculated, additionally increase for the period up to January 1, 1991, taking into account the coefficient 6, from January 1, 1991 to December 31, 1991 - taking into account the coefficient 3.
(paragraph introduced by Federal Law No. 90-FZ of May 19, 2010)

In connection with the increase in the cost of living and changes in the level of wages, when calculating the amount of the monthly insurance payment, the amounts of earnings received for the period from January 1, 1992 to January 31, 1993, increase taking into account the coefficient 3.
(paragraph introduced by Federal Law No. 90-FZ of May 19, 2010)

The amounts of earnings, from which the amount of the monthly insurance payment is calculated, received for the period up to May 1, 2002, increase in proportion to the centralized increase in the period up to May 1, 2002, inclusive, of the minimum wage.
(paragraph introduced by Federal Law No. 350-FZ of 09.12.2010)

11. The amount of the monthly insurance payment is indexed taking into account the level of inflation within the funds provided for these purposes in the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year.

The indexation coefficient and its frequency are determined by the Government of the Russian Federation.

12. The maximum amount of the monthly insurance payment is established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year.

When assigning insurance payments to the insured for several insured events, the maximum limit is applied to the total amount of the insurance payment.

When assigning insurance payments to persons entitled to receive them in connection with the death of the insured, the maximum limit is applied to the total amount of insurance payments assigned in connection with the death of the insured.

Article 13

1. Examination of the insured by an institution of medical and social expertise is carried out at the request of the insurer, the insured or the insured, or by decision of a judge (court) when submitting an act on an accident at work or an act on an occupational disease.

2. Re-examination of the insured person by an institution of medical and social expertise shall be carried out within the terms established by this institution. Re-examination of the insured person may be carried out ahead of schedule at the request of the insured person or at the request of the insurer or policyholder. In case of disagreement of the insured, the insurer, the insured with the conclusion of the institution of medical and social expertise, the said conclusion may be appealed by the insured, the insurer, the insured to the court.

Evasion of the insured without a valid reason from re-examination within the time limits established by the institution of medical and social expertise entails the loss of the right to insurance coverage until he passes the specified re-examination.

Article 14

1. If during the investigation of the insured event by the commission for the investigation of the insured event it is established that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, the amount of monthly insurance payments is reduced in accordance with the degree of fault of the insured, but not more than 25 percent. The degree of guilt of the insured person is determined by the commission for the investigation of the insured event in percentage terms and is indicated in the accident report at work or in the report on occupational disease.

When determining the degree of guilt of the insured, the opinion of the trade union committee or other representative body authorized by the insured is considered.

The amount of monthly insurance payments provided for by this Federal Law may not be reduced in the event of the death of the insured.

In the event of insured events confirmed in accordance with the established procedure, a refusal to compensate for harm is not allowed.

2. Damage caused by the intent of the insured, confirmed by the conclusion of law enforcement agencies, is not subject to compensation.

Article 15. Appointment and payment of insurance security

1. Appointment and payment to the insured person of benefits for temporary disability in connection with an accident at work or occupational disease are carried out in the manner established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary disability under state social insurance.

2. The date of applying for insurance security shall be the day when the insured person, his authorized representative or the person entitled to receive insurance payments submits to the insurer an application for receiving insurance security. When the said application is sent by post, the date of application for insurance security shall be the date of its dispatch.

The insured person, his/her authorized representative or a person entitled to receive insurance payments has the right to apply to the insurer with an application for receiving insurance security, regardless of the limitation period of the insured event.

3. Monthly insurance payments are assigned and paid to the insured for the entire period of loss of his professional ability to work from the day on which the institution of medical and social expertise established the fact of loss of professional ability by the insured, excluding the period for which the insured was granted temporary disability benefits specified in paragraph 1 of this article.

Persons entitled to receive insurance payments in connection with the death of the insured, a one-time insurance payment and monthly insurance payments are assigned from the date of his death, but not earlier than the acquisition of the right to receive insurance payments.

In the event of the occurrence of circumstances entailing the recalculation of the amount of the insurance payment in accordance with paragraph 9 of Article 12 of this Federal Law, such recalculation is made from the month following the month in which the specified circumstances occurred.

Claims for the appointment and payment of insurance security submitted after three years from the date of the emergence of the right to receive these payments are satisfied for the past time no more than three years preceding the application for insurance security. 4. Assignment of insurance security is carried out by the insurer on the basis of the application of the insured, his authorized person or the person entitled to receive insurance payments, to receive insurance security, and the following documents (certified copies thereof) submitted by the insured (insured person):

an act on an accident at work or an act on an occupational disease; certificates of the average monthly earnings of the insured for the period chosen by him for the calculation of monthly insurance payments in accordance with this Federal Law;
conclusions of the institution of medical and social expertise on the degree of loss of professional capacity for work of the insured;
conclusions of the institution of medical and social expertise on the necessary types of social, medical and professional rehabilitation of the insured;
a civil law contract providing for the payment of insurance premiums in favor of the insured, as well as copies of a work book or other document confirming that the victim is in an employment relationship with the insured;
death certificate of the insured;
certificates of the housing maintenance authority, and in its absence, the local government authority on the composition of the family of the deceased insured person;
notification of a medical institution about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);
conclusions of the center of occupational pathology on the presence of an occupational disease;
a document confirming that one of the parents, spouse (wife) or other family member of the deceased, is engaged in caring for the children, grandchildren, brothers and sisters of the insured, who have not reached the age of 14 years or have reached the specified age, but according to the conclusion of the institution of medical and social expertise or medical institution recognized as needing outside care for health reasons, does not work;
certificates from an educational institution stating that a family member of the deceased insured person who is entitled to receive insurance benefits is studying at this educational institution full-time; documents confirming the costs of carrying out, upon the conclusion of the institution of medical and social expertise, the social, medical and vocational rehabilitation of the insured, provided for by subparagraph 3 of paragraph 1 of Article 8 of this Federal Law;
conclusions of the institution of medical and social expertise on the connection of the death of the victim with an accident at work or an occupational disease;
a document confirming the fact of being dependent or establishing the right to receive maintenance;
victim rehabilitation programs.

The list of documents (certified copies thereof) required for assigning insurance security is determined by the insurer for each insured event.

The decision to assign or refuse to assign insurance payments is made by the insurer no later than 10 days (in the event of the death of the insured - no later than 2 days) from the date of receipt of the application for obtaining insurance security and all necessary documents (their certified copies) according to the list specified by him.

The delay by the insurer in making a decision on the appointment or refusal to assign insurance payments within the established period is considered as a refusal to assign insurance payments. The application for obtaining insurance security and the documents (certified copies thereof), on the basis of which the insurance security was assigned, shall be kept by the insurer.

5. Facts of legal significance for the appointment of insurance security in the absence of documents certifying the occurrence of an insured event and (or) necessary for the implementation of insurance security, as well as in case of disagreement of the person concerned with the content of such documents, shall be established by the court.

6. In the event of the death of the insured, a lump sum insurance payment is made in equal shares to the spouse of the deceased (deceased), as well as to other persons specified in paragraph 2 of Article 7 of this Federal Law, who had the right to receive a lump sum insurance payment on the day of the death of the insured.

7. Payment of insurance security to the insured, with the exception of the payment of temporary disability benefits, appointed in connection with the insured event, and vacation pay (in excess of the annual paid leave) for the entire period of treatment and travel to the place of treatment and back, which are made by the insured and are counted in account for the payment of insurance premiums, is made by the insurer.

One-time insurance payments are made within the time limits established by paragraph 2 of Article 10 of this Federal Law.

Monthly insurance payments are made by the insurer no later than the expiration of the month for which they are accrued.

8. In case of delay in insurance payments within the established time limits, the subject of insurance, which must make such payments, is obliged to pay to the insured and persons entitled to receive insurance payments a penalty in the amount of 0.5 percent of the unpaid amount of insurance payments for each day of delay.

Penalty due to the delay of insurance payments by the insured shall not be counted towards the payment of insurance premiums to the insurer.

9. If the insured delays the payments of temporary disability benefits, which are assigned in connection with an insured event, by more than one calendar month, these payments are made by the insurer at the request of the insured.

Chapter III. RIGHTS AND OBLIGATIONS OF SUBJECTS OF INSURANCE

Article 16. Rights and obligations of the insured

1. The insured has the right to:

1) insurance coverage in the manner and on the terms established by this Federal Law;

2) participation in the investigation of an insured event, including with the participation of a trade union body or its authorized representative;

3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and to the court;

4) protection of their rights and legitimate interests, including in court;

5) free training in safe methods and techniques of work on the job, as well as on the job in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;

6) self-appeal to medical and preventive institutions of the state healthcare system and institutions of medical and social expertise on issues of medical examination and re-examination;

7) appeal to trade unions or other representative bodies authorized by the insured on issues of compulsory social insurance against industrial accidents and occupational diseases;

8) receiving from the insured and the insurer free information about their rights and obligations under compulsory social insurance against accidents at work and occupational diseases.

2. The insured is obliged:

1) comply with labor protection rules and labor protection instructions;

2) notify the insurer of a change in his place of residence or place of work, as well as the occurrence of circumstances that entail a change in the amount of insurance security he receives or the loss of the right to receive insurance coverage, within ten days from the date of occurrence of such circumstances;

3) to comply with the recommendations on medical, social and professional rehabilitation within the terms established by the rehabilitation program of the victim as a result of an accident at work and occupational disease, undergo medical examinations and re-examinations within the terms established by the institutions of medical and social expertise, as well as in the direction of the insurer.

Article 17. Rights and obligations of the insured

1. The policyholder has the right:

1) participate in the establishment of allowances and discounts to the insurance tariff;

2) to require the participation of the executive authority for labor in verifying the correctness of the establishment of allowances and discounts to the insurance rate;

3) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The policyholder is obliged:

1) timely submit to the executive bodies of the insurer the documents necessary for registration as an insured, in the cases provided for in paragraphs three, four and five of part one of Article 6 of this Federal Law, if such documents (the information contained in them) are not at the disposal of the bodies, providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to state bodies or local governments in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, or such documents are included in the list of documents determined by the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services";
(as amended by Federal Laws No. 185-FZ of 23.12.2003, No. 383-FZ of 03.12.2011)

2) accrue and transfer insurance premiums to the insurer in accordance with the established procedure and within the time limits specified by the insurer;

3) execute decisions of the insurer on insurance payments;

4) provide measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;

5) investigate insured events in accordance with the procedure 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) within 24 hours from the date of occurrence of the insured event, notify the insurer about it;

7) collect and submit at its own expense to the insurer, within the time limits established by the insurer, documents (their certified copies) that are the basis for the calculation and payment of insurance premiums, the appointment of insurance security, and other information necessary for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

8) send the insured person to an institution of medical and social expertise for an examination (re-examination) within the time limits established by the institution of medical and social expertise;

9) submit to the institutions of medical and social expertise the conclusions of the body of state expertise of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;

10) provide an insured person who needs treatment for reasons related to the occurrence of an insured event with paid leave for sanatorium treatment (in excess of the annual paid leave established by the legislation of the Russian Federation) for the entire period of treatment and travel to and from the place of treatment;

11) to train the insured in safe methods and techniques of work on the job at the expense of the insured;

13) notify the insurer in a timely manner of its reorganization or liquidation;

14) execute the decisions of the state labor inspectorate on the prevention of the occurrence of insured events and their investigation;

15) provide the insured person with certified copies of the documents that are the basis for insurance coverage;

16) explain to the insured their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of his documents that are the basis for providing insurance, and submit reports to the insurer in accordance with the federal executive authority established by the federal executive body that performs the functions of developing state policy and regulatory legal regulation in the field of social insurance, form;

18) notify the insurer of all known circumstances that are relevant in determining by the insurer in the prescribed manner the premiums and discounts to the insurance rate, including information on the results of attestation of workplaces for working conditions and mandatory preliminary and periodic medical examinations of employees subject to these examinations.

Article 18. Rights and obligations of the insurer

1. The insurer has the right:

1) establish for policyholders, in the manner determined by the Government of the Russian Federation, surcharges and discounts to the insurance rate;

1.1) provide policyholders, on the basis of relevant agreements, with deferrals (installment plans) for repayment of amounts owed on insurance premiums and other payments, taking into account their financial condition and provided that they pay the current amounts of insurance premiums to the insurer in a timely manner;
(Clause 1.1 was introduced by Federal Law No. 192-FZ of July 21, 2007)

2) participate in the investigation of insured events, examination, re-examination of the insured in the institution of medical and social expertise and determining his need for social, medical and professional rehabilitation;

3) send the insured person to an institution of medical and social expertise for an examination (re-examination);

4) check information about insured events in organizations of any organizational and legal form;

5) interact with the state labor inspectorate, executive authorities for labor, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on issues of compulsory social insurance against industrial accidents and occupational diseases;

7) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The insurer is obliged:

1) timely register policyholders;

2) collect insurance premiums;

3) timely carry out insurance collateral in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance collateral;

4) provide insurance coverage for persons who have the right to receive it and who have left for permanent residence outside the Russian Federation, in the manner determined by the Government of the Russian Federation;

6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

7) to execute decisions of the state labor inspectorate on issues of compulsory social insurance against accidents at work and occupational diseases;

8) to control the activities of the insured in the performance of his obligations under Articles 17 and 19 of this Federal Law;

9) explain to the insured and the policyholders their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

10) accumulate capitalized payments in case of liquidation of the insured;

11) take the necessary measures to ensure the financial sustainability of the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves for the implementation of the specified type of social insurance, in accordance with the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year and planning period;

12) ensure the confidentiality of information received as a result of their activities about the insured, the insured and persons entitled to receive insurance payments;

13) send to the territorial funds of compulsory medical insurance information on the decision to pay the costs of treatment of the insured immediately after a serious accident at work at the expense of compulsory social insurance against accidents at work and occupational diseases in the form and in the manner approved by the insurer in agreement with the Federal Compulsory Medical Insurance Fund;
(Item 13 was introduced by Federal Law No. 313-FZ of November 29, 2010)

14) is obliged to receive, using interdepartmental information interaction, documents (information contained in them) that are at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to state bodies or local governments in in accordance with the regulatory legal acts of the Russian Federation, the regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, if these documents are not submitted by the insured or the insured on their own initiative.
(Item 14 was introduced by Federal Law No. 383-FZ of December 3, 2011)

Article 18.1. Obligations of bodies carrying out registration of acts of civil status

The bodies that carry out the registration of acts of civil status are obliged, at their location, to inform the insurer of information about the facts of state registration of the death of the insured within 10 days after the registration of these facts.

Article 19. Liability of subjects of insurance

1. The insured shall be liable for failure to fulfill or improper fulfillment of the obligations imposed on him by this Federal Law for the timely registration as an insured with the insurer, the timely and full payment of insurance premiums, the timely submission of the established reporting to the insurer, as well as for the timely and full payment of insurance payments assigned by the insurer insured.

Violation of the period of registration as an insured with an insurer, established by Article 6 of this Federal Law, shall entail a fine in the amount of five thousand rubles.

Violation of the period of registration as an insured with an insurer established by Article 6 of this Federal Law for more than 90 days shall entail a fine in the amount of 10,000 rubles.

The implementation by an individual who has concluded an employment contract with an employee of activities without registration as an insurer with the insurer entails a fine in the amount of 10 percent of the taxable base for calculating insurance premiums, determined for the entire period of carrying out activities without the specified registration with the insurer, but not less than 20 thousand rubles .

Non-payment or incomplete payment of insurance premiums as a result of underestimation of the taxable base for calculating insurance premiums, other incorrect calculation of insurance premiums or other unlawful actions (inaction) shall entail a fine in the amount of 20 percent of the amount of insurance premiums due, and intentional commission of these acts - in the amount of 40 percent of the amount of insurance premiums due.

Non-submission by the insured within the period established by this Federal Law of the established reporting to the insurer in the absence of signs of an offense provided for in paragraph seven of this paragraph, entails the collection of a fine in the amount of 5 percent of the amount of insurance premiums payable (additional payment) on the basis of this reporting, for each full or incomplete month from day fixed for its submission, but not more than 30 percent of the specified amount and not less than 100 rubles.
(as amended by Federal Law No. 213-FZ of July 24, 2009)

Failure by the insured to submit the established reporting to the insurer within more than 180 calendar days after the expiration of the deadline for submitting such reports established by this Federal Law shall entail the collection of a fine in the amount of 30 percent of the amount of insurance premiums payable on the basis of this reporting, and 10 percent of the amount of insurance premiums payable on the basis of of this reporting, for each full or incomplete month starting from the 181st calendar day, but not less than 1,000 rubles.
(the paragraph was introduced by Federal Law No. 213-FZ of July 24, 2009)

Bringing the insured to responsibility is carried out by the insurer in the manner similar to the procedure established by the Tax Code of the Russian Federation for bringing to responsibility for tax offenses.

The amounts incurred by the insured in violation of the requirements of legislative or other regulatory legal acts or not supported by documents in the prescribed manner for the payment of temporary disability benefits in connection with an accident at work and occupational disease, as well as for the payment of the insured person's vacation (in excess of the annual paid leave established by legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back are not included in the payment of insurance premiums.

The policyholder is responsible for the accuracy of the information provided to the insurer, which is necessary for assigning insurance security to the insured. If the information provided by the insurant is unreliable, the excessively incurred expenses for insurance security shall not be counted towards the payment of insurance premiums.

Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

2. The insurer is responsible for the implementation of compulsory social insurance against accidents at work and occupational diseases, the correctness and timeliness of insurance coverage for the insured and persons entitled to receive insurance payments in accordance with this Federal Law.

3. The insured person and persons who have been granted the right to receive insurance payments shall be liable in accordance with the legislation of the Russian Federation for the accuracy and timeliness of their submission to the insurer of information about the occurrence of circumstances that entail a change in insurance coverage, including a change in the amount of insurance payments or the termination of such payments.

In case of concealment or inaccuracy of the information provided by them, necessary to confirm the right to receive insurance security, the insured and persons who have been granted the right to receive insurance payments are obliged to reimburse the insurer for the excessively incurred expenses voluntarily or on the basis of a court decision.

Chapter IV. FUNDS FOR THE IMPLEMENTATION OF MANDATORY
SOCIAL INSURANCE AGAINST ACCIDENTS
AT WORK AND OCCUPATIONAL DISEASES

Article 20

1. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are formed from:

1) mandatory insurance premiums of policyholders;

2) collected fines and penalties;

3) capitalized payments received in the event of liquidation of policyholders;

4) other receipts that do not contradict the legislation of the Russian Federation.

2. Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases are reflected in the revenue and expenditure parts of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law, in separate lines. These funds are federal property and are not subject to seizure.

Article 20.1. The object of taxation of insurance premiums and the basis for calculating insurance premiums

1. Payments and other remunerations paid by policyholders in favor of the insured within the framework of labor relations and civil law contracts are recognized as the object of taxation of insurance premiums, if in accordance with the civil law contract the insurant is obliged to pay insurance premiums to the insurer.

2. The base for calculating insurance premiums is determined as the amount of payments and other remunerations provided for in clause 1 of this article, accrued by policyholders in favor of the insured, with the exception of the amounts specified in article 20.2 of this Federal Law.

3. When calculating the base for calculating insurance premiums, payments and other remuneration in kind in the form of goods (works, services) are taken into account as the cost of these goods (works, services) on the day of their payment, calculated based on their prices specified by the parties to the contract, and in case of state regulation of prices (tariffs) for these goods (works, services) - based on state regulated retail prices. At the same time, the cost of goods (works, services) includes the corresponding amount of value added tax, and for excisable goods, the corresponding amount of excises.

Article 20.2. Amounts not subject to insurance premiums

(introduced by Federal Law No. 348-FZ of 08.12.2010)

1. Not subject to insurance premiums:

1) state benefits paid in accordance with the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of representative bodies of local self-government, including unemployment benefits, as well as benefits and other types of compulsory insurance coverage for compulsory social insurance;

2) all types of compensation payments established by the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of representative bodies of local self-government (within the limits established in accordance with the legislation of the Russian Federation), related to:

with compensation for harm caused by injury or other damage to health; with free provision of living quarters, payment for living quarters and utilities, food and groceries, fuel or appropriate monetary compensation;
with the payment of the cost and (or) the issuance of the due allowance in kind, as well as with the payment of monetary funds in return for this allowance;
with payment for the cost of food, sports equipment, equipment, sports and dress uniforms received by athletes and employees of physical culture and sports organizations for the educational and training process and participation in sports competitions, as well as sports judges for participating in sports competitions;
with the dismissal of employees, with the exception of compensation for unused vacation;
with reimbursement of expenses for professional training, retraining and advanced training of employees;
with the expenses of an individual in connection with the performance of work, the provision of services under civil law contracts;
with the employment of employees dismissed in connection with the implementation of measures to reduce the number or staff, reorganization or liquidation of the organization, in connection with the termination of activities by individuals as individual entrepreneurs, the termination of the powers of notaries engaged in private practice, and the termination of the status of a lawyer, as well as in connection with with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing;
with the performance of labor duties by an individual, including in connection with moving to work in another locality, with the exception of:

payments in cash for work with difficult, harmful and (or) dangerous working conditions, except for compensation payments in the amount equivalent to the cost of milk or other equivalent food products;
payments in foreign currency instead of daily allowances made in accordance with the legislation of the Russian Federation by Russian shipping companies to crew members of ships of foreign navigation, as well as payments in foreign currency to the personnel of the crews of Russian aircraft operating international flights;
compensation payments for unused vacation not related to the dismissal of employees;

3) the amount of one-time financial assistance provided by the insurers:

individuals in connection with a natural disaster or other emergency in order to compensate for material damage caused to them or harm to their health, as well as individuals affected by terrorist acts on the territory of the Russian Federation; an employee in connection with the death of a member (members) of his family;
employees (parents, adoptive parents, guardians) at birth (adoption (adoption) of a child, paid within the first year after birth (adoption (adoption), but not more than 50,000 rubles for each child);

4) income (excluding wages of workers) received by members of duly registered family (clan) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation from the sale of products obtained as a result of their traditional types of trade;

5) the amount of insurance payments (contributions) for compulsory insurance of employees carried out by the insured in the manner established by the legislation of the Russian Federation, the amounts of payments (contributions) of the insured under contracts of voluntary personal insurance of employees concluded for a period of at least one year, providing for the payment by insurers of medical expenses of these the insured, the amounts of payments (contributions) of the insured under contracts for the provision of medical services to employees concluded for a period of at least one year with medical organizations that have the appropriate licenses to carry out medical activities issued in accordance with the legislation of the Russian Federation, the amounts of payments (contributions) of the insured for contracts of voluntary personal insurance of employees, concluded solely in the event of the death of the insured and (or) harm to the health of the insured, as well as the amount of pension contributions of the insured under contracts of non-state pension provision;

6) contributions paid in accordance with the Federal Law of April 30, 2008 N 56-FZ "On additional insurance contributions to the funded part of labor pension and state support for the formation of pension savings", in the amount of paid contributions, but not more than 12,000 rubles per year per each insured person in whose favor contributions were paid;

7) contributions paid in accordance with the legislation of the Russian Federation on additional social security for certain categories of employees, in the amount of contributions paid;

8) the cost of travel of employees and members of their families to the place of vacation and back, paid by the insured to persons working and living in the regions of the Far North and areas equivalent to them, in accordance with the legislation of the Russian Federation, labor contracts and (or) collective agreements. In the event of a vacation by the said persons outside the territory of the Russian Federation, the cost of travel or flight at tariffs calculated from the place of departure to the checkpoint across the State Border of the Russian Federation, including the cost of carrying baggage weighing up to 30 kilograms, is not subject to insurance premiums;

9) amounts paid to individuals by election commissions, referendum commissions, as well as from the election funds of candidates for the position of the President of the Russian Federation, candidates for deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation, candidates for a position in another state body of a constituent entity of the Russian Federation provided for by the constitution, the charter of the subject of the Russian Federation, elected directly by citizens, candidates for deputies of the representative body of the municipality, candidates for the position of head of the municipality, for another position provided for by the charter of the municipality and replaced through direct elections, from the funds of election funds of election associations, election funds of regional branches of political parties that are not electoral associations, from the referendum funds of the initiative group for holding a referendum of the Russian Federation, a referendum of a constituent entity of the Russian Federation, a local referendum, an initiative campaign group for a referendum of the Russian Federation, other groups of participants in a referendum of a constituent entity of the Russian Federation, a local referendum for the implementation these persons work directly related to the conduct of election campaigns, referendum campaigns;

10) the cost of uniforms and uniforms issued to employees in accordance with the legislation of the Russian Federation, as well as civil servants of federal government bodies free of charge or with partial payment and remaining in their personal permanent use;

11) the cost of travel benefits provided by the legislation of the Russian Federation to certain categories of employees;

12) the amount of material assistance provided by employers to their employees, not exceeding 4,000 rubles per employee for the billing period;

13) the amount of tuition fees for basic and additional professional educational programs, including for vocational training and retraining of employees;

14) amounts paid by employers to their employees to reimburse the costs of paying interest on loans (credits) for the acquisition and (or) construction of residential premises.

2. When insurers pay expenses for business trips of employees both within the territory of the Russian Federation and outside the territory of the Russian Federation, daily expenses, as well as actually incurred and documented targeted expenses for travel to and from the destination, fees for services are not subject to insurance premiums. airports, commission fees, expenses for travel to the airport or train station at the points of departure, destination or transfers, for baggage transportation, expenses for renting a dwelling, expenses for paying for communication services, fees for issuing (receipt) and registering an official foreign passport, fees for the issuance (receipt) of visas, as well as the costs of exchanging cash currency or a check in a bank for cash foreign currency. In case of failure to submit documents confirming the payment of expenses for renting a dwelling, the amounts of such expenses are exempted from taxation of insurance premiums within the limits established in accordance with the legislation of the Russian Federation. A similar procedure for taxing insurance premiums applies to payments made by individuals who are in the power (administrative) subordination of the organization, as well as members of the board of directors or any similar body of the company arriving to participate in a meeting of the board of directors, board or other similar body of this company.

Article 21. Insurance rates

Insurance rates differentiated according to occupational risk classes are established by federal law.

A draft of such a federal law for the next financial year and planning period is submitted by the Government of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation.
(as amended by Federal Law No. 192-FZ of July 21, 2007)

Article 22. Insurance premiums

1. Insurance premiums are paid by the insured on the basis of the insurance tariff, taking into account the discount or premium established by the insurer.

The amount of the specified discount or allowance is calculated based on the results of the work of the insured for three years and is set to the insured taking into account the state of labor protection (including the results of attestation of workplaces for working conditions, mandatory preliminary and periodic medical examinations) and insurance costs. The amount of the established discount or premium may not exceed 40 percent of the insurance rate established by the insured. In the event of an insured event with a fatal outcome, the discount is not established.
(as amended by Federal Law No. 300-FZ of November 6, 2011)

The specified discounts and allowances are established by the insurer within the limits of insurance premiums established by the relevant section of the revenue part of the budget of the Social Insurance Fund of the Russian Federation, approved by federal law.

2. Insurance premiums, with the exception of premiums to insurance rates and fines, are paid regardless of other social insurance premiums and are included in the cost of goods produced (work performed, services rendered) or are included in the cost estimate for the maintenance of the insured.

Supplements to insurance rates and penalties provided for in Articles 15 and 19 of this Federal Law shall be paid by the insured from the amount of profit at his disposal or from the cost estimate for the maintenance of the insured, and in the absence of profit, they are charged to the cost of goods produced (work performed, services rendered). ).

3. Rules for classifying types of economic activity as a class of professional risk, rules for establishing discounts and surcharges for insurance rates for policyholders, including the procedure for submitting information on the results of attestation of workplaces for working conditions and mandatory preliminary and periodic medical examinations, rules for calculating, accounting and spending funds for the implementation of compulsory social insurance against accidents at work and occupational diseases, the rules for financial support for preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment for workers employed in work with harmful and (or) dangerous production factors are approved in the order determined by the Government of the Russian Federation.
(Clause 3 as amended by Federal Law No. 300-FZ of November 6, 2011)

4. The amounts of insurance premiums are transferred by the insured who has entered into an employment contract with an employee on a monthly basis within the period established for receiving (transferring) funds from banks (other credit organizations) for the payment of wages for the past month, and by the insurant who is obliged to pay insurance premiums on the basis of a civil - legal contracts, - within the period established by the insurer.

Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums. Collection of arrears and penalties

1. If the insured pays insurance premiums later than the established deadlines, he shall pay penalties in the manner and in the amounts established by this article.

Penalties are charged for each calendar day of delay in payment of insurance premiums.

Penalties are accrued in excess of the amounts of insurance premiums and other payments due to the insurer and regardless of the collection of fines from the insured, provided for in paragraph 1 of Article 19 of this Federal Law.

2. Penalties are accrued from the day following the established day of payment of insurance premiums, and up to the day of their payment (collection), inclusive.

The day of payment of insurance premiums is considered the day the policyholder submits to the bank (other credit institution) a payment order for the transfer of insurance premiums if there is a sufficient cash balance on the account of the policyholder, and in case of payment in cash - the day of payment to the bank (other credit institution) or the cash desk of the local authority self-government or the organization of the federal postal service of a sum of money on account of the payment of insurance premiums.

Insurance premiums are not considered paid if the policyholder revokes or returns the bank (other credit institution) of the payment order for the transfer of insurance premiums, as well as if, at the time the policyholder submits the payment order for the transfer of insurance premiums, the policyholder has other unfulfilled claims against the account, which, in accordance with the legislation of the Russian Federation, are executed as a matter of priority, but do not have sufficient funds on the account to satisfy all requirements.

3. Penalties are not charged if the policyholder confirms that he could not pay the arrears due to the suspension of operations on his bank accounts or the seizure of his property, as well as during the period of the deferral (installment plan) of repayment of the amounts owed on insurance premiums and other payments provided in accordance with subparagraph 1.1 of paragraph 1 of Article 18 of this Federal Law.
(as amended by Federal Law No. 192-FZ of July 21, 2007)

Arrears are recognized as the amount of insurance premiums not paid within the established period.

The interest rate of penalties is set at one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, which was in effect at the time of the formation of the arrears.

When changing the specified refinancing rate, the amount of penalties based on the new refinancing rate is determined from the day following the day of its change.

5. Penalties are paid by the insured simultaneously with the payment of insurance premiums, and in case of insufficient funds from the insured, after payment of insurance premiums in full. 6. Arrears and penalties may be collected by the insurer from the insured forcibly at the expense of money and other property of the insured.

Collection of arrears and penalties from the insurant - an individual is carried out in court.

The collection of arrears and penalties from the insured - a legal entity is carried out by the insurer on the basis of its decision to collect arrears and penalties in an indisputable manner at the expense of funds held in the accounts of the insured in a bank (other credit institutions), by sending a collection order (instruction) to transfer the arrears and penalties to the bank (other credit institutions) where the accounts of the specified insurant are opened.

The collection order (instruction) of the insurer on the transfer of arrears and penalties to the bank (other credit institutions) must contain an indication of the accounts of the insured from which the insurance premium for compulsory social insurance against industrial accidents and occupational diseases must be transferred, and the amount to be listed.

The collection of arrears and penalties may be made from the ruble settlement (current) and (or) currency accounts of the insured, with the exception of loan, budget and deposit (if the term of the deposit agreement has not expired) accounts.

In case of insufficiency or absence of funds on the accounts of the insured - a legal entity or the absence of information about the accounts of the insured, the insurer has the right to recover arrears and penalties at the expense of other property of the insured - a legal entity by sending an appropriate decision to the bailiff - executor.

Article 22.2. Obligations of banks (other credit organizations) related to accounting for insurers, execution of instructions for the transfer of funds of compulsory social insurance against industrial accidents and occupational diseases, and liability for their failure to comply

1 - 2. No longer valid. - Federal Law of December 23, 2003 N 185-FZ.

3. The term for the execution by banks (other credit organizations) of the policyholder's order to transfer insurance premiums to the insurer or the collection order (instruction) of the insurer to collect insurance premiums from the policyholder - a legal entity is one business day from the day following the day of receipt of such an order.

If banks (other credit organizations) violate the deadline for fulfilling the policyholder's order to transfer insurance premiums to the insurer, as well as if banks (other credit organizations) fail to execute the collection order (instruction) of the insurer to collect insurance premiums from the policyholder - a legal entity, if there are sufficient funds on the account of the specified of the insured, the insurer collects from banks (other credit organizations) a penalty in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent for each day of delay.

4. The collection of penalties from banks (other credit organizations) is carried out by the insurer in a manner similar to the procedure for collecting penalties from policyholders - legal entities.

5. Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

Article 23

1. In the event of reorganization of an insured that is a legal entity, its obligations established by this Federal Law, including the obligation to pay insurance premiums, shall be transferred to its legal successor.

2. In the event of liquidation of the insured - a legal entity, he is obliged to make capitalized payments to the insurer in the manner determined by the Government of the Russian Federation. The liquidation commission may include a representative of the insurer.

Article 24. Accounting and reporting on compulsory social insurance against accidents at work and occupational diseases

1. Insurers, in accordance with the established procedure, keep records of cases of occupational injuries and occupational diseases of the insured and related insurance coverage, maintain state quarterly statistical, as well as accounting reports.

On a quarterly basis, not later than the 15th day of the month following the expired quarter, the insurers shall, in accordance with the established procedure, submit to the insurer at the place of their registration reports in the form established by the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance.
(The paragraph was introduced by Federal Law No. 47-FZ of 22.04.2003, as amended by Federal Law No. 213-FZ of 24.07.2009)

2. State quarterly statistical reporting of insurers on industrial injuries, occupational diseases and related material costs is submitted in the manner established by the Government of the Russian Federation.

3. The insured and its officials bear the responsibility established by the legislation of the Russian Federation for failure to submit or unreliability of statistical and accounting reports.

Article 25. Accounting and reporting of the insurer

Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases in accordance with this Federal Law are credited to the unified centralized account of the insurer in the institutions of the Central Bank of the Russian Federation and are spent for the purposes of this type of social insurance.

Operations on the unified centralized account of the insurer are carried out in accordance with the rules of the Central Bank of the Russian Federation. Credit institutions accept insurance premiums from policyholders without charging a commission for these operations.

Article 26. Control over the implementation of compulsory social insurance against industrial accidents and professional diseases

1. State control over the observance of the rights of subjects of insurance and the fulfillment of their duties by them is carried out in the manner determined by the legislation of the Russian Federation.

State control over the financial and economic activities of the insurer and the implementation of compulsory social insurance against accidents at work and occupational diseases is carried out by the Accounts Chamber of the Russian Federation, and in terms of the use of appropriations from the federal budget - also by the federal executive body in the field of finance.

2. At least once a year, the insurer ensures that its financial and economic activities are audited by a specialized auditing organization that has an appropriate license.

3. Public control over the observance of the legitimate rights and interests of the insured in accordance with this Federal Law is carried out by trade unions or other representative bodies authorized by the insured.

Chapter V FINAL AND TRANSITIONAL PROVISIONS

Article 27. Entry into force of this Federal Law

1. This Federal Law shall enter into force simultaneously with the entry into force of the provisions of the federal law establishing the insurance rates necessary for the formation of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases.

2. From the day of the official publication of this Federal Law, the insurer shall pre-register insurers, register the persons who should be granted the right to receive insurance security, transfer to the insurer, in the form established by it, information about these persons by insurants and insurance organizations, and also carry out organizational work on preparation for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law.

Article 28. Transitional provisions

1. Persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease, or other damage to health related to the performance of their labor duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with the death of a breadwinner, provision for insurance is carried out by the insurer in accordance with this Federal Law, regardless of the timing of the injury, occupational disease or other damage to health. The insurance coverage established by the said persons upon the entry into force of this Federal Law cannot be lower than the compensation for damage caused by injury, occupational disease or other damage to health associated with the performance of labor duties established by them earlier in accordance with the legislation of the Russian Federation.

Examination of professional working capacity in institutions of medical and social expertise of persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease, or other damage to health associated with the performance of their labor duties by these persons, is carried out within the time limits established before the entry into force of this Federal Law. Examination of professional ability to work can be carried out earlier than the specified terms at the request of the insured.

2. Registration of policyholders by the insurer is carried out within 10 days after the entry into force of this Federal Law.

3. The insurer shall not be liable for the liquidation of debts resulting from the failure of employers or insurance organizations to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health damage, and to pay a penalty for the delay in the liquidation of these debts, if such debts arose before the entry into force. by virtue of this federal law. Employers and insurance organizations retain the obligation to liquidate the said debts and pay a penalty fee in the amount of 1 percent of the unpaid amount of compensation for the above damage for each day of delay until the day this Federal Law enters into force. Penalty for the delay in the liquidation of debts formed after the entry into force of this Federal Law shall be paid in the amount of 0.5 percent of the unpaid amount of compensation for the above damage for each day of delay.

4. Payments capitalized in connection with the liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties, made to insurance organizations before the entry into force of this Federal Law, are transferred to the insurer in within one month from the date of entry into force of this Federal Law in the amount of the balances of these amounts as of the day of its entry into force. At the same time, the documents confirming the right of the victims (including persons entitled to compensation for harm in connection with the death of the breadwinner) to compensation for harm are transferred to the insurer.

5. The persons specified in clause 1 of this article are provided with full insurance coverage in accordance with this Federal Law, regardless of whether capitalization of payments was made upon liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor duties.

Article 29

Recognize as invalid from the date of entry into force of this Federal Law: Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 "On approval of the Rules for compensation by employers of harm caused to employees by injury, occupational disease or other damage to health associated with their performance labor duties" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 2, item 71), with the exception of paragraphs one and two of paragraph 2;

The provisions of Article 29 regarding the invalidation of the Rules for compensation by employers for harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, in their constitutional legal sense, identified by the Constitutional Court of the Russian Federation, does not prevent payment for the past time without limiting by any period the amounts of compensation for harm not received in a timely manner by persons who suffered as a result of accidents at work and occupational diseases, through the fault of the employer (Determination of the Constitutional Court of the Russian Federation of 01.12.2005 N 461-O).

Rules for compensation by employers of harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 2, item 71);

Article 1 of the Federal Law "On the Introduction of Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers of Harm Caused to Employees by Mutilation, Occupational Disease, or Other Damage to Health Associated with the Performance of Their Job Duties" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 48, Art. 4562).

Article 30

1. Has expired. - Labor Code of the Russian Federation of December 30, 2001 N 197-FZ.

2. Has expired. - Federal Law of July 17, 1999 N 181-FZ.

3. Has expired. - Federal Law of August 22, 2004 N 122-FZ.

4. To introduce the following addition into the Penitentiary Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, N 2, Art. 198): Part four of Article 44 shall be supplemented with the words "and monthly insurance payments for compulsory social insurance against accidents at work and professional diseases."

Article 31

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law. Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

The president
Russian Federation
B. YELTSIN

It does not work Edition from 17.07.1999

Document name	FEDERAL LAW No. 125-FZ of July 24, 1998 (as amended on July 17, 1999) "ON MANDATORY SOCIAL INSURANCE AGAINST WORKING ACCIDENTS AND OCCUPATIONAL DISEASES"
Document type	law
Host body	cd rf, sf rf, president of rf
Document Number	125-FZ
Acceptance date	06.01.2000
Revision date	17.07.1999
Date of registration in the Ministry of Justice	01.01.1970
Status	It does not work
Publication	This document has not been published in this form. (as amended on 24.07.99 - "Rossiyskaya Gazeta", N 153-154, 12.08.98; "Collection of Legislation of the Russian Federation", 03.08.98, N 31, art. 3803; "Financial newspaper", N 36, 09/07/98)
Navigator	Notes

FEDERAL LAW No. 125-FZ of July 24, 1998 (as amended on July 17, 1999) "ON MANDATORY SOCIAL INSURANCE AGAINST WORKING ACCIDENTS AND OCCUPATIONAL DISEASES"

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations for compulsory social insurance against accidents at work and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment agreement (contract) and in other established by this federal law cases.

part four of Article 22

"Special jobs for persons who become disabled due to accidents at work or occupational diseases are created at the expense of employers who cause harm."

Part three of Article 24 after the words "to the State Employment Fund of the Russian Federation" shall be supplemented with the words "and the Social Insurance Fund of the Russian Federation"

Part four of Article 29 shall be stated as follows:

"For persons who become disabled due to accidents at work or occupational diseases, the costs of sanatorium treatment, including vacation pay for the entire period of treatment and travel, the cost of travel for the disabled person and the person accompanying him to the place of treatment and back, their accommodation and food, are paid at the expense of compulsory social insurance funds

Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

The president
Russian Federation
B. YELTSIN

Moscow Kremlin

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PERM REGIONAL COURT

ON SOME ISSUES IN THE APPLICATION OF THE FEDERAL LAW BY THE COURTS

FROM 24.07.1998 N 125-FZ “ON MANDATORY SOCIAL INSURANCE

FROM ACCIDENTS AT WORK AND PROFESSIONAL

DISEASES” WHEN CONSIDERING CASES RELATED TO COMPENSATION

HARM CAUSED TO THE LIFE AND HEALTH OF THE INSURED

Since January 6, 2000, the Federal Law of July 24, 1998 N 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” (with subsequent amendments) has been in force on the territory of the Russian Federation. The insurer under this Law is the Social Insurance Fund of the Russian Federation.

In 2002, the Perm Regional Court conducted a generalization of judicial practice in the consideration by courts of cases on disputes related to the implementation by the insured of the rights guaranteed by Law N 125-FZ. The Perm regional branch of the Social Insurance Fund of the Russian Federation (hereinafter referred to as the PRO FSS of the Russian Federation), which assigns insurance payments, taking into account the prevailing judicial practice, draws attention to the different interpretation and application by the courts of the norms of the legislation on compensation for harm. In view of the foregoing, the Perm Regional Court considers it necessary to draw additional attention of the courts of the Perm Region to certain issues of the application of Law No. 125-FZ for the purpose of its uniform application and interpretation.

1. On the ratio of the Federal Law of 06/20/1996 N 81-FZ

“On state regulation in the field of mining

and the use of coal, on the features of social protection

employees of organizations of the coal industry"

and the basic Law N 125-FZ

In force before the entry into force of Law N 125-FZ, the Rules for Compensation by Employers of Harm Caused to Employees by Mutilation, Occupational Disease, or Other Damage to Health Related to the Performance of Their Job Duties, approved by Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 (hereinafter referred to as the Rules compensation by employers for harm) it was provided that the amounts of money due in accordance with these Rules in compensation for harm, compensation for additional expenses and a lump sum allowance may be increased by agreement of the parties or on the basis of a collective agreement (agreement).

06/20/1996 The President of the Russian Federation signed Federal Law N 81-FZ “On State Regulation in the Field of Coal Mining and Use, on the Features of Social Protection of Employees of Coal Industry Organizations” (as amended on 08/07/2000), paragraph 1 of Art. 22 of which provides that in the event of loss by an employee engaged in hard work and work with dangerous and (or) harmful working conditions, professional disability due to an industrial injury or occupational disease, the organization for the extraction (processing) of coal pays him a one-time compensation in excess of the established legislation of the Russian Federation compensation for the harm caused in the amount of at least twenty percent of the average monthly earnings for the last year of work for each percent of the loss of professional ability to work. The procedure for determining the amount of compensation and its payment shall be established by the Government of the Russian Federation.

Decree of the President of the Russian Federation of 08.12.1997 N 1274 “On measures to compensate for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their labor duties at liquidated mines and cuts of the coal and shale industry (as amended by the Decree of the President of the Russian Federation of 08.05 .1998 N 499) the Social Insurance Fund of the Russian Federation was charged with the consolidation of funds capitalized by the liquidated mines and cuts of the coal and shale industry to compensate for harm caused to employees by injury, occupational disease or other damage to health, receiving funds from the federal budget for payments to compensate for this harm , as well as the obligation to make payments in compensation for harm caused to employees of liquidated mines and cuts of the coal and shale industry, starting from January 1, 1998 in accordance with the legislation of the Russian Federation on compensation for harm and taking into account industry tariff agreements in force on January 1, 1998 .

Law N 125-FZ, which entered into force on January 6, 2000, does not allow an increase in the amount of insurance payments. In accordance with paragraph 1 of Art. 11 of this Law, the amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured person's professional ability to work based on the sixty-fold minimum wage established by federal law on the day of such payment. In the event of the death of the insured, the lump-sum insurance payment is established in the amount equal to sixty times the minimum wage established by federal law on the day of such payment. (The effect of paragraph 1 of Article 11 was suspended for 2003 in terms of determining the amount of a one-time insurance payment for compulsory social insurance against industrial accidents and occupational diseases by Federal Law No. 25-FZ of 08.02.2003 “On the budget of the Social Insurance Fund of the Russian Federation for 2003 ". This Law of 08.02.2003 N 25-FZ established that in 2003 the amount of a lump-sum insurance payment for compulsory social insurance against industrial accidents and occupational diseases is determined in accordance with the degree of loss of the insured person's professional ability to work based on the amount of 27 thousand rubles Federal Law No. 166-FZ of 08.12.2003 “On the budget of the Social Insurance Fund of the Russian Federation for 2004” contains similar provisions based on the amount of 30,000 rubles.)

When considering disputes about the recovery of a one-time allowance from the PRO FSS of the Russian Federation in cases where the loss of professional ability for work was first established after 01/06/2000, the courts collect, determining the amount of the lump-sum allowance, taking into account the Federal Law of 06/20/1996 No. the field of extraction and use of coal ... "and the Industry Tariff Agreement, without taking into account the norms contained in Law N 125-FZ, which do not allow an increase in the size of the lump sum. Therefore, when considering such disputes, it should be borne in mind that if the Federal Law for employees of the relevant industry provides for a higher amount of compensation for harm and the insured event occurred after 01/06/2000, the insurer pays insurance coverage in the amounts established by Law N 125-FZ and published in accordance with it, federal regulatory legal acts, the amount of the difference in payments to the insured or persons entitled to receive them, in this case, is obliged to make not the insurer, but the insured.

The same provision also applies to cases where the liquidation of the insured has occurred, that is, when the employer (mine) is liquidated, the insurer represented by the Social Insurance Fund is not obliged to provide insurance security in a larger amount than is provided for by Law N 125-FZ (Article 28, paragraph . 5).

The exception is cases of compensation for harm to employees of liquidated mines and cuts of the coal and shale industry in the period from 01/01/1998 until the entry into force of Law N 125-FZ, when the obligation to pay compensation for harm to this category of workers was assigned to the Social Insurance Fund of the Russian Federation from 01/01/1998 Special Decree of the President of the Russian Federation of 08.12.1997 N 1274 (as amended by Decree of the President of the Russian Federation of 08.05.1998 N 499) “On measures to compensate for harm caused to workers by injury, occupational disease or other damage to health associated with the performance of their labor duties at liquidated mines and cuts of the coal and shale industry ", as well as Decree of the Government of the Russian Federation of 08.12.1997 N 1524 (as amended on 09.07.1997) with the same name.

2. Indexation of the insured person's earnings by coefficients

3 and 6 for occupational diseases diagnosed

respectively after 01/01/1991 and 08/31/1993

Federal Law No. 180-FZ of November 24, 1995 “On Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers for Harm Caused by Mutilation, Occupational Disease, or Other Damage to Health Associated with the Performance of Their Job Duties” establishes that the amount of earnings from which the amounts of compensation for harm are calculated, calculated taking into account the coefficients specified in paragraph 2 of the Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 “On approval of the Rules for compensation by employers of harm ...“, increase for injuries, other damage to health received up to 1 January 1991 - six times, from January 1, 1991 to January 31, 1993 - three times.

It follows from the specified norm of the Law that the application of the coefficient is not connected with the period of establishing the loss of his professional ability to work or establishing the diagnosis of an occupational disease, but with the period of the insured person receiving an injury, other damage to health or an occupational disease. Therefore, when considering disputes and determining the amount of insurance payments, the court should establish the period in which the damage to health, occupational disease occurred, depending on the established one, resolve the issue of applying a coefficient of 6 or 3.

A. worked at the mine "Shumikhinskaya" as a sinker of horizontal underground workings from December 1971 to February 1980, then until May 1989 at the same mine as a blaster. According to the conclusion of the Department of Occupational Pathology of the Regional Clinical Hospital dated 11/28/1996, A. was diagnosed with an occupational disease - bilateral sensorineural hearing loss of moderate degree, noise etiology, the conclusion of the VTEK dated 03/12/1996 A. determined the degree of loss of professional ability to work in the amount of 20 percent indefinitely. A. filed a lawsuit against the Perm regional branch of the Social Insurance Fund of the Russian Federation for the recovery of underpaid insurance payments for compensation for harm caused by damage to health for the period from August 2001. The plaintiff motivated his claims by the fact that he received an occupational disease while working as a drifter insurance compensation to him are determined in a smaller amount than provided by law. After examining the evidence collected in the case, including the act on the case of an occupational disease, medical documents, the Gremyachinsky City Court of the Perm Region established that the damage to the plaintiff's health occurred during the period of the plaintiff's work as a tunneller, a master blaster until 1991, to calculate the monthly insurance payment, the amount of the plaintiff's earnings for the period from May 1988 to April 1989. Taking into account the indicated circumstances, the provisions of paragraph 2 of the Decree of the Supreme Council of the Russian Federation of December 24, 1992 N 4214-1 and the compensatory nature of the coefficients established by this norm, introduced in connection with the increase in cost life, the court came to a reasonable conclusion about the need to apply when calculating the monthly insurance payment provided for in paragraph 2, clause 2 of this Resolution, the coefficient 6, having recovered the amounts of monthly insurance payments that were not paid to the plaintiff in the past.

See also Bulletin of the Supreme Court of the Russian Federation N 1, 2003 on the application of the multiplying factor.

3. On the procedure for calculating the monthly insurance payment

In accordance with paragraphs. 1 and 2 Art. 12 of Law N 125-FZ, the amount of the monthly insurance payment is determined as the share of the average monthly earnings of the insured person, calculated in accordance with the degree of loss of his professional ability to work. When calculating the amount of earnings lost by the insured as a result of an insured event, all types of remuneration for his work are taken into account both at the place of his main job and part-time, on which insurance premiums are charged for compulsory social insurance against accidents at work and occupational diseases.

Until 2003, the procedure for calculating average earnings was approved annually by the Ministry of Labor of the Russian Federation. At present, in connection with the entry into force of the Labor Code of the Russian Federation, the Decree of the Government of the Russian Federation of April 11, 2003 N 213 is in force, which approved the Regulations on the peculiarities of the procedure for calculating the average wage. In accordance with paragraph 2 of this Regulation, to calculate the average earnings, all types of payments provided for by the remuneration system used in the relevant organization, regardless of the sources of these payments, which include, among other things, bonuses and remuneration, including remuneration based on the results of work for the year and a lump sum seniority remuneration. In the previous Decree of the Ministry of Labor of the Russian Federation of May 17, 2000 N 38, which approved the procedure for calculating average earnings in 2000-2001. and the list of payments taken into account when calculating average earnings contained a similar rule.

In accordance with the above provisions, the calculation of average earnings shall include remuneration based on the results of work for the year and a one-time remuneration for length of service, regardless of the period in which these amounts were accrued or paid to the employee.

Z. while working at the mines “Krupskaya” and “Klyuchevskaya” got an occupational disease, revealed in November 1992 - vibration disease, in December 1999 the plaintiff was diagnosed with a second occupational disease - silicosis. According to the certificate of examination of the Gubakhinsky Bureau of the ITU dated 10.07.1998, the plaintiff was found to have lost 20% of his professional ability to work, according to the act of 20.12.1999 - the loss of 40% of his professional ability to work. By order of the branch N 11 of the Central Public Health Service of the FSS of the Russian Federation dated 06/01/1998 Z., payments were assigned to compensate for harm to health. By order of the PRO FSS of the Russian Federation of December 25, 2002, the monthly payments assigned to the plaintiff were recalculated from August 1, 2001 in connection with a change in the period taken into account for calculating the average monthly earnings to determine the monthly insurance payment. Disagreeing with the size of the insurance payment, Z. filed a lawsuit against the PRO FSS of the Russian Federation. By the decision of the Gubakhinsky City Court of the Perm Region, they were recovered from the Perm Regional Branch of the Social Insurance Fund of the Russian Federation in favor of Zavyalov V.P. monthly damages. The court recalculated the monthly payments assigned to the plaintiff, since it found that the calculation of the monthly insurance payments of the PRO FSS of the Russian Federation was made incorrectly, without taking into account the bonus for the length of service for 1992. At the same time, the court is correct, taking into account the earnings of the insured for 12 months before the identification of an occupational disease since November 1991 to October 1992, included in the composition of earnings accrued to the plaintiff the amount of a one-time remuneration for the length of service for 1991 and for 1992 in the amount proportional to the time worked in the billing period, that is, 1/12 part for each month billing period, regardless of the fact that the specified remuneration was accrued by Z. later, outside the billing period.

4. On the qualification of an accident as an event,

as a result of which the insured was injured

or other damage to health in the performance of duties

under an employment contract

In accordance with Art. 3 of Law N 125-FZ, an accident at work is an event as a result of which the insured received an injury or other damage to health in the performance of duties under an employment contract (contract) and in other cases established by this Federal Law both on the territory of the insured and beyond it. outside or during the journey to the place of work or return from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death.

The rules for compensation by employers of harm established the grounds under which the liability of the employer came. The employer was obliged to compensate in full the harm caused to the health of the employee in the performance of his labor duties by a source of increased danger, unless he proves that the harm arose as a result of force majeure or the intent of the victim. If the harm was caused to the health of the employee not by a source of increased danger, then the employer is exempt from compensation if he proves that the harm was not caused through his fault (Article 3 as amended by the Federal Law of November 24, 1995 N 180-FZ).

In contrast to the Rules for Compensation for Harm by Employers ... for injuries, occupational diseases and other damage to health associated with the performance of the insured's labor duties that occurred after 01/06/2000, insurance coverage is paid to the insured, as well as to other persons entitled to receive it , regardless of the presence or absence of the policyholder's fault and regardless of the fact that the damage was caused by a source of increased danger due to force majeure. To recognize an accident as work-related, it must be established that the accident occurred while the insured was performing work duties. When establishing these circumstances, one should be guided by the criteria defined by Law N 125-FZ (Article 3), the procedure for investigating industrial accidents established in the relevant period of time, as well as the evidence available in the case.

The procedure for investigating accidents and qualifying them as related to production is currently defined by the Labor Code of the Russian Federation (Articles 227-231), Decree of the Government of the Russian Federation of August 31, 2002 N 653, which approved the forms of documents necessary for investigating and recording industrial accidents , and the regulation on the features of the investigation of accidents at work in certain industries and organizations, as well as the Decree of the Ministry of Labor and Social Development of the Russian Federation of October 24, 2002 N 73 “On approval of the forms of documents necessary for the investigation and accounting of accidents at work in certain industries and organizations." Previously, Decree of the Government of the Russian Federation of March 11, 1999 N 279 “On approval of the Regulations on the investigation and registration of industrial accidents” was in force (lost force in accordance with Decree of the Government of the Russian Federation of January 8, 2003 N 5).

G. filed a lawsuit against the Perm regional branch of the Social Insurance Fund of the Russian Federation for the recovery of compensation for damage caused by the death of the breadwinner as a result of an accident at work. The claim was satisfied by the decision of the Kuedinsky District Court of the Perm Region. The court, on the basis of the evidence collected in the case, established that G., being the general director of a limited liability company, returned home on October 24, 2001 at the end of the working day in a company car, while driving this car himself. When driving a car, he lost control of the car, collided with an oncoming car, and died as a result of this traffic accident. In this case, the court came to a reasonable conclusion that the accident was related to production, since it occurred during the return of the victim from work in the transport provided by the employer.

Another case: M. filed a lawsuit with the Chernushinsky District Court for the appointment of security for insurance in connection with the death of the breadwinner. M.'s claim was denied. When considering this dispute, the court found that M. worked as a tractor driver at DOROS LLC. On January 29, 2001, he was sent by his employer to clear the road to CSN-20, located near the village of B. Gondyr, Kuedinsky district. After working until lunch, M. arbitrarily quit his job and drove off on his employer's tractor to the village of Tashkent in the Republic of Bashkortostan to visit a relative. During the return on the same day after 18.00 to the place of work at CSN-20, due to the fact that the tractor had stalled, G. went across the field on foot and froze. After evaluating the evidence collected in the case, the court came to a reasonable conclusion that this case was not related to production, since M.'s presence at the scene of the accident was not due to the performance of labor duties, M. arbitrarily left the place of work and used the tractor for personal purposes.

5. Disputes related to a change in the degree of fault of the employee

in an accident at work

The rules for compensation by employers for harm (Article 7) provided for a reduction in the amount of monthly compensation for harm in the event that the gross negligence of the victim contributed to the occurrence or increase in harm, while the limits for such a reduction in the amount of compensation were not established by the Rules. Law N 125-FZ also provides for a reduction in the amount of the monthly insurance payment in accordance with the degree of fault of the insured, if his gross negligence contributed to the occurrence or increase of harm, but such a reduction is allowed by no more than 25 percent (Article 14).

Therefore, claims for recalculation from 01/06/2000 of the amount of monthly insurance payments are subject to satisfaction, taking into account the reduction to 25% of the degree of guilt of the victims, whose guilt, due to their gross negligence in causing harm that occurred before 01/06/2000, was set at more than 25 %, because in accordance with paragraph 1 of Art. 28 of Law N 125-FZ to persons who, before the entry into force of this Federal Law, received an injury, an occupational disease or other damage to health related to the performance of their work duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with death the breadwinner, the provision for insurance is made by the insurer in accordance with this Federal Law, regardless of the timing of the injury, occupational disease or other damage to health.

Ch. 02/14/1994 was injured in the performance of work duties, in connection with which, according to the conclusion of the VTEC dated 08/02/1994, there was a loss of 100% of his professional ability to work, from 11/11/1994 he was diagnosed with a degree of loss of professional ability to work 40%. The employer made payments to Ch. in compensation for harm caused by damage to health, taking into account the degree of guilt of the victim in the accident, which, according to the conclusion of the trade union committee and the employer's administration, was set at 60%. By order of 03.07.2000 on the PRO FSS of the Russian Federation Ch., the amount of monthly insurance payments was determined taking into account 40% loss of professional ability to work and 60% fault of the insured. Ch. filed a lawsuit against the PRO FSS for the Russian Federation on the recalculation of the assigned payments. Resolving the alleged dispute, the Sverdlovsk District Court correctly applied the provisions of paragraph 1 of Art. 28 and paragraph 1 of Art. 14 of Law N 125-FZ and reasonably assigned to the Perm regional branch of the Social Insurance Fund of the Russian Federation the obligation to make payments, taking into account the statutory limit when determining the degree of guilt of the insured (25 percent) from 01/06/2000

In cases where a dispute is filed on the recovery, recalculation of insurance payments on the grounds that the conclusion of the authorized body unreasonably established the gross negligence of the victim in the accident, the court has the right to make such a recalculation for the entire past without limitation by any period, if it is established that the victim's gross negligence in causing harm was unlawfully determined.

6. Collection of debts on payments in compensation for harm

In accordance with paragraph 3 of Art. 28 of Law N 125-FZ, the insurer is not responsible for the liquidation of debts resulting from the failure of employers or insurance companies to fulfill their obligations to compensate for harm caused to employees by injuries, occupational diseases or other health damage, and the payment of penalties for the delay in the liquidation of these debts, if such debts arose before the entry into force of this Federal Law.

At the same time, paragraph 5 of Art. 28 of this Law provides that persons who, prior to the entry into force of this Federal Law, received an injury, an occupational disease, or other damage to health associated with the performance of their labor duties and confirmed in the prescribed manner, as well as persons entitled to compensation for harm in connection with death the breadwinner, insurance coverage is provided in accordance with this Federal Law in full, regardless of whether payments were capitalized upon liquidation of legal entities responsible for paying compensation to victims for harm caused by injury, occupational disease or other damage to health associated with the performance of labor responsibilities.

When applying the above norms of the law, it should be borne in mind that the debt of the liquidated enterprise for compensation of harm to the victim, formed before 01/06/2000, should be recovered from the insurer if the liquidated enterprise is excluded from the unified state register of legal entities. This conclusion is also consistent with the provisions of the Federal Law of January 8, 1998 N 6-FZ “On Insolvency (Bankruptcy)”, which became invalid due to the entry into force of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)” . So, in accordance with paragraph 4 of Art. 134 of Law N 127-FZ, when opening bankruptcy proceedings, the claims of creditors, to whom the debtor is liable for causing harm to life or health, are satisfied primarily by capitalizing the corresponding time payments. In accordance with Art. 135 of the said Law, the procedure and conditions for the capitalization of the corresponding time payments are determined by the Government of the Russian Federation. With the payment of capitalized time payments, the amount of which is determined in the manner prescribed by paragraph 1 of this article, the corresponding obligation of the debtor is terminated. With the consent of the citizen, his right to claim against the debtor in the amount of capitalized time payments passes to the Russian Federation. The specified requirement in case of its transfer to the Russian Federation is also satisfied in the first place. In this case, the obligations of the debtor to the citizen to pay capitalized time payments are transferred to the Russian Federation and are executed by the Russian Federation in accordance with federal law in the manner determined by the Government of the Russian Federation. The former Law “On Insolvency (Bankruptcy)” contained similar provisions. Decree of the Government of the Russian Federation of November 17, 2000 N 863 “On the procedure for making capitalized payments to the Social Insurance Fund of the Russian Federation upon liquidation of legal entities - insurers for compulsory social insurance against industrial accidents and occupational diseases” regulates the issues of making liquidated ( including in connection with their recognition as bankrupt) by legal entities - insurers for compulsory social insurance against industrial accidents and occupational diseases of capitalized payments intended to satisfy the claims of citizens to whom the liquidated legal entity is liable for causing harm to life or health, and provision of compulsory social insurance against accidents at work and occupational diseases to the insured and persons entitled to receive insurance payments in the event of the death of the insured as a result of insured events.

From a systematic interpretation of paragraph 5 of Art. 28 of Law N 125-FZ and the procedure for capitalization of payments established by Decree of the Government of the Russian Federation N 863 in the event of liquidation of a legal entity, it follows that the obligation to pay the debts of the liquidated employer is assigned to the Social Insurance Fund of the Russian Federation, including when the said debt was formed before 06.01 .2000.

Moreover, judicial practice follows the path that if a legal entity - an employer is not excluded from the state register of legal entities, but the liquidation commission did not complete the liquidation of the legal entity, ceased to be carried out (including due to lack of funds), the capitalization of the amounts of compensation for harm was not made, and the enterprise actually ceased to function, the obligation to compensate for harm is assigned to the branch of the Social Insurance Fund, including for debts before 01/06/2000 (BVS RF. 2000, N 2). However, this obligation can be assigned to the fund only if the liquidation procedure of the legal entity has begun (Articles 61-63 of the Civil Code of the Russian Federation) and it has been established that the victim cannot pay off the resulting debt at the expense of the employer. In other cases, in accordance with paragraph 3 of Art. 28 of Law N 125-FZ, the responsibility for the liquidation of debts resulting from the employer's failure to fulfill its obligations to compensate for harm before 01/06/2000 is borne by the employer himself.

7. Establishing the fact of being dependent

In accordance with paragraphs. 2, 4 art. 7 of Law N 125-FZ, the right to receive insurance payments in the event of the death of the insured as a result of the occurrence of an insured event are, in particular, disabled persons who were dependent on the deceased or had the right to receive maintenance from him by the day of his death; as well as persons dependent on the deceased who became disabled within five years from the date of his death. The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the earnings of the insured was their permanent and main source of livelihood.

When applying these norms of the law, it is important to establish the fact that a person is dependent on the insured person. The criteria for dependency are defined in the above Art. 7 of Law N 125-FZ, as well as in the Decree of the Plenum of the Supreme Soviet of the USSR of 06/21/1985 “On judicial practice in cases of establishing facts of legal significance”, which explains that establishing the fact that a person is dependent on the deceased is important for obtaining inheritance, a pension or compensation for harm, if the assistance provided was a permanent and main source of livelihood for the applicant. In cases where the applicant had an income, received a pension, a stipend, etc., it is necessary to find out whether the assistance from the person who provided the maintenance was a permanent and main source of the applicant's livelihood.

When checking the fact that a person claiming to receive insurance payments in the event of loss of a breadwinner is dependent on the insured, it is necessary to compare the income of the person who applied for compensation, which he had by the day of the death of the insured person, and the share of the salary of the deceased, attributable to the specified family member, applying for insurance benefits. When verifying this fact, it is necessary to take into account a number of circumstances relevant to the case. In particular, it should be taken into account that the applicant for compensation has other persons who are obliged to provide him with maintenance, and the provision of assistance by such persons. For example, disabled parents applied for insurance coverage in connection with the death of their son. In this case, concluding that the assistance provided to the deceased was a constant and main source of livelihood for disabled parents, one should also take into account the presence of other children and their assistance.

If the assistance from the breadwinner consisted of physical work, that is, it was not of a material nature, then this assistance cannot be taken into account when determining the fact of dependency, since insurance coverage is compensation for the lost share of the breadwinner's salary.

Judicial Collegium for Civil Cases

Perm Regional Court

July 24, 1998 No. 125-FZ

RUSSIAN FEDERATION
THE FEDERAL LAW

ON MANDATORY SOCIAL INSURANCE FROM ACCIDENTS
OCCUPATIONAL INCIDENTS AND OCCUPATIONAL DISEASES

(as amended on 01/10/2016)

Chapter I. GENERAL PROVISIONS

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:

ensuring social protection of the insured and economic interest of insurance subjects in reducing occupational risk;
compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract and in other cases established by this Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and professional rehabilitation;
No. 348-FZ)
ensuring preventive measures to reduce industrial injuries and occupational diseases.

Article 2

Article 3. Basic concepts used in this Federal Law

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

the object of compulsory social insurance against accidents at work and occupational diseases - the property interests of individuals associated with the loss of these individuals of health, professional disability or their death due to an accident at work or occupational disease;
subjects of insurance - the insured, the policyholder, the insurer;
insured:
an individual subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with the provisions of paragraph 1 of Article 5 of this Federal Law;
an individual who has received damage to health as a result of an accident at work or an occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work;
insured - a legal entity of any organizational and legal form (including a foreign organization operating in the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases in accordance with with paragraph 1 of Article 5 of this Federal Law;
insurer - Social Insurance Fund of the Russian Federation;
insured event - the fact of damage to the health or death of the insured as a result of an accident at work or an occupational disease, confirmed in accordance with the established procedure, which entails the insurer's obligation to provide insurance coverage;
No. 394-FZ)
accident at work - an event as a result of which the insured received an injury or other damage to health in the performance of his duties under an employment contract and in other cases established by this Federal Law both on the territory of the insured and outside it or while traveling to the place of work or return from the place of work on the transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of his professional ability to work or his death;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
occupational disease - a chronic or acute illness of the insured, which is the result of exposure to a harmful (harmful) production (production) factor (factors) and caused temporary or permanent loss of his professional ability to work and (or) his death;
(As amended by Federal Law No. 394-FZ of December 29, 2015)
insurance premium - a mandatory payment for compulsory social insurance against accidents at work and occupational diseases, calculated on the basis of the insurance tariff, a discount (surcharge) to the insurance tariff, which the insured is obliged to pay to the insurer;
insurance rate - the rate of the insurance premium calculated on the basis of the amounts of payments and other remunerations accrued in favor of the insured under labor contracts and civil law contracts and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
insurance provision - insurance compensation for harm caused as a result of an insured event to the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or persons entitled to it in accordance with this Federal Law;
occupational risk - the probability of damage (loss) of health or death of the insured, associated with the performance of his duties under an employment contract and in other cases established by this Federal Law;
class of occupational risk - the level of occupational injuries, occupational morbidity and insurance costs, established by types of economic activity of insurers;
professional ability to work - the ability of a person to perform work of a certain qualification, volume and quality;
the degree of loss of professional capacity for work - a persistent decrease in the ability of the insured to carry out professional activities, expressed as a percentage, before the occurrence of an insured event;
earnings of the insured - all types of payments and other remunerations (both at the main place of work and part-time), accrued in favor of the insured within the framework of labor relations and civil law contracts, the subject of which is the performance of work and (or) the provision of services, copyright agreements order, if in accordance with the said contracts the customer is obliged to pay insurance premiums to the insurer, and included in the base for calculating insurance premiums in accordance with Article 20.1 of this Federal Law.

Article 4. Basic principles of compulsory social insurance against industrial accidents and occupational diseases

The main principles of compulsory social insurance against industrial accidents and occupational diseases are:

guaranteeing the right of the insured to insurance coverage;
economic interest of subjects of insurance in improving conditions and increasing labor safety, reducing industrial injuries and occupational morbidity;
obligatory registration as insurers of all persons hiring (attracting to work) workers subject to compulsory social insurance against accidents at work and occupational diseases;
mandatory payment of insurance premiums by insurers;
differentiation of insurance rates depending on the class of occupational risk.

Article 5. Persons subject to compulsory social insurance against accidents at work and occupational diseases

1. Compulsory social insurance against accidents at work and occupational diseases are subject to:

individuals performing work on the basis of an employment contract concluded with the insured;
(as amended by Federal Law No. 348-FZ of 08.12.2010)
individuals sentenced to imprisonment and employed by the insured.
Individuals performing work on the basis of a civil law contract, the subject of which is the performance of work and (or) the provision of services, contracts of author's order, are subject to compulsory social insurance against accidents at work and occupational diseases, if in accordance with these contracts the customer is obliged to pay insurance premiums to the insurer.
(As amended by Federal Law No. 394-FZ of December 29, 2015)

Article 6. Registration of policyholders

1. Registration of policyholders is carried out in the territorial bodies of the insurer:

1) policyholders - legal entities within a period not exceeding three working days from the date of submission to the territorial bodies of the insurer by the federal executive body that carries out state registration of legal entities, the information contained in the unified state register of legal entities and submitted in the manner established by the authorized Government of the Russian Federation Federation by the federal executive body;

2) policyholders - legal entities at the location of their separate subdivisions, for which legal entities have opened accounts in banks (other credit institutions) for transactions and which have a separate balance sheet and accrue payments and other remuneration in favor of individuals, on the basis of an application for registration in as an insured, submitted no later than 30 calendar days from the date of establishment of such a separate subdivision;

3) policyholders - individuals who have concluded an employment contract with an employee, at the place of residence of the policyholder on the basis of an application for registration as an insurant, submitted no later than 30 calendar days from the date of conclusion of an employment contract with the first of the hired employees;

4) policyholders - individuals who are obliged to pay insurance premiums in connection with the conclusion of a civil law contract, the subject of which is the performance of works and (or) the provision of services, an author's order agreement, at the place of residence of the policyholder on the basis of an application for registration as an policyholder, submitted no later than 30 calendar days from the date of conclusion of the said agreement.

2. A document confirming the fact of registration of the insurers specified in subparagraph 1 of paragraph 1 of this article, and a document on the insurance tariff for compulsory social insurance against accidents at work and occupational diseases are sent by the territorial body of the insurer to the insurer using public information and telecommunication networks, in including the Internet, including the unified portal of state and municipal services, in the form of electronic documents signed with an enhanced qualified electronic signature, to the email address contained in the information of the unified state register of legal entities (if the email address is indicated in the application for state registration) submitted by the federal executive body in charge of state registration of legal entities to the territorial bodies of the insurer. It is not obligatory for the insured to receive in writing on paper the confirmation of the fact of this registration and information on the insurance rate for compulsory social insurance against industrial accidents and occupational diseases. Such documents are issued at the relevant request of the insured by the territorial body of the insurer within a period not exceeding three working days from the date of receipt of the relevant request.

3. Deregistration of policyholders is carried out at the place of registration in the territorial bodies of the insurer:

1) policyholders - legal entities within a period not later than five working days from the date of submission to the territorial bodies of the insurer by the federal executive body carrying out state registration of legal entities, the information contained in the unified state register of legal entities, in the manner determined by the federal government authorized by the Government of the Russian Federation executive authority;

2) policyholders - legal entities specified in subparagraph 2 of paragraph 1 of this article, no later than 14 working days from the date of filing by the insurant of an application for deregistration (in the event of liquidation of a separate subdivision, or closing by the insurant - legal entity of an account with a bank (other a credit institution) open for transactions by a separate subdivision, or termination of the powers of a separate subdivision to maintain a separate balance sheet or accrue payments and other remuneration in favor of individuals) at the location of such a separate subdivision;

3) policyholders - individuals specified in subparagraph 3 of paragraph 1 of this article, no later than 14 working days from the date of filing by the insurant of an application for deregistration (in the event of termination of the employment contract with the last of the hired employees);

4) policyholders - individuals specified in subparagraph 4 of paragraph 1 of this article, no later than 14 working days from the date of filing by the insurant of an application for deregistration (in the event of termination or expiration of a civil law contract, the subject of which is the performance of work and (or) provision of services, author's order contracts in the absence of an employment contract with an employee accepted by the insured).

4. Applications for registration as an insurant and applications for deregistration of insurers specified in subparagraphs 2-4 of paragraph 1 of this article shall be submitted on paper or in the form of an electronic document signed with an enhanced qualified electronic signature.

5. The procedure for registration and deregistration of policyholders specified in subparagraphs 2 - 4 of paragraph 1 of this article, as well as the forms of documents used by the territorial bodies of the insurer during registration and deregistration of policyholders, are established by the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance.

Article 7. Right to insurance security

1. The right of the insured to insurance coverage arises from the day the insured event occurs.

2. The right to receive insurance payments in the event of the death of the insured as a result of an insured event have:

disabled persons who were dependents of the deceased or had the right to receive maintenance from him by the day of his death;
the child of the deceased, born after his death;
one of the parents, spouse (wife) or other family member, regardless of his ability to work, who does not work and is busy caring for the dependent children of the deceased, his grandchildren, brothers and sisters who have not reached the age of 14 years, or although they have reached the specified age, but according to the conclusion of the federal institution of medical and social expertise (hereinafter referred to as the institution of medical and social expertise) or a medical organization recognized as needing outside care for health reasons;
(As amended by Federal Law No. 394-FZ of December 29, 2015)
persons dependent on the deceased who became disabled within five years from the date of his death.

3. Insurance payments in case of death of the insured are paid:

minors - until they reach the age of 18 years;
students over 18 years of age - until full-time education, but not more than 23 years;
women who have reached the age of 55 and men who have reached the age of 60 - for life;
disabled people - for the period of disability;
one of the parents, spouse (wife) or other family member who is not working and is busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their state of health.

Chapter II. INSURANCE SECURITY

Article 8. Types of security for insurance

1. Provision for insurance is carried out:

2) in the form of insurance payments:

a one-time insurance payment to the insured person or persons entitled to receive such payment in the event of his death;

monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;

3) in the form of payment of additional expenses associated with the medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event, for:

treatment of the insured carried out on the territory of the Russian Federation immediately after a serious accident at work has occurred until the restoration of working capacity or the establishment of a permanent loss of professional ability to work;
purchase of medicines for medical use and medical devices;
(as amended by Federal Law No. 421-FZ of December 28, 2013)
extraneous (special medical and domestic) care for the insured, including those carried out by members of his family;
the travel of the insured, and, if necessary, the travel of the person accompanying him to receive certain types of medical and social rehabilitation (treatment immediately after a severe accident at work, medical rehabilitation in organizations providing sanatorium and resort services, obtaining a special vehicle, ordering, fitting, receiving, repairing, replacing prostheses, prosthetic and orthopedic products, orthoses, technical means of rehabilitation) and when sent by the insurer to the institution of medical and social expertise and to the institution that examines the connection of the disease with the profession;
medical rehabilitation in organizations providing sanatorium and resort services, including on a voucher, including payment for treatment, accommodation and meals for the insured, and, if necessary, payment for travel, accommodation and meals for the person accompanying him, payment for the insured’s vacation (in excess of the annual paid leave established by legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back;
production and repair of prostheses, prosthetic and orthopedic products and orthoses;
providing technical means of rehabilitation and their repair;
provision of vehicles in the presence of relevant medical indications and the absence of contraindications to driving, their current and major repairs and payment of expenses for fuels and lubricants;
(as amended by Federal Law No. 132-FZ of October 23, 2003)
vocational training and additional vocational education.
(as amended by Federal Law No. 185-FZ dated July 2, 2013)

3. Harm caused to the life or health of an individual in the performance of obligations under a civil law contract, the subject of which is the performance of work and (or) the provision of services, an author's order contract, in accordance with which the customer's obligation to pay insurance premiums to the insurer is not provided for, compensated by the inflictor of harm in accordance with the legislation of the Russian Federation.

Compensation to the insured person for moral damage caused in connection with an accident at work or an occupational disease is carried out by the tortfeasor.

Article 9

(as amended by Federal Law No. 36-FZ dated April 5, 2013)

1. Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or establishment of a permanent loss of professional ability to work in the amount of 100 percent of his average earnings, calculated in accordance with the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood”.

2. The maximum amount of temporary disability benefits due to an accident at work or an occupational disease for a full calendar month may not exceed four times the maximum amount of the monthly insurance payment established in accordance with paragraph 12 of Article 12 of this Federal Law.

3. If the amount of the benefit for temporary disability due to an accident at work or an occupational disease, calculated from the average earnings of the insured person, exceeds the maximum amount of the benefit for temporary disability due to an accident at work or an occupational disease, this benefit is paid based on the specified maximum size. In this case, the daily allowance for temporary disability due to an accident at work or an occupational disease is determined by dividing the maximum amount of the allowance for temporary disability due to an accident at work or an occupational disease for a full calendar month by the number of calendar days in a calendar month, which accounts for temporary disability, and the amount of benefit payable is calculated by multiplying the daily allowance for temporary disability due to an accident at work or occupational disease by the number of calendar days falling on the period of temporary disability in each calendar month.

Article 10. Lump sum insurance payments and monthly insurance payments

1. One-time insurance payments and monthly insurance payments are assigned and paid:

to the insured - if, according to the conclusion of the institution of medical and social expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;

persons entitled to receive them - if the result of the insured event was the death of the insured.

Article 11

1. The amount of a one-time insurance payment is determined in accordance with the degree of loss of professional capacity for work by the insured person, based on the maximum amount established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. In areas where regional coefficients are established, percentage bonuses to wages, the amount of a one-time insurance payment assigned to the insured person depending on the degree of loss of his professional ability to work, is determined taking into account these coefficients and bonuses.

(as amended by Federal Laws No. 259-FZ of December 29, 2006, No. 331-FZ of December 2, 2013)

2. In the event of the death of the insured, the amount of the lump-sum insurance payment is 1 million rubles.

(Clause 2 as amended by Federal Law No. 331-FZ of December 2, 2013)

3. The degree of loss of professional capacity for work by the insured is established by the institution of medical and social expertise.

The procedure for establishing the degree of loss of professional ability to work as a result of accidents at work and occupational diseases is determined by the Government of the Russian Federation.

Article 12. Amount of monthly insurance payment

(as amended by Federal Law No. 118-FZ of July 7, 2003)

2. When calculating the amount of earnings lost by the insured as a result of an insured event, payments and other remuneration accrued in favor of individuals under a civil law contract, the subject of which is the performance of work and (or) the provision of services, an author's order contract, in accordance with which the customer is obliged to pay insurance premiums to the insurer.

(As amended by Federal Law No. 394-FZ of December 29, 2015)

All types of earnings are taken into account in the amounts accrued before taxes, fees and other obligatory payments.

In areas where district coefficients are established, percentage bonuses to wages, the amount of the monthly insurance payment is determined taking into account these coefficients and bonuses.

(as amended by Federal Law No. 348-FZ of 08.12.2010)

3. The average monthly earnings of the insured shall be calculated by dividing the total amount of his earnings (taking into account bonuses accrued in the billing period) for 12 months of work that caused damage to health, preceding the month in which he had an accident at work, was diagnosed with an occupational disease or (according to the choice of the insured) the loss (decrease) of his professional ability to work is set by 12. When calculating the average monthly earnings of the insured, months not fully worked by him, as well as months for which there is no information about the earnings of the insured, are replaced by previous months, fully worked at work that caused damage health, and for which there is evidence of earnings, or are excluded if it is impossible to replace them. Replacement of months not fully worked out by the insured is not carried out if during this period he retained, in accordance with the legislation of the Russian Federation, the average earnings, on which insurance premiums are charged in accordance with Article 20.1 of this Federal Law.

(as amended by Federal Laws No. 118-FZ of July 7, 2003, No. 394-FZ of December 29, 2015)

If the work that resulted in damage to health lasted less than 12 months or 12 months, but there is no information on earnings for one or more months, the average monthly earnings of the insured person are calculated by dividing the total amount of his earnings by the number of months actually worked by him for which information on earnings is available and which preceded the month in which an accident occurred to him at work, a diagnosis of an occupational disease was established or (at the option of the insured) a loss (decrease) of his professional ability to work was established, by the number of months actually worked. If the period of work that caused damage to health was less than one full calendar month, the monthly insurance payment is calculated based on the conditional monthly earnings, determined by dividing the amount of earnings for the hours worked by the number of days worked and multiplying the result by the number of working days in a month calculated on an annual average.

(As amended by Federal Law No. 394-FZ of December 29, 2015)

(Clause 4 as amended by Federal Law No. 118-FZ dated July 7, 2003)

5. If an insured event occurred after the expiration of the employment contract, as well as a civil law contract, the subject of which was the performance of work and (or) the provision of services, an author's order contract and, in accordance with these contracts, payment of insurance premiums to the insurer was provided, monthly insurance payment calculated from the earnings of the insured until the expiration of the specified contract.

(Clause 5 as amended by Federal Law No. 394-FZ of December 29, 2015)

7. If the insured (policyholder) is unable to submit a certificate (certificates) of earnings, from which the monthly insurance payment must be calculated, the monthly insurance payment is calculated from the tariff rate (official salary) established in the industry (sub-sector) for this profession and similar working conditions at the time of applying for insurance payments, or (at the choice of the insured) the subsistence minimum for the able-bodied population as a whole in the Russian Federation, established in accordance with federal law on the day of applying for the assignment of insurance coverage. At the same time, if the insured at the time of the occurrence of the insured event worked part-time (part-time (shift) or part-time working week), the amount of the monthly insurance payment is subject to reduction in proportion to the duration of the insured person's working time.

In this case, the territorial body of the insurer, at the request of the insured, sends a request to the territorial body of the Pension Fund of the Russian Federation to provide information on the salary, other payments and remunerations of the insured from the relevant insured for the calendar year preceding the year in which the accident occurred to him at work, a diagnosis of an occupational disease has been established or (at the choice of the insured) a loss (decrease) of his professional ability to work has been established, or at the request of the insured in the event of an insured event due to the receipt of an occupational disease by him - for the last calendar year of work that caused such a disease. The application form of the insured, the form and procedure for sending a request, the form, procedure and deadlines for the submission of the requested information by the territorial body of the Pension Fund of the Russian Federation are established by the federal executive body responsible for developing state policy and legal regulation in the field of social insurance. If the specified information is available, the monthly insurance payment is calculated based on this information.

In the event that after the appointment of the monthly insurance payment calculated in the manner provided for in paragraphs one and two of this paragraph, the insured (insured) submits to the territorial body of the insurer a certificate (certificates) on the earnings of the insured, from which the monthly insurance payment assigned was to be initially calculated the monthly insurance payment is subject to recalculation from the month following the month in which the corresponding certificate (certificates) was submitted. In this case, the amount of the recalculated monthly insurance payment cannot be less than the previously established amount.

(Clause 7 as amended by Federal Law No. 394-FZ of December 29, 2015)

(as amended by Federal Laws No. 141-FZ dated October 25, 2001, No. 118-FZ dated July 7, 2003)

9. The monthly insurance payment is not subject to further recalculation, except for the following cases:

change in the degree of loss of professional ability to work;

change in the circle of persons entitled to receive insurance payments in the event of the death of the insured;

clarification of data on the amount of the actual earnings of the insured;

indexation of the monthly insurance payment.

(Clause 9 as amended by Federal Law No. 394-FZ of December 29, 2015)

(As amended by Federal Law No. 350-FZ dated 09.12.2010)

(paragraph introduced by Federal Law No. 90-FZ of May 19, 2010)

(paragraph introduced by Federal Law No. 350-FZ of 09.12.2010)

The indexation coefficient and its frequency are determined by the Government of the Russian Federation.

(Clause 11 as amended by Federal Law No. 152-FZ dated November 26, 2002)

12. Has become invalid since January 1, 2016. - Federal Law No. 118-FZ of July 7, 2003 (as amended on December 29, 2015).

Article 13

(as amended by Federal Law No. 118-FZ of July 7, 2003)

Article 14

When determining the degree of guilt of the insured, the opinion of the trade union committee or other representative body authorized by the insured is considered.

The amount of monthly insurance payments provided for by this Federal Law may not be reduced in the event of the death of the insured.

In the event of insured events confirmed in accordance with the established procedure, a refusal to compensate for harm is not allowed.

2. Damage caused by the intent of the insured, confirmed by the conclusion of law enforcement agencies, is not subject to compensation.

Article 15. Appointment and payment of insurance security

2. The day of applying for insurance security is the day when the insured person or the person entitled to receive insurance payments in the event of the death of the insured, or their legal or authorized representative, submits to the insurer an application for receiving insurance security. If the specified application is sent by mail, the day of applying for insurance security is the date indicated on the postmark of the postal organization at the place of sending this application.

The insured person or the person entitled to receive insurance payments in the event of the death of the insured person, or their legal or authorized representative has the right to apply to the insurer with an application for receiving insurance coverage, regardless of the limitation period of the insured event.

(Clause 2 as amended by Federal Law No. 394-FZ of December 29, 2015)

(paragraph introduced by Federal Law No. 118-FZ of July 7, 2003)

4. Assignment of security for insurance is carried out by the insurer on the basis of an application for obtaining security for insurance by the insured or a person entitled to receive insurance payments in the event of the death of the insured, or their legal or authorized representative, indicating in this application the selected period for calculating monthly insurance payments. The application is submitted on paper or in the form of an electronic document signed with an enhanced qualified electronic signature. Simultaneously with the application, the insured or the above persons shall submit the following documents (their duly certified copies):

identity document of a citizen;
an act of an accident at work or an occupational disease;
conclusion of the state labor inspector;
a court decision on the establishment of the legal fact of an accident at work (occupational disease) - in the absence of the documents specified in paragraphs three and four of this paragraph, or to establish the fact of an accident at work or an occupational disease that occurred with a person carrying out work under civil law an agreement, the subject of which is the performance of works and (or) the provision of services, under an author's order agreement;
a work book or other document confirming that the victim is in an employment relationship with the insured;
a civil law contract, the subject of which is the performance of works and (or) the provision of services, an author's order contract, providing for the payment of insurance premiums to the insurer;
death certificate of the insured, other certificates of state registration of acts of civil status;
a conclusion issued in accordance with the established procedure on the connection of the death of the insured with an accident at work or an occupational disease;
the conclusion of the institution of medical and social expertise on the degree of loss of professional capacity for work by the insured;
notification of a medical organization about the establishment of the final diagnosis of an acute or chronic occupational disease (poisoning);
the conclusion of the center of occupational pathology on the presence of an occupational disease;
certificate (other document) on the earnings of the insured for the period chosen by him for the calculation of monthly insurance payments;
rehabilitation program for the victim;
documents confirming the costs of medical, social and professional rehabilitation of the insured;
documents containing information about the composition of the family of the deceased insured person;
a document confirming that one of the parents, spouse (wife) or other family member of the deceased insured person is engaged in caring for the children, grandchildren, brothers and sisters of the insured person who have not reached the age of 14 years or have reached the specified age, but according to the conclusion of the institution of medical and social expertise or a medical organization recognized as needing outside care for health reasons, does not work;
a certificate from an educational organization stating that a family member of the deceased insured person who is entitled to receive insurance payments is studying in this educational organization on a full-time basis;
conclusion of an institution of medical and social expertise or a medical organization on recognizing the children, grandchildren, brothers and sisters of the insured person who have reached the age of 14 years as in need of outside care for health reasons;
a court decision confirming the fact of being dependent;
a document confirming the authority of a legal or authorized representative of the insured or a legal or authorized representative of a person entitled to receive insurance benefits in the event of the death of the insured, if such a representative submits an application.

The documents necessary for the appointment of insurance security are submitted by the insured (the insured or the person entitled to receive insurance payments in the event of the death of the insured, or their legal or authorized representative) on paper or in the form of an electronic document signed by an official authorized to sign such a document. by the person of the body (organization) by the type of electronic signature established by the legislation of the Russian Federation for signing these documents.

The list of documents (their duly certified copies) specified in this clause and necessary for assigning insurance security is determined by the insurer for each insured event.

In the absence of the insured, the location of the insured in the territory of another subject of the Russian Federation or a serious state of health of the insured or a person entitled to receive insurance payments in the event of the death of the insured, the insurer, on the basis of their application, assists in obtaining the documents necessary for assigning insurance security, by requesting them from the relevant legal entities and individuals.

The decision to assign or refuse to assign insurance payments is made by the insurer no later than ten calendar days (in the event of the death of the insured - no later than two calendar days) from the date of receipt of the application for obtaining insurance security and all necessary documents (their copies certified in the prescribed manner ) according to their list. The insurer shall notify the insured person of the decision taken in writing within three working days from the day the relevant decision was made.

(Clause 5 as amended by Federal Law No. 118-FZ of July 7, 2003)

One-time insurance payments are made within the time limits established by paragraph 2 of Article 10 of this Federal Law.

Monthly insurance payments are made by the insurer no later than the expiration of the month for which they are accrued.

(Clause 7 as amended by Federal Law No. 118-FZ of July 7, 2003)

Penalty due to the delay of insurance payments by the insured shall not be counted towards the payment of insurance premiums to the insurer.

The application is submitted by the insured on paper or in the form of an electronic document signed with an enhanced qualified electronic signature.

(Clause 9 as amended by Federal Law No. 118-FZ of July 7, 2003)

Chapter III. RIGHTS AND OBLIGATIONS OF SUBJECTS OF INSURANCE

Article 16. Rights and obligations of the insured

1. The insured has the right to:

1) insurance coverage in the manner and on the terms established by this Federal Law;

2) participation in the investigation of an insured event, including with the participation of a trade union body or its legal or authorized representative;

(As amended by Federal Law No. 394-FZ of December 29, 2015)

3) appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and to the court;

4) protection of their rights and legitimate interests, including in court;

6) independent appeal to medical organizations and institutions of medical and social expertise on issues of medical examination and re-examination;

(As amended by Federal Law No. 394-FZ of December 29, 2015)

7) appeal to trade unions or other representative bodies authorized by the insured on issues of compulsory social insurance against industrial accidents and occupational diseases;

8) receiving from the insured and the insurer free information about their rights and obligations under compulsory social insurance against accidents at work and occupational diseases.

2. The insured is obliged:

1) comply with labor protection rules and labor protection instructions;

(Item 3 as amended by Federal Law No. 118-FZ of July 7, 2003)

Article 17. Rights and obligations of the insured

1. The policyholder has the right:

1) participate in the establishment of allowances and discounts to the insurance tariff;

2) to require the participation of the executive authority for labor in verifying the correctness of the establishment of allowances and discounts to the insurance rate;

3) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The policyholder is obliged:

1) timely submit to the territorial authorities of the insurer the documents required for registration as an insured, in the cases provided for in paragraphs three, four and five of part one of Article 6 of this Federal Law, if such documents (the information contained in them) are not at the disposal of the authorities, providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to state bodies or local governments in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, or such documents are included in the list of documents determined by the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services”.

(as amended by Federal Laws No. 185-FZ of December 23, 2003, No. 383-FZ of December 3, 2011, No. 216-FZ of July 21, 2014, No. 394-FZ of December 29, 2015)

Documents required for registration as an insured, in the cases provided for in paragraphs three, four and five of part one of Article 6 of this Federal Law, may be submitted on paper or in the form of electronic documents signed by officials of bodies (organizations) authorized to sign such documents. ) the type of electronic signature that is established by the legislation of the Russian Federation for signing these documents;

(paragraph introduced by Federal Law No. 216-FZ of July 21, 2014)

2) correctly calculate, pay (transfer) insurance premiums in a timely manner and in full;

(Item 2 as amended by Federal Law No. 394-FZ dated December 29, 2015)

3) execute decisions of the insurer on insurance payments;

4) provide measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;

5) investigate insured events in accordance with the procedure 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) within 24 hours from the date of occurrence of the insured event, notify the insurer about it;

8) send the insured person to an institution of medical and social expertise for an examination (re-examination) within the time limits established by the institution of medical and social expertise;

11) to train the insured in safe methods and techniques of work on the job at the expense of the insured;

13) notify the territorial bodies of the insurer:

on the creation, liquidation, change of the address (location) and (or) name of the separate subdivisions specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law, as well as on the closing by the insured legal entity of an account with a bank (other credit institution) opened for carrying out activities by a separate subdivision, or on the termination of the powers of a separate subdivision to maintain a separate balance sheet or to accrue payments and other remuneration in favor of individuals;

on a change of place of residence (for policyholders - individuals specified in subparagraphs 3 and 4 of paragraph 1 of Article 6 of this Federal Law);

(Item 13 as amended by Federal Law No. 394-FZ dated December 29, 2015)

14) execute the decisions of the state labor inspectorate on the prevention of the occurrence of insured events and their investigation;

15) provide the insured person with certified copies of the documents that are the basis for insurance coverage;

16) explain to the insured their rights and obligations, as well as the procedure and conditions for compulsory social insurance against industrial accidents and occupational diseases;

17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of his documents that are the basis for providing insurance, and submit reports to the insurer in the form established by the insurer in agreement with the federal executive body responsible for developing state policy and legal regulation in the field of social insurance;

(as amended by Federal Laws No. 213-FZ dated July 24, 2009, No. 188-FZ dated June 28, 2014)

18) inform the insurer of all known circumstances that are relevant in determining by the insurer in the prescribed manner the premiums and discounts to the insurance rate, including information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations of employees subject to these examinations;

19) submit to the territorial bodies of the insurer documents confirming the correctness of calculation, timeliness and completeness of payment (transfer) of insurance premiums and the correctness of expenses for the payment of insurance security to the insured (in this case, these documents can be submitted in the form of electronic documents and transmitted using information and telecommunication networks, access to which is not limited to a certain circle of people, including a single portal of state and municipal services).

(Item 19 was introduced by Federal Law No. 394-FZ of December 29, 2015)

Article 18. Rights and obligations of the insurer

1. The insurer has the right:

1) establish for policyholders, in the manner determined by the Government of the Russian Federation, surcharges and discounts to the insurance rate;

2) provide policyholders with deferrals (installment plans) for the payment of insurance premiums, penalties and fines in the manner and on conditions that are similar to the procedure and conditions established by Articles 18.1, 18.2, 18.4 and 18.5 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (hereinafter referred to as the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund");

3) participate in the investigation of insured events, examination (re-examination) of the insured person in the institution of medical and social expertise and determination of his need for medical, social and professional rehabilitation;

4) send the insured person to an institution of medical and social expertise for an examination (re-examination);

5) check information about insured events in organizations of any organizational and legal form;

6) make a decision on the direction by the insurers in the amount determined annually by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year, part of the amount of insurance premiums for financial support of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium treatment of workers, employed in work with harmful and (or) dangerous production factors. The financial support of the above measures is carried out in accordance with the rules approved in the manner determined by the Government of the Russian Federation;

7) conduct checks on the correctness of the calculation, timeliness and completeness of payment (transfer) of insurance premiums by the insured, as well as the correctness of the payment of insurance security to the insured, require and receive from the insured the necessary documents and explanations on issues arising during the checks, in a manner similar to the procedure, established by parts 1, 2, 4 of article 33 and articles 34 - 39 of the Federal Law "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund";

8) demand from policyholders documents that serve as the basis for the calculation and payment (transfer) of insurance premiums, expenses for the payment of insurance security, as well as documents confirming the correctness of the calculation, timeliness and completeness of payment (transfer) of insurance premiums, the correctness and validity of the costs of the insured for the payment of insurance collateral;

9) not to accept for offset against the payment of insurance premiums the expenses of the insured made in violation of the legislation of the Russian Federation on compulsory social insurance against accidents at work and occupational diseases, not supported by documents or made on the basis of incorrectly executed or issued documents in violation of the established procedure;

10) interact with the state labor inspectorate, labor executive authorities, institutions of medical and social expertise, trade unions, as well as with other authorized insured bodies on issues of compulsory social insurance against industrial accidents and occupational diseases;

12) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

2. The insurer is obliged:

1) timely register policyholders;

(As amended by Federal Law No. 185-FZ of December 23, 2003)

2) collect insurance premiums;

3) timely carry out insurance collateral in the amount and terms established by this Federal Law, including the necessary delivery and transfer of funds for insurance collateral;

6) ensure accounting for the use of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

7) to execute decisions of the state labor inspectorate on issues of compulsory social insurance against accidents at work and occupational diseases;

8) to control the activities of the insured in the performance of his obligations under Articles 17 and 19 of this Federal Law;

10) accumulate capitalized payments in case of liquidation of the insured;

12) ensure the confidentiality of information received as a result of their activities about the insured, the insured and persons entitled to receive insurance payments. Restriction of access to information about the insured is carried out in the manner similar to the procedure established by Article 32 of the Federal Law "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund";

(Item 12 as amended by Federal Law No. 394-FZ dated December 29, 2015)

(Item 13 was introduced by Federal Law No. 313-FZ of November 29, 2010)

(Item 14 was introduced by Federal Law No. 383-FZ of December 3, 2011)

Article 18.1. Obligations of bodies carrying out registration of acts of civil status

(Introduced by Federal Law No. 118-FZ of July 7, 2003)

Article 19. Liability of subjects of insurance

Violation of the period of registration as an insured with an insurer, established by Article 6 of this Federal Law, shall entail a fine in the amount of five thousand rubles.

Violation of the period of registration as an insured with an insurer established by Article 6 of this Federal Law for more than 90 calendar days shall entail a fine in the amount of 10 thousand rubles.

(As amended by Federal Law No. 394-FZ of December 29, 2015)

Failure by the policyholder to submit the prescribed reporting to the territorial body of the insurer at the place of its registration within the time period established by this Federal Law, entails a fine in the amount of 5 percent of the amount of insurance premiums accrued for payment for the last three months of the reporting (calculation) period, for each full or incomplete month from the date set for its submission, but not more than 30 percent of the specified amount and not less than 1000 rubles.

(As amended by Federal Law No. 394-FZ of December 29, 2015)

Refusal to submit or non-submission within the established period by the insured to the territorial body of the insurer of documents (copies of documents) necessary to control the correctness of the calculation, timeliness and completeness of payment (transfer) of insurance premiums, entails a fine in the amount of 200 rubles for each document not submitted.

(As amended by Federal Law No. 394-FZ of December 29, 2015)

The insurer is held liable by the insurer in the manner similar to the procedure established by Articles 40 - 43 and 45 of the Federal Law "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund".

(As amended by Federal Law No. 394-FZ of December 29, 2015)

Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

(Clause 1 as amended by Federal Law No. 47-FZ dated April 22, 2003)

Chapter IV. FUNDS FOR THE IMPLEMENTATION OF MANDATORY

SOCIAL INSURANCE AGAINST ACCIDENTS

AT WORK AND OCCUPATIONAL DISEASES

Article 20

1. Funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases are formed from:

1) mandatory insurance premiums of policyholders;

2) collected fines and penalties;

3) capitalized payments received in the event of liquidation of policyholders;

4) other receipts that do not contradict the legislation of the Russian Federation.

Article 20.1. The object of taxation of insurance premiums and the basis for calculating insurance premiums

1. Payments and other remuneration accrued by policyholders in favor of the insured within the framework of labor relations and civil law contracts, the subject of which is the performance of work and (or) the provision of services, contracts of an author's order, if in accordance with these contracts the customer obligated to pay insurance premiums to the insurer.

(Clause 1 as amended by Federal Law No. 394-FZ of December 29, 2015)

Article 20.2. Amounts not subject to insurance premiums

(Introduced by Federal Law No. 348-FZ of December 8, 2010)

1. Not subject to insurance premiums:

with compensation for harm caused by injury or other damage to health;
with free provision of living quarters, payment for living quarters and utilities, food and groceries, fuel or appropriate monetary compensation;
with the payment of the cost and (or) the issuance of the due allowance in kind, as well as with the payment of monetary funds in return for this allowance;
with payment for the cost of meals, sports equipment, equipment, sports and dress uniforms received by athletes and employees of physical culture and sports organizations for the training process and participation in sports competitions, as well as sports judges for participating in sports competitions;
(As amended by Federal Law No. 16-FZ dated February 29, 2012)
with the dismissal of employees, with the exception of:
(As amended by Federal Law No. 188-FZ dated June 28, 2014)
compensation for unused vacation;
the amount of payments in the form of severance pay and average monthly earnings for the period of employment in a part exceeding in general three times the average monthly earnings or six times the average monthly earnings for employees dismissed from organizations located in the Far North and equivalent areas;
(paragraph introduced by Federal Law No. 188-FZ of June 28, 2014)
compensation to the head, deputy heads and chief accountant of the organization in excess of three times the average monthly salary;
(paragraph introduced by Federal Law No. 188-FZ of June 28, 2014)
with reimbursement of expenses for professional training, retraining and advanced training of employees;
with the expenses of an individual in connection with the performance of work, the provision of services under civil law contracts;
with the employment of employees dismissed in connection with the implementation of measures to reduce the number or staff, reorganization or liquidation of the organization, in connection with the termination of activities by individuals as individual entrepreneurs, the termination of the powers of notaries engaged in private practice, and the termination of the status of a lawyer, as well as in connection with with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing;
with the performance of labor duties by an individual, including in connection with moving to work in another locality, with the exception of:
payments in cash for work with difficult, harmful and (or) dangerous working conditions, except for compensation payments in the amount equivalent to the cost of milk or other equivalent food products;
payments in foreign currency instead of daily allowances made in accordance with the legislation of the Russian Federation by Russian shipping companies to crew members of ships of foreign navigation, as well as payments in foreign currency to the personnel of the crews of Russian aircraft operating international flights;
compensation payments for unused vacation not related to the dismissal of employees;

3) the amount of one-time financial assistance provided by the insurers:

individuals in connection with a natural disaster or other emergency in order to compensate for material damage caused to them or harm to their health, as well as individuals affected by terrorist acts on the territory of the Russian Federation;
an employee in connection with the death of a member (members) of his family;
employees (parents, adoptive parents, guardians) at birth (adoption (adoption) of a child, paid within the first year after birth (adoption (adoption), but not more than 50,000 rubles for each child);

6) contributions paid in accordance with the Federal Law of April 30, 2008 No. 56-FZ "On additional insurance premiums for funded pensions and state support for the formation of pension savings", in the amount of paid contributions, but not more than 12,000 rubles per year calculated for each insured person in whose favor contributions were paid;

7) contributions paid in accordance with the legislation of the Russian Federation on additional social security for certain categories of employees, in the amount of contributions paid;

8) the cost of travel for employees to and from the place of vacation and the cost of carrying luggage weighing up to 30 kilograms, paid by the insured to persons working and living in the Far North and equivalent areas, in accordance with the legislation of the Russian Federation, employment contracts and (or) collective agreements. In the event that the said employees take a vacation outside the territory of the Russian Federation, the cost of travel or flight (including the cost of carrying baggage weighing up to 30 kilograms), calculated from the place of departure to the checkpoint across the State Border of the Russian Federation, including an international airport, is not subject to insurance premiums, in which employees pass border control at a checkpoint across the State Border of the Russian Federation;

(Item 8 as amended by Federal Law No. 188-FZ dated June 28, 2014)

11) the cost of travel benefits provided by the legislation of the Russian Federation to certain categories of employees;

12) the amount of material assistance provided by employers to their employees, not exceeding 4,000 rubles per employee for the billing period;

13) the amount of tuition fees for basic vocational education programs, additional professional programs and basic vocational training programs for employees;

(Item 13 as amended by Federal Law No. 185-FZ dated July 2, 2013)

14) amounts paid by employers to their employees to reimburse the costs of paying interest on loans (credits) for the acquisition and (or) construction of residential premises.

Article 21. Insurance rates

(as amended by Federal Law No. 152-FZ of December 1, 2004)

Insurance rates differentiated according to occupational risk classes are established by federal law.

(As amended by Federal Law No. 192-FZ dated July 21, 2007)

Article 22. Insurance premiums

1. Insurance premiums are paid by the insured on the basis of the insurance tariff, taking into account the discount or premium established by the insurer.

The amount of the specified discount or allowance is calculated based on the results of the work of the insured for three years and is set to the insured taking into account the state of labor protection (including the results of a special assessment of working conditions, mandatory preliminary and periodic medical examinations) and insurance costs. The amount of the established discount or premium may not exceed 40 percent of the insurance rate established by the insured. In the event of an insured event with a fatal outcome, the discount is not established.

(as amended by Federal Laws No. 300-FZ dated November 6, 2011, No. 421-FZ dated December 28, 2013)

1.1. Payment of insurance premiums to the insurer is carried out by the insured on the basis of an instruction to transfer funds to the appropriate account of the Federal Treasury.

(Clause 1.1 was introduced by Federal Law No. 394-FZ of December 29, 2015)

2.1. Insurers who temporarily send their employees under a contract for the provision of labor of employees (personnel) in the cases and on the conditions established by the Labor Code of the Russian Federation, the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment in the Russian Federation", others federal laws, to work for another legal entity or an individual entrepreneur (hereinafter referred to as the host party), they pay insurance premiums from the earnings of temporary employees based on the insurance rate determined in accordance with the main type of economic activity of the host party, as well as from allowances and discounts to the insurance rate, established taking into account the results of a special assessment of working conditions at the workplaces where the temporarily assigned employees actually work. The receiving party provides the insured with information about its main type of economic activity, the results of a special assessment of working conditions at the workplace and other information necessary to determine the insurance rate and establish premiums and discounts to the insurance rate.

(Clause 2.1 was introduced by Federal Law No. 116-FZ of May 5, 2014)

3. Rules for classifying types of economic activity as a class of professional risk, rules for establishing discounts and premiums for insurance rates for policyholders, including the procedure for providing information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations, rules for accruing, accounting and spending funds for implementation of compulsory social insurance against accidents at work and occupational diseases and the rules for the formation, placement and expenditure of a reserve of funds for the implementation of compulsory social insurance against accidents at work and occupational diseases are approved by the Government of the Russian Federation.

(Clause 3 as amended by Federal Law No. 394-FZ of December 29, 2015)

4. The insured pays insurance premiums on a monthly basis no later than the 15th day of the calendar month following the calendar month for which insurance premiums are charged. If the specified payment deadline falls on a day recognized in accordance with the legislation of the Russian Federation as a day off or a non-working holiday, the expiration date of the deadline is the next business day following it.

(Clause 4 as amended by Federal Law No. 394-FZ dated December 29, 2015)

5. Determining the settlement and reporting periods for insurance premiums, determining the date for making payments and other remunerations, calculating and paying insurance premiums by insurants, making changes to the calculation of accrued and paid insurance premiums are carried out in the manner similar to the procedure established by Articles 10, 11, 15 and 17 of the Federal Law "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund", respectively.

(Clause 5 was introduced by Federal Law No. 394-FZ of December 29, 2015)

Article 22.1. Ensuring the fulfillment of the obligation to pay insurance premiums

(as amended by Federal Law No. 358-FZ of December 21, 2013)

Ensuring the fulfillment of the obligation to pay insurance premiums, including the collection of arrears on insurance premiums, penalties and fines, is carried out in a manner similar to the procedure established by the provisions of Articles 18, 19 - 23, 25 - 27 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Fund social insurance of the Russian Federation, the Federal Compulsory Medical Insurance Fund.

(As amended by Federal Law No. 394-FZ of December 29, 2015)

Article 22.2. Obligations of banks (other credit organizations) related to the execution of instructions for the transfer of funds of compulsory social insurance against accidents at work and occupational diseases, and liability for their failure

(As amended by Federal Law No. 394-FZ of December 29, 2015)

1. Banks (other credit organizations) shall be obliged to execute the insured's order to transfer insurance premiums, penalties and fines to the budget of the Social Insurance Fund of the Russian Federation to the appropriate account of the Federal Treasury, as well as the insurer's order to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary cash funds from the accounts of the insured - an organization or an individual entrepreneur in the order established by the civil legislation of the Russian Federation, in the manner and terms similar to the procedure and terms established by parts 3 - 5 of Article 24 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund Russian Federation, Federal Compulsory Medical Insurance Fund.

2. For failure to perform or improper performance of the obligations provided for by this article, banks (other credit institutions) shall be liable:

1) violation by a bank (other credit institution) of the established deadline for fulfilling the policyholder's order for the transfer of insurance premiums, penalties and fines to the budget of the Social Insurance Fund of the Russian Federation, if there are sufficient funds on the account of the specified policyholder, entails a fine in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation , but not more than 0.2 percent of the unlisted amount of insurance premiums, penalties and fines for each calendar day of delay;

2) unlawful failure by a bank (another credit institution) within the established period of time to fulfill the insurer's order to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the insured - organization or individual entrepreneur, if there are sufficient funds on the account of the specified insured, entails a fine in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent of the untransferred amount of insurance premiums, penalties and fines for each calendar day of delay;

3) taking actions by a bank (other credit institution) to create a situation of lack of funds on the insured's account, in respect of which the bank (other credit institution) has an instruction from the insurer to write off and transfer the necessary funds to the budget of the Social Insurance Fund of the Russian Federation, entails the collection of a fine of 30 percent of the amount not received as a result of such actions.

3. If it is impossible to fulfill the insured's order to transfer insurance premiums, penalties and fines to the budget of the Social Insurance Fund of the Russian Federation or the insurer's instructions to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the insured organization or individual entrepreneur within the prescribed period due to the absence (insufficiency) of funds on the correspondent account of a bank (another credit institution) opened with an institution of the Central Bank of the Russian Federation, the bank (another credit institution) is obliged, within a day following the day of the expiration of the deadline for the execution of an instruction established by this article, to inform on non-execution (partial execution):

1) the specified instruction of the insured - to the territorial body of the insurer at the location of the bank (other credit organization) and the insured;

2) the specified order of the insurer - to the territorial body of the insurer that sent this order, and to the territorial body of the insurer at the location of the bank (other credit organization) or its separate divisions.

4. Banks (other credit organizations) are obliged to issue certificates to the territorial body of the insurer on the availability of accounts in banks (other credit organizations) and (or) on the balance of funds on the accounts, statements on transactions on the accounts of organizations, individual entrepreneurs in banks (other credit organizations ) within three days from the date of receipt of a reasoned request from the territorial body of the insurer.

5. Certificates on the availability of accounts in banks (other credit institutions) and (or) on the balance of funds on accounts, statements on transactions on the accounts of organizations, individual entrepreneurs in banks (other credit institutions) may be requested by the territorial bodies of the insurer in the following cases:

1) conducting on-site or cameral inspections of policyholders;

2) adoption of a decision by the territorial body of the insurer on the collection of insurance premiums, penalties and fines at the expense of funds held on the accounts of organizations, individual entrepreneurs in banks (other credit organizations).

6. The form and procedure for sending a request to a bank (another credit organization) by the insurer's territorial body shall be established by the insurer in agreement with the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance.

The form and procedure for providing information by banks (other credit institutions) at the request of the territorial bodies of the insurer are established by the insurer in agreement with the federal executive body responsible for developing state policy and legal regulation in the field of social insurance, and the Central Bank of the Russian Federation. The formats for presentation by banks (other credit institutions) of the said information in electronic form shall be established by the Central Bank of the Russian Federation upon agreement with the insurer.

7. The application of liability measures does not release the bank (other credit institution) from the obligation to transfer the untransferred amount of insurance premiums to the insurer's budget. If a bank (another credit institution) fails to fulfill the said obligation within the established period, such bank (another credit institution) shall be subject to measures to recover untransferred amounts of insurance premiums at the expense of funds and other property of the bank (another credit institution) in the manner similar to the procedure established by Articles 19 and 20 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" to recover arrears on insurance premiums from the insured.

8. Repeated violation by a bank (other credit institution) of the obligations provided for by this article within one calendar year shall be grounds for the insurer to apply to the Central Bank of the Russian Federation for consideration of the issue of applying in relation to the bank (other credit institution) the appropriate measures provided for by the Federal Law dated July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)".

9. Collection from banks (other credit organizations) of the fines specified in clause 2 of this article shall be carried out by the insurer in the manner similar to the procedure for collecting fines from policyholders - legal entities and individual entrepreneurs, established by Articles 18 - 20 of the Federal Law "On Insurance Contributions to the Pension Fund". Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund.

10. Bringing to administrative responsibility for violations of the requirements of this Federal Law is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

11. For transactions related to the transfer of insurance premiums by the insured or the voluntary return by the insured or a person entitled to receive insurance payments in the event of the death of the insured, the amounts of insurance security, excessively transferred to the accounts of these persons, as well as with the execution of the insurer's instructions for the return to the insured amounts, overpaid (collected) insurance premiums, penalties and fines, no fee is charged.

Article 23

2. In the event of liquidation of the insured - a legal entity, he is obliged to make capitalized payments to the insurer in the manner determined by the Government of the Russian Federation.

The liquidation commission may include a representative of the insurer.

Article 24. Accounting and reporting on compulsory social insurance against accidents at work and occupational diseases

Policyholders quarterly submit reports to the insurer at the place of their registration in accordance with the established procedure in the form established by the insurer in agreement with the federal executive body responsible for developing state policy and legal regulation in the field of social insurance:

(as amended by Federal Law No. 406-FZ dated December 1, 2014)

on paper no later than the 20th day of the month following the reporting period;

in the form of an electronic document no later than the 25th day of the month following the reporting period.

(The paragraph was introduced by Federal Law No. 406-FZ of December 1, 2014; as amended by Federal Law No. 394-FZ of December 29, 2015)

3. The insured and its officials bear the responsibility established by the legislation of the Russian Federation for failure to submit or unreliability of statistical and accounting reports.

Article 25. Accounting and reporting of the insurer

(As amended by Federal Law No. 216-FZ dated July 21, 2014)

1. Funds for the implementation of compulsory social insurance against accidents at work and occupational diseases in accordance with this Federal Law shall be credited to accounts opened for the territorial bodies of the Federal Treasury in the divisions of the Central Bank of the Russian Federation to account for transactions with the funds of the insurer's budget, and are spent for the purposes of this type of social insurance.

2. Operations with the funds of the insurer's budget are carried out on the accounts specified in paragraph 1 of this article, opened in accordance with the rules of the Central Bank of the Russian Federation. Credit institutions accept insurance premiums from policyholders without charging a commission for these operations.

Article 26. Control over the implementation of compulsory social insurance against industrial accidents and professional diseases

Chapter V FINAL AND TRANSITIONAL PROVISIONS

Article 27. Entry into force of this Federal Law

Article 28. Transitional provisions

The insurance coverage established by the said persons upon the entry into force of this Federal Law cannot be lower than the compensation for damage caused by injury, occupational disease or other damage to health associated with the performance of labor duties established by them earlier in accordance with the legislation of the Russian Federation.

2. Registration of policyholders by the insurer is carried out within 10 days after the entry into force of this Federal Law.

Article 29

Recognize as invalid from the date of entry into force of this Federal Law:

Decree of the Supreme Council of the Russian Federation of December 24, 1992 No. 4214-1 “On Approval of the Rules for Compensation by Employers of Harm Caused to Employees by Mutilation, Occupational Disease or Other Damage to Health Associated with the Performance of Their Job Duties” (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Article 71), with the exception of the first and second paragraphs of clause 2;

Rules for compensation by employers of harm caused to employees by injury, occupational disease or other damage to health associated with the performance of their labor duties, approved by Decree of the Supreme Council of the Russian Federation of December 24, 1992 No. 4214-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, item 71);

Article 1 of the Federal Law "On the Introduction of Amendments and Additions to the Legislative Acts of the Russian Federation on Compensation by Employers of Harm Caused to Employees by Mutilation, Occupational Disease, or Other Damage to Health Associated with the Performance of Their Labor Duties" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 48, art. 4562).

Article 30

1. Has expired. - Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ.

2. Has expired. - Federal Law of July 17, 1999 No. 181-FZ.

3. Has expired. - Federal Law of August 22, 2004 No. 122-FZ.

4. To introduce the following addition into the Criminal Executive Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 2, Art. 198):

Part four of Article 44 shall be supplemented with the words "and monthly insurance payments for compulsory social insurance against accidents at work and occupational diseases".

Article 31

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.

Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

The president Russian Federation B. YELTSIN Moscow, Kremlin July 24, 1998 No. 125-FZ

COMMENTS TO THE FEDERAL LAW No. 125-FZ of July 24, 1998 "ON COMPULSORY SOCIAL INSURANCE AGAINST WORKING ACCIDENTS AND OCCUPATIONAL DISEASES"
Adopted by the State Duma on July 2, 1998
Approved by the Federation Council on July 9, 1998
(As amended by federal laws of July 17, 1999 No. 181-FZ, of October 25, 2001 No. 141-FZ and of December 30, 2001 No. 196-FZ, Labor Code of the Russian Federation of December 30, 2001 No. 197 -FZ, federal laws of November 26, 2002 No. 152-FZ, of April 22, 2003 No. 47-FZ, of July 7, 2003 No. 118-FZ, of October 23, 2003 No. 132-FZ, of December 23, 2003 No. 185-FZ, August 22, 2004 No. 122-FZ, December 1, 2004 No. 152-FZ, December 29, 2006 No. 259-FZ, July 21, 2007 No. 192-FZ, dated July 23, 2008 No. 160-FZ, dated July 24, 2009 No. 213-FZ, dated November 28, 2009 No. 295-FZ, dated May 19, 2010 No. 90-FZ, as amended ., introduced by federal laws No. 10-FZ of January 2, 2000, No. 17-FZ of February 11, 2002, No. 25-FZ of February 8, 2003, No. 166-FZ of December 8, 2003, dated December 29, 2004 No. 202-FZ, December 22, 2005 No. 180-FZ, December 19, 2006 No. 234-FZ, July 21, 2007 No. 183-FZ, July 27, 2010 No. 226-FZ)

This Federal Law establishes in the Russian Federation the legal, economic and organizational foundations for compulsory social insurance against accidents at work and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment agreement (contract) and in other established by this federal law cases.

The preamble (introduction) of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” (hereinafter referred to as the commented Law) determines the subject of its regulation or, in other words, the scope of its application. It should be noted that according to the rules of legal technique, the preamble (introduction) is not a mandatory part of the legislative act. Of the legal and technical requirements for the preambular part of the federal law, it is advisable to mention the following two: the preamble does not contain independent regulatory prescriptions and does not formulate the subject of regulation of the bill (see Methodological recommendations on the legal and technical execution of bills sent by letter of the State Duma Staff dated 18 November 2003 No. vn2-18/490).

From a general theoretical standpoint, the definition of the subject of regulation of a legislative act is the definition of social relations that are regulated by the norms of this act and which, as a result, become legal relations. As a direct subject of regulation of the commented Law, its preamble names two components: firstly, the establishment of the legal, economic and organizational foundations of compulsory social insurance (hereinafter referred to as OSS) against industrial accidents and occupational diseases, and, secondly, the determination of the procedure compensation for harm caused to the life and health of an employee in the performance of his duties under an employment contract (contract) and in other cases established by this Law.

The existence of the commented Law is predetermined by the norms of Parts 1 and 2 of Art. 39 of the Constitution of the Russian Federation, which proclaim that: everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (part 1); state pensions and social benefits are established by law (Part 2). These constitutional norms, in turn, are based on the relevant universally recognized norms of international law (see commentary to Article 2 of the Law).

The commented Law was adopted to replace the Decree of the Supreme Council of the Russian Federation of December 24, 1992 No. 4214-1 “On Approval of the Rules for Compensation by Employers of Harm Caused to Employees by Mutilation, Occupational Disease or Other Damage to Health Related to the Performance of Their Job Duties” (see commentary to 29 of the Law), which provided for compensation for the harm caused to the employee in connection with the performance of his labor duties at the expense of the employer responsible for causing harm, and in the event of reorganization or liquidation of the enterprise - at the expense of its successor, a higher body or body to which or capitalized sums to be paid in damages should have been paid. As noted in the Ruling of the Constitutional Court of the Russian Federation of October 6, 2008 No. 1022-O-P, by adopting the commented Law, the federal legislator made the transition to an insurance mechanism for compensation for harm caused to the life and health of citizens subject to this type of insurance, in the performance of their duties for employment contract and in other cases stipulated by law.

Amendments to federal legislative acts related to the adoption and entry into force of the commented Law were made by adopting Federal Law No. 152-FZ of November 26, 2002 “On Amendments to Certain Legislative Acts of the Russian Federation Related to the Implementation of Compulsory Social Insurance against Accidents accidents at work and occupational diseases. It should also be mentioned that the Decree of the Government of the Russian Federation of July 18, 1996 No. 1149-r approved the Plan of preparatory work for the introduction of a system of compulsory social insurance against industrial accidents and occupational diseases.

In order to improve the regulation of OSS against industrial accidents and occupational diseases, the commented Law has been repeatedly amended. These changes are discussed in the comments to the relevant articles of this Law. Here it seems appropriate only to mention the acts that introduced changes. In particular, these are:

Federal Law of July 17, 1999 No. 181-FZ "On the Fundamentals of Labor Protection in the Russian Federation";

Federal Law of October 25, 2001 No. 141-FZ “On Amending Article 12 of the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases””;

Federal Law of December 30, 2001 No. 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses";

Federal Law of November 26, 2002 No. 152-FZ "On Amendments to Certain Legislative Acts of the Russian Federation Related to the Implementation of Compulsory Social Insurance against Industrial Accidents and Occupational Diseases";

Federal Law of April 22, 2003 No. 47-FZ “On Amendments and Additions to the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases””;

Federal Law of July 7, 2003 No. 118-FZ “On Amendments and Additions to the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases””;

Federal Law of October 23, 2003 No. 132-FZ "On the Introduction of Amendments and Additions to Certain Legislative Acts of the Russian Federation on the Rehabilitation of the Disabled";

Federal Law No. 185-FZ of December 23, 2003 "On Amendments to the Legislative Acts of the Russian Federation in Part of Improving the Procedures for State Registration and Registration of Legal Entities and Individual Entrepreneurs";

Federal Law No. 122-FZ of August 22, 2004 “On Amendments to the Legislative Acts of the Russian Federation and the Recognition of 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 the 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 organizing local self-government in the Russian Federation”;

Federal Law of December 1, 2004 No. 152-FZ “On Amendments to the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases””;

Federal Law of December 29, 2006 No. 259-FZ “On Amending Articles 11 and 18 of the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases””;

Federal Law of July 21, 2007 No. 192-FZ “On Amendments to the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases””;

Federal Law of July 23, 2008 No. 160-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Improving the Exercise of the Powers of the Government of the Russian Federation”;

Federal Law No. 213-FZ dated July 24, 2009 “On Amendments to Certain Legislative Acts of the Russian Federation and Recognition as Invalid of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation in Connection with the Adoption of the Federal Law “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds”;

Federal Law of November 28, 2009 No. 295-FZ "On the Recognition of Certain Provisions of Legislative Acts of the Russian Federation as invalid";

Federal Law of May 19, 2010 No. 90-FZ “On Amending Article 12 of the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases””;

Federal Law of July 27, 2010 No. 226-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Causing Harm as a Result of an Accident at a Hazardous Facility” .

CHAPTER I
General provisions

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

1. Compulsory social insurance against industrial accidents and occupational diseases is a type of social insurance and provides for:

ensuring social protection of the insured and economic interest of insurance subjects in reducing occupational risk;

compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and vocational rehabilitation;

ensuring preventive measures to reduce industrial injuries and occupational diseases.

2. This Federal Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, to the extent that it exceeds the insurance coverage provided in accordance with this Federal Law.

In the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with this Federal Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the owner of a hazardous facility for causing harm as a result of an accident at a hazardous facility.

3. Bodies of state power of the subjects of the Russian Federation, local governments, as well as organizations and citizens hiring employees, in addition to compulsory social insurance provided for by this Federal Law, have the right to carry out at their own expense other types of insurance for employees provided for by the legislation of the Russian Federation.

1. The norm of paragraph 1 of the commented article, naming the tasks of the OSS against industrial accidents and occupational diseases, first of all indicates that this insurance is a type of social insurance. With regard to these tasks, the following should be noted.

Ensuring social protection of the insured and economic interest of insurance subjects in reducing occupational risk.

According to part 2 of Art. 1 of the Federal Law of July 16, 1999 No. 165-FZ “On the Fundamentals of Compulsory Social Insurance”, compulsory social insurance is part of the state system of social protection of the population, the specifics of which are insurance of working citizens carried out in accordance with federal law against possible changes in material and ( or) social status, including due to circumstances beyond their control.

As defined in part 3 of this article (as amended by the Federal Law of July 24, 2009 No. 213-FZ), compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in material and (or) the social status of working citizens, and in cases provided for by the legislation of the Russian Federation, other categories of citizens due to reaching retirement age, disability, loss of a breadwinner, illness, injury, accident at work or occupational disease, pregnancy and childbirth, childbirth ( children), caring for a child under the age of one and a half years and other events established by the legislation of the Russian Federation on compulsory social insurance.

Compensation for harm caused to the life and health of the insured in the performance of his duties under an employment contract (contract) and in other cases established by the commented Law, by providing the insured in full with all necessary types of insurance coverage, including payment of expenses for medical, social and professional rehabilitation.

Types of insurance collateral, i.e. insurance compensation for harm caused as a result of an insured event to the life and health of the insured, in the form of amounts of money paid or compensated by the insurer to the insured or persons entitled to it in accordance with the commented Law, are defined in Art. 8 of this Law, according to paragraph 1 of which insurance is provided: 1) in the form of temporary disability benefits, appointed in connection with an insured event and paid at the expense of OSS funds; 2) in the form of one-time and monthly insurance payments; 3) in the form of payment of additional expenses related to the medical, social and professional rehabilitation of the insured in the presence of direct consequences of the insured event.

“Other” cases established by the commented Law, which are referred to in the considered task of the OSS from accidents at work and occupational diseases, are compensation for harm caused to the life and health of an individual involved in work by the insurer sentenced to imprisonment, as well as compensation for harm, caused to the life and health of the insured during the performance of work on the basis of a civil law contract, according to which the insured is obliged to pay insurance premiums to the insurer (see commentary to Article 5 of the Law).

Ensuring preventive measures to reduce occupational injuries and occupational diseases.

Annually adopted federal laws on the budget of the FSS of Russia for the next financial year and for the planning period, this Fund is given the right to make decisions on the direction by the insured of up to 20% of the amount of insurance premiums to finance these activities.

So, in paragraph 7 of part 1 of Art. 8 of the Federal Law of November 28, 2009 No. 292-FZ "On the budget of the Social Insurance Fund of the Russian Federation for 2010 and for the planned period of 2011 and 2012" it is established that in 2010 the FSS of Russia has the right to make decisions on the direction of the insured up to 20 % of the amount of insurance premiums for OSS against industrial accidents and occupational diseases accrued for the previous year, less the costs of paying security for the specified type of insurance in the previous year, for financing preventive measures to reduce occupational injuries and occupational diseases of workers and health resort treatment of workers employed in work with harmful and (or) dangerous production factors.

In accordance with this norm, Decree of the Government of the Russian Federation of January 29, 2010 No. 33 “On financial support in 2010 of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment of workers employed in work with harmful and (or) dangerous production factors” The Ministry of Health and Social Development of Russia was ordered to approve, in agreement with the FSS of Russia, the rules for financial support in 2010 of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment for workers employed in work with harmful and (or) dangerous production factors, and provide explanations for their use.

Accordingly, by order of the Ministry of Health and Social Development of Russia dated February 5, 2010 No. 64n, in agreement with the FSS of Russia, the Rules for Financial Support in 2010 were approved for preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment for workers employed in work with harmful and (or ) hazardous production factors.

2. In part 1, clause 2 of the commented article, it is established that the commented Law does not limit the rights of the insured to compensation for harm carried out in accordance with the legislation of the Russian Federation, to the extent that it exceeds the insurance coverage carried out in accordance with this Law. In this regard, it should be noted that the Constitutional Court of the Russian Federation in Ruling of July 11, 2006 No. 301-O, pointing to this norm, at the same time noted that the employer is liable for harm caused to the life or health of an employee in the performance of his labor duties, in in the manner prescribed by Chapter 59 "Obligations due to infliction of harm" of the second part of the Civil Code of the Russian Federation.

As provided for in part 2, clause 2 of the commented article, in the event of harm to the life and health of the insured, insurance coverage is carried out in accordance with the commented Law, regardless of compensation for harm carried out in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the owner of a hazardous facility for causing damage as a result of an accident at a hazardous facility. This part was introduced by the Federal Law of July 27, 2010 No. 226-FZ in connection with the adoption of the Federal Law of July 27, 2010 No. 225-FZ "On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Causing Harm as a Result of an Accident at a Hazardous Facility" . In accordance with Part 1 of Art. 4 of the said Law, the owner of a hazardous facility is obliged, on the terms and in the manner established by the said Law, at his own expense to insure, as an insured, property interests related to the obligation to compensate for harm caused to the victims, by concluding a compulsory insurance contract with the insurer during the entire period of operation of the hazardous facility. object. The named Law and Part 2, Clause 2 of the commented article come into force on January 1, 2012.

3. The norm of paragraph 3 of the commented article indicates the right of public authorities of the constituent entities of the Russian Federation, local governments, as well as organizations and citizens hiring workers, in addition to the OSS provided for by the commented Law, to carry out at their own expense other types of employee insurance provided for by the legislation of the Russian Federation . This paragraph is based on the norm of Part 3 of Art. 39 of the Constitution of the Russian Federation, according to which voluntary social insurance, the creation of additional forms of social security and charity are encouraged.

It should be noted that there is one exception to the rule “at own expense” specified in the paragraph under consideration. According to sub. 48.1 p. 1 art. 264 ch. 25 “Corporate income tax” of part two of the Tax Code of the Russian Federation (subparagraph introduced by Federal Law No. 204-FZ of December 29, 2004), other expenses associated with production and sales include payments (contributions) by employers under voluntary personal insurance contracts concluded with insurance organizations that have licenses issued in accordance with the legislation of the Russian Federation to carry out the relevant type of activity, in favor of employees in the event of their temporary disability due to illness or injury (with the exception of accidents at work and occupational diseases) for the first two days of disability.

ON MANDATORY SOCIAL INSURANCE FROM ACCIDENTS OCCUPATIONAL INCIDENTS AND OCCUPATIONAL DISEASES

CHAPTER I General provisions

Article 1. Tasks of compulsory social insurance against industrial accidents and occupational diseases

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ON MANDATORY SOCIAL INSURANCE FROM ACCIDENTS
OCCUPATIONAL INCIDENTS AND OCCUPATIONAL DISEASES

CHAPTER I
General provisions