Decisions of the Plenum of the Supreme Court of the Russian Federation. Plenum of the Supreme Court of the Russian Federation I

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Federal Law of December 29, 2006 N 255-FZ On compulsory social insurance in case of temporary disability and in connection with motherhood "(Collected Legislation of the Russian Federation, 2007, N 1 (part I), article 18; 2009, N 7 , item 781; N 30, item 3739) I order: dated 11.09.2009 N 740n)

Approve the attached Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth.

Acting Minister
V.I.STARODUBOV

RULES FOR CALCULATION AND CONFIRMATION OF INSURANCE SERVICE FOR DETERMINING THE AMOUNT OF BENEFITS FOR TEMPORARY DISABILITY, FOR PREGNANCY AND Maternity

dated 09/11/2009 N 740n, Ministry of Labor of the Russian Federation dated 11/15/2016 N 650n, dated 11/09/2018 N 692n, dated 04/09/2019 N 225n, dated 01/14/2020 N 15n)

I. General provisions

1. These Rules, developed in accordance with federal law dated December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" (hereinafter - the Federal Law of December 29, 2006 N 255-FZ), establish the procedure for calculating and confirming the insurance period to determine the size benefits for temporary disability, for pregnancy and childbirth (hereinafter referred to as the length of service) to citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislation of the Russian Federation (hereinafter referred to as insured persons), including determining documents confirming insurance experience. (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n)

2. The length of service includes:

a) periods of work under an employment contract;

b) periods of state civil or municipal service;

c) periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood, including:

periods of activity of an individual entrepreneur, individual labor activity, labor activity on the terms of an individual or group lease, periods of activity individuals not recognized individual entrepreneurs(notaries engaged in private practice, private detectives, private security guards, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), a member of a peasant (farm) economy, a tribal, family community of small peoples of the North, Siberia and the Far East of the Russian Federation until January 1 2001 and after January 1, 2003, for which social insurance payments have been paid; (as amended by the Order of the Ministry of Labor of the Russian Federation of November 9, 2018 N 692n)

periods of activity as a lawyer before January 1, 2001, as well as periods of such activity, for which social insurance payments were paid, after January 1, 2003;

periods of work of a member of a collective farm, a member of a production cooperative, taking personal labor participation in its activities, before January 1, 2001, as well as periods of such work for which social insurance payments were paid, after January 1, 2001;

periods of exercising the powers of a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of holding state positions in the Russian Federation, state positions of constituent entities of the Russian Federation, as well as municipal positions filled on a permanent basis; (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n)

periods of activity as a clergyman for which social insurance payments have been paid;

periods of engaging a person sentenced to deprivation of liberty to paid work, subject to the fulfillment of the established work schedule by him, after November 1, 2001.

2.1. The length of service, along with periods of work and (or) other activities, which are provided for in paragraph 2 of these Rules, includes periods of military service, as well as other service provided for by the Law of the Russian Federation "On pensions for persons who have undergone military service, service in the internal affairs bodies, the State Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the national guard of the Russian Federation, the enforcement bodies of the Russian Federation, and their families "(Vedomosti of the Congress of People's deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 9, item 328; Collection of Legislation of the Russian Federation, 1995, N 49, item 4693; 1996, N 1, item 4; 1997, N 51, item 5719; 1998, N 30, item 3613; 1999, N 23, item 2813; 2000, N 50, item 4864; 2001, N 17, item 1646; 2002, N 2, item 129; N 10, item 965; N 22, item 2029; N 24, item 2254; N 27, item 2620; N 30, item 3033; 2003, N 2, item 154; N 27 (part I), item 2700 ; 2004, N 27, item 2711; N 35, item 3607; 2006, N 6, item 637; N 52, item 5505; 2007, N 1, item 35; N 49, item 6072; N 50, item 6232; 2008, N 7, item 543; N 19, item 2098; N 30, item 3612; 2009, N 18, item 2150). (As amended by the Orders of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n, the Ministry of Labor of the Russian Federation of April 9, 2019 N 225n, of January 14, 2020 N 15n)

3. Social insurance payments for the purposes of these Rules mean:

b) for the period from January 1, 1991 to December 31, 2000 - insurance premiums to the Fund social insurance Russian Federation;

<*>For individual entrepreneurs, the payment of taxes credited to the budget of the Social Insurance Fund of the Russian Federation (single tax paid by individual entrepreneurs using the simplified taxation system, single tax on imputed income for certain types of activities, unified agricultural tax) is not recognized as payment of payments for social insurance for period of activity as an individual entrepreneur.

d) for the period after January 1, 2003 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood, paid by lawyers, individual entrepreneurs, including members of peasant (farm) households, individuals who are not recognized as individual entrepreneurs, tribal, family communities of small peoples of the North, Siberia and the Far East of the Russian Federation in accordance with the Federal Law "On the provision of benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens" (Meeting legislation of the Russian Federation, 2003, N 1, article 5), and from January 1, 2010 - in accordance with the Federal Law of December 29, 2006 N 255-FZ. (As amended by the Orders of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n, the Ministry of Labor of the Russian Federation of November 9, 2018 N 692n)

e) for the period from January 1, 2010 to December 31, 2010 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood, paid to the Social Insurance Fund of the Russian Federation in accordance with Federal Law No. of July 24, 2009 212-FZ "On insurance premiums in Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial funds compulsory health insurance"(Collected Legislation of the Russian Federation, 2009, N 30, Art. 3738), or taxes credited to the Social Insurance Fund of the Russian Federation (a single tax paid by organizations and individual entrepreneurs using a simplified taxation system, a single tax on imputed income for certain types activities, unified agricultural tax); (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n)

In connection with the loss of force of the Federal Law of July 24, 2009 N 212-FZ, one should be guided by similar norms of section XI tax code RF.

f) for the period from January 1, 2011 to December 31, 2016 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood, paid to the Social Insurance Fund of the Russian Federation in accordance with Federal Law No. of July 24, 2009 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 and territorial compulsory medical insurance funds." (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n, Order of the Ministry of Labor of the Russian Federation of November 15, 2016 N 650n)

g) for the period after January 1, 2017 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with maternity, paid to the Social Insurance Fund of the Russian Federation in accordance with the legislation of the Russian Federation on taxes and fees. (as amended by the Order of the Ministry of Labor of the Russian Federation of November 15, 2016 N 650n)

4. Payment of payments for social insurance for the periods of relevant activity specified in subparagraph "c" of paragraph 2 of these Rules shall be confirmed by the following documents:

a) contributions to state social insurance for the period up to January 1, 1991 - documents of financial authorities or certificates of archival institutions;

<*>The territorial bodies of the Social Insurance Fund of the Russian Federation are branches of the Social Insurance Fund of the Russian Federation and their branches.

c) taxes credited to the Social Insurance Fund of the Russian Federation for the period from January 1, 2001 to December 31, 2010, as well as insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislation on taxes and fees for the period from January 1, 2017 - documents of a collective farm, production cooperative, religious or other organization (individual) on payment of the specified taxes or insurance premiums for the insured person; (as amended by the Order of the Ministry of Labor of the Russian Federation of November 15, 2016 N 650n)

d) insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the Federal Law of December 31, 2002 N 190-FZ "On the provision of benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs, applying special tax regimes, and some other categories of citizens" for the period from January 1, 2003 to December 31, 2009 and in accordance with the Federal Law of December 29, 2006 N 255-FZ for the period after January 1, 2010 - documents of the territorial bodies of the Social Fund insurance of the Russian Federation. (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n)

e) insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund compulsory medical insurance and territorial compulsory medical insurance funds" for the period from January 1, 2010 to December 31, 2016 - documents of the territorial bodies of the Social Insurance Fund of the Russian Federation. (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n, Order of the Ministry of Labor of the Russian Federation of November 15, 2016 N 650n)

5. In cases where benefits for temporary disability, for pregnancy and childbirth (hereinafter referred to as the benefit) are assigned and paid to the insured person by the territorial body of the Social Insurance Fund of the Russian Federation, the documents specified in subparagraphs "b", "d" and "e" of paragraph 4 of these Rules, are not represented by the insured person. (As amended by the Order of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 N 740n)

If the territorial body of the Social Insurance Fund of the Russian Federation, which assigns and pays benefits, does not have information on the payment of social insurance payments for the relevant periods of activity of the insured person due to the fact that they were paid to the account of another territorial body of the Social Insurance Fund of the Russian Federation, the specified information (documents confirming the payment of payments for social insurance) is requested by the territorial body of the Social Insurance Fund of the Russian Federation, which assigns and pays benefits, directly from this territorial body of the Social Insurance Fund of the Russian Federation.

6. If an international treaty of the Russian Federation establishes other rules for calculating and confirming the length of service, then the rules of the international treaty of the Russian Federation shall apply.

7. The length of service is determined when the benefit is assigned by the employer, and in the cases provided for by the Federal Law of December 29, 2006 N 255-FZ, by the territorial body of the Social Insurance Fund of the Russian Federation on the day of the occurrence of the corresponding insured event (temporary disability, maternity leave).

II. Documents confirming the periods of work (service, activities) included in the length of service

In the absence of a work book, as well as in the case when the work book contains incorrect and inaccurate information or there are no records of individual periods of work, written employment contracts are accepted to confirm the periods of work, drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arises, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, personal accounts and statements for issuance wages.

9. In the case when the work book is not maintained, the periods of work under an employment contract are confirmed by a written employment contract drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arose.

10. The periods of work for individual citizens under contracts (domestic workers, nannies, secretaries, typists and others) for the time before the conclusion of labor contracts are confirmed by an agreement between the employer and the employee registered with the trade union bodies, and the document of the employer on the payment of payments for the period of this work on social insurance.

11. The periods of activity of an individual entrepreneur, individual labor activity, labor activity on the terms of an individual or group lease are confirmed:

a) for the period before January 1, 1991 - a document from financial authorities or certificates from archival institutions on the payment of social insurance payments;

b) for the period from January 1, 1991 to December 31, 2000, as well as for the period after January 1, 2003 - a document of the territorial body of the Social Insurance Fund of the Russian Federation on the payment of social insurance payments.

12. Periods of activity as a member of a peasant (farm) economy for periods before January 1, 2001 and after January 1, 2003 are confirmed by a document from the territorial body of the Social Insurance Fund of the Russian Federation on the payment of social insurance payments.

13. Periods of activity as a member of a tribal, family community of small peoples of the North, Siberia and the Far East of the Russian Federation for periods before January 1, 2001 and after January 1, 2003 are confirmed by a document of the relevant community on the period of this activity and a document of the territorial body of the Social Insurance Fund of the Russian Federation Federation on the payment of social insurance payments. (as amended by the Order of the Ministry of Labor of the Russian Federation of November 9, 2018 N 692n)

14. Periods of activities of individuals who are not recognized as individual entrepreneurs (engaged in private practice of notaries, private detectives, private security guards, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), for the periods before January 1, 2001 and after January 1, 2003 are confirmed by a document of the territorial body of the Social Insurance Fund of the Russian Federation on the payment of payments for social insurance.

15. The periods of activity as a lawyer are confirmed for the period before January 1, 2001 by a work book, and for the period after January 1, 2003 - by a document of the territorial body of the Social Insurance Fund of the Russian Federation on the payment of payments for social insurance.

16. The periods of work of a member of a collective farm, a member of a production cooperative, taking personal labor participation in its activities, are confirmed for the period before January 1, 2001 by a work book (collective farmer's work book), and for the period after January 1, 2001 - by a work book (collective farmer's work book ) and a document of the collective farm, production cooperative on the payment of payments for social insurance.

17. Periods of activity as a clergyman are confirmed by a work book and a document from a religious organization on the payment of social insurance payments.

18. The periods of engaging a person sentenced to deprivation of liberty to paid work, during which he fulfilled the established work schedule, after November 1, 2001, are confirmed by the work book and documents of the institution executing the punishment.

19. Periods of other activities not specified in paragraphs 8 - 18 of these Rules, during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislative and other regulatory legal acts of the Russian Federation or the former USSR, are confirmed documents on the period of this activity and documents confirming the payment of social insurance payments.

19.1. Periods of military service, as well as other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, drug control authorities means and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the enforcement agencies of the Russian Federation, and their families "confirmed by military tickets, certificates of military commissariats, military units, archival institutions, entries in the work book made on the basis of documents, and other documents containing information about the period of service.

22. If the periods of work (service, activity) included in the insurance period coincide in time, one of such periods is taken into account at the choice of the insured person, confirmed by an application indicating the period chosen for inclusion in the insurance period.

23. Documents issued in order to confirm the periods of work (service, activity) included in the insurance period must contain the number and date of issue, last name, first name, patronymic of the insured person to whom the document is issued, the date, month and year of his birth, place of work , period of work, profession (position), grounds for their issuance (orders, personal accounts and other documents). Documents issued by employers to the insured person upon dismissal from work may be accepted to confirm the length of service even if they do not contain grounds for their issuance.

24. Entries in the work book that are taken into account when calculating the insurance period must be drawn up in accordance with the labor legislation in force on the day they were entered in the work book.

25. A record of work made in the work book (duplicate of the work book) based on the decision of the seniority commission, adopted in accordance with paragraph 34 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by the Decree of the Government of the Russian Federation dated April 16, 2003 N 225 (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 16, art. 1539; 2004, N 8, art. 663), are considered on a par with the record, confirmed by documents.

26. If the name, patronymic or surname of a citizen in the document on insurance experience does not match his name, patronymic or surname indicated in the passport or birth certificate, the fact that this document belongs to this citizen is established on the basis of a marriage certificate, certificate of change of name, certificates of competent authorities (officials) of foreign states or in a judicial proceeding.

27. If in the submitted document on the periods of work (service, activity) only years are indicated without specifying exact dates, July 1 of the corresponding year is taken as the date, and if the day of the month is not indicated, then the 15th day of the corresponding month is taken as the date.

ON AMENDMENTS AND ADDITIONS TO SOME DECISIONS OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR CIVIL CASES

(as amended by the Decree of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 N 1.7 dated 05/29/2014 N 8)

In connection with the need to bring some resolutions of the Plenum of the Supreme Court of the Russian Federation into line with the current legislation, the Plenum of the Supreme Court of the Russian Federation decides to make changes, additions and editorial clarifications to the following Resolutions of the Plenum:
1. In the Decree of the Plenum of June 10, 1980 N 4 "On some issues that have arisen in the practice of consideration by the courts of disputes on the allocation of a share to the owner and determining the procedure for using a house owned by citizens on the basis of common ownership" (as amended by the Decree of the Plenum of 20 December 1983 N 11, as amended by the Resolution of the Plenum of December 21, 1993 N 11, as amended and supplemented by the Resolution of the Plenum of October 25, 1996 N 10):
the title shall be amended as follows:
"On some issues of the practice of consideration by the courts of disputes arising between participants in the common ownership of a residential building";
the preamble shall be amended as follows:
"In order to ensure the correct application of legislation in resolving disputes arising between participants in the common ownership of a residential building, the Plenum of the Supreme Court of the Russian Federation decides to give the courts the following explanations:";
in paragraph 1, the words "on the allocation of a share to a co-owner and determining the procedure for using the house" shall be replaced by the words "arising between the participants in common ownership of a residential building,";
supplement the Resolution with paragraphs 1.1 and 1.2 of the following content:
"1.1. When considering cases on claims by participants in shared ownership of a residential building on a change in shares in the ownership right, it should be borne in mind that such a requirement can be satisfied only if the improvements to the residential building are carried out in compliance with the established procedure for the use of common property and are inseparable (Clause 3, Article 245 of the Civil Code of the Russian Federation).
The price of the claim in such cases is determined on the basis of the value of the share by which the right of ownership increases or decreases.
1.2. When resolving disputes arising in connection with the exercise by a participant in shared ownership of the pre-emptive right to purchase a share of property (Article 250 of the Civil Code of the Russian Federation), the following must be taken into account:
a) because, according to Art. 252 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to demand the separation of his share from the common property, then after the termination in this manner of the common shared ownership of citizens in a residential building, their pre-emptive right to purchase a share in this house is also lost;
b) the pre-emptive right to purchase does not apply when concluding a life maintenance agreement with a dependent, as well as when selling a share in common property at a public auction in cases provided for by law;
c) in case of violation of the pre-emptive right to purchase, a three-month period established

In connection with the need to bring some decisions of the Plenum of the Supreme Court of the Russian Federation into line with the current legislation, the Plenum of the Supreme Court of the Russian Federation decides to make changes, additions and editorial clarifications to the following decisions of the Plenum:

1. RECOGNIZED AS VOID by a resolution of the Plenum

2. RECOGNIZED AS VOID

3. In the resolution of the Plenum of September 17, 1975 No. 5 “On the observance by the courts of the Russian Federation of procedural legislation in the trial of criminal cases” (as amended by the resolutions of the Plenum of December 20, 1976 No. 7, of December 20, 1983 No. 10, of August 27, 1985 No. 7 and of December 24, 1985 No. 10, as amended by the Resolution of the Plenum of December 21, 1993 No. 11):

in the first paragraph of paragraph 2, the words “Art. 254 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 252 Code of Criminal Procedure of the Russian Federation”;
In the first paragraph of paragraph 3, the words “Art. Art. 20 and 21 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Chapter 37 of the Code of Criminal Procedure of the Russian Federation";
In the second paragraph of paragraph 3, the words “Art. 271 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 265 Code of Criminal Procedure of the Russian Federation”;
In the third paragraph of paragraph 3, the words “Art. 271 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 265 of the Code of Criminal Procedure of the Russian Federation”, the words “Art. 68 Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 73 of the Code of Criminal Procedure of the Russian Federation”, the word “government” shall be replaced by the word “state”;
Paragraph 4 shall be deleted;
In the first paragraph of paragraph 5, the words “Art. 276 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 271 Code of Criminal Procedure of the Russian Federation”;
In the second paragraph of clause 5, the words “on the admission of a public prosecutor, public defender” and “on sending the case for additional investigation” shall be deleted;
The third paragraph of paragraph 5 shall be stated as follows:
“The law (Part 3, Article 271 of the Criminal Procedure Code of the Russian Federation) provides for the right of a person who has been denied a request to file it later, depending on the course of the trial.”;
In paragraph 6, the words “making rulings” shall be replaced by the word “definitions”, the words “Part 2 of Art. 261 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Part 2 of Art. 256 of the Code of Criminal Procedure of the Russian Federation”, the words “can only take place” shall be replaced by the word “submitted”;
In the second paragraph of clause 6, the words “Part 3 of Art. 261 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Part 2 of Art. 256 Code of Criminal Procedure of the Russian Federation”;
Paragraph 6 shall be supplemented with the third paragraph of the following content:
“Determinations or decisions on issues resolved by the court during the trial, in accordance with Part 1 of Art. 256 of the Code of Criminal Procedure of the Russian Federation are subject to announcement at the court session.”;
In the first paragraph of paragraph 7, the words “Art. 240 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 240 Code of Criminal Procedure of the Russian Federation”;
The second paragraph of paragraph 7 shall be stated as follows:
“If a case is being considered in relation to several defendants, the interrogation of one of them in the absence of the other in accordance with Part 4 of Art. 275 of the Code of Criminal Procedure of the Russian Federation is allowed at the request of the parties or at the initiative of the court, on which a ruling or resolution is issued. ”;
In the third paragraph of clause 7, the words “Art. 281 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "ch. 1 and 2 Art. 276 Code of Criminal Procedure of the Russian Federation”;
Paragraphs four and five of clause 7 shall be replaced by the following paragraph:
“The disclosure of the testimony of the victim and the witness, previously given during the preliminary investigation or trial, is allowed only in the cases provided for in Art. 281 Code of Criminal Procedure of the Russian Federation.”;
In paragraph 8, the first paragraph shall be deleted, the words “Art. Art. 53-55 Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. Art. 42, 44, 45 of the Code of Criminal Procedure of the Russian Federation”;
paragraph 9 shall be deleted;
The first paragraph of paragraph 10 shall be stated as follows:
“In the trial of cases in which minors are among the defendants, victims or witnesses, the courts need to pay special attention to compliance with the requirements of Art. Art. 280, 421, 426 and 429 of the Code of Criminal Procedure of the Russian Federation and the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 7 “On Judicial Practice in Cases of Juvenile Crimes”;
Paragraph five of clause 11 shall be stated as follows:
“The courts should not allow the replacement of the examination by the interrogation of an expert, if there are grounds for the production of a forensic examination.”;
The first sentence of paragraph 13 shall be stated as follows:
“Courts should keep in mind that according to Part 7 of Art. 56 of the Code of Criminal Procedure of the Russian Federation, in case of evasion from appearing without good reason, the witness may be brought to the court.”;
Paragraphs two, three and four of clause 13 shall be excluded;
In the first paragraph of clause 14, after the word “crimes,” add the words “violation of the rights and freedoms of citizens”, the words “part 2 of Art. 68 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Part 4 of Art. 29 Code of Criminal Procedure of the Russian Federation”;
In the second paragraph of clause 15, the words “Art. 264 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 259 Code of Criminal Procedure of the Russian Federation”;
Paragraph four of clause 15 shall be stated as follows:
“For the quality and timely preparation of the protocol, along with the chairman, the secretary of the court session is also responsible, which, in accordance with Art. 245 of the Code of Criminal Procedure of the Russian Federation is obliged to fully and correctly set out in the protocol the actions and decisions of the court, as well as the actions of the participants in the trial.”;
“In accordance with Art. 292 of the Code of Criminal Procedure of the Russian Federation, the debate of the parties consists of speeches by the prosecutor and the defense counsel, and in the absence of a defense counsel, the defendant participates in the debate. The victim and his representative may also participate in the debate of the parties. The civil plaintiff, the civil defendant and their representatives, as well as the defendant have the right to petition for participation in the debate of the parties.”;
In paragraph 17, the words “the defendant will report in the last word” shall be replaced by the words “the participants in the debate of the parties or the defendant will report in the last word”, the word “essential” shall be deleted, the words “Art. 297 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 294 Code of Criminal Procedure of the Russian Federation”;
In paragraph 18, the words "and rigorously" shall be deleted;
In paragraph 19, after the words “when considering cases in”, add the words “appeal and”, replace the words “pay special attention” with the words “pay special attention”, replace the words “without attention” with the words “without response”.

4. In the resolution of the Plenum of December 23, 1980 No. 6 “On the practice of applying the legislation by the courts of the Russian Federation when considering cases of theft in transport” (as amended by the resolution of the Plenum of December 21, 1993 No. 11):

in the first paragraph of the preamble the word "state" and the second sentence shall be deleted;
Paragraphs four and five of the preamble shall be deleted;
The eighth preambular paragraph shall be deleted;
The ninth paragraph of the preamble shall be considered the sixth paragraph, in which the words “Art. 21 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 29 of the Code of Criminal Procedure of the Russian Federation”, the words “reasons and conditions” shall be replaced by the word “circumstances”, the words “omissions in the selection of personnel for positions related to liability” and the second sentence shall be deleted;
In the eleventh paragraph of the preamble, the word "people's" shall be replaced by the word "subordinate";
Paragraph 1 shall be stated in the following wording:
“To draw the attention of the courts to the need for the strictest observance of the legislation on liability for crimes related to theft of goods and other material assets on railway, air, water and road transport.»;
Items 2 and 3 shall be deleted;
In paragraph 4, the words "delimitation of repeated and" shall be replaced by the word "concept", the words "state", "state" shall be deleted;
Subparagraph "c" of paragraph 4 shall be stated as follows:
“if the theft of property in transport was associated with deliberate destruction, damage or otherwise rendered unusable vehicle, means of communication, means of signaling or communication or other transport equipment, as well as blocking transport communications, if these acts entailed by negligence the infliction of grievous harm to human health or the infliction of major damage, they must be qualified according to the totality of crimes provided for by the relevant articles of the Criminal Code of the Russian Federation on liability for theft and Art. 267 of the Criminal Code of the Russian Federation;”;
In the first paragraph of clause 6, the word "state" shall be deleted;
In the second paragraph of clause 6, the words “Art. 195 and Art. Art. 15 and 94 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 325 and Art. Art. 30 and 165 of the Criminal Code of the Russian Federation”, the word “state” shall be deleted, the words “art. Art. 195 and 94 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. Art. 325 and 165 of the Criminal Code of the Russian Federation”;
In the third paragraph of clause 6, the words “Art. 196 of the Criminal Code of the RSFSR" and "Art. Art. 93 and 147 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 327 of the Criminal Code of the Russian Federation" and "Art. 159 of the Criminal Code of the Russian Federation”;
Paragraphs 7 and 8 shall be deleted;
The second paragraph of paragraph 9 shall be deleted;
In paragraph 10, the words "art. 21 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 29 of the Criminal Procedure Code of the Russian Federation”, the words “deficiencies in the selection of personnel and work with teams of enterprises and transport organizations to ensure the safety of inventory items” and the second paragraph shall be deleted;
In paragraph 11, the words "people's" and "and improve the prevention of these crimes" shall be deleted.

in the sixth paragraph of the preamble the words "CPC of the RSFSR" shall be replaced by the words "CPC of the RF";
In the eighth paragraph of the preamble, the words “the requirements of Art. Art. 20 and 21 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "principles of criminal proceedings";
The tenth paragraph of the preamble shall be amended as follows:
“Some courts read out the testimony of witnesses and victims in violation of the requirements provided for in Art. 281 Code of Criminal Procedure of the Russian Federation.”;
In the twelfth paragraph of the preamble, the words "Art. 27 of the Code of Criminal Procedure of the RSFSR on the complaint” shall be replaced by the words “Art. 147 of the Code of Criminal Procedure of the Russian Federation on the application”, the words “against which complaints were filed both before the initiation of the case and during the trial” shall be replaced by the words “in respect of which applications have been filed”;
In the thirteenth paragraph of the preamble, the words "Art. 68 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Part 4 of Art. 29 of the Criminal Procedure Code of the Russian Federation”, the words “reasons and conditions” shall be replaced by the word “circumstances”, the words “reasons for crimes and the conditions that contributed to their commission” shall be replaced by the words “reasons and conditions that contributed to the commission of crimes”.

the title shall be amended as follows:
"On judicial practice in cases of violations of labor protection and safety rules in the course of mining, construction or other works";
The preamble and paragraph 1 shall be deleted;
In clause 2, the words “labor protection and work safety rules” shall be replaced by the words “safety regulations or other labor protection rules”;
In the first paragraph of paragraph 3, the words “Art. 140 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 143 of the Criminal Code of the Russian Federation”;
In the third paragraph of clause 3, the words “and industrial sanitation” shall be deleted, the words “Art. 140 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 143 of the Criminal Code of the Russian Federation”;
In the fourth paragraph of paragraph 3, the words “Art. 140 of the Criminal Code of the RSFSR" and "Art. Art. 214, 215, 216 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 143 of the Criminal Code of the Russian Federation”, and “Art. Art. 216 and 217 of the Criminal Code of the Russian Federation”, the words “and industrial sanitation” shall be deleted;
The first paragraph of paragraph 4 shall be deleted;
In paragraph 5, the words "and industrial sanitation" shall be deleted;
In paragraph 6, the words "art. 140 of the Criminal Code of the RSFSR”, “art. Art. 214, 215 of the Criminal Code of the RSFSR" and "Art. 214 or art. 215 of the Criminal Code of the RSFSR shall be replaced by the words “Art. 143 of the Criminal Code of the Russian Federation”, “art. 216 of the Criminal Code of the Russian Federation" and "Art. 216 of the Criminal Code of the Russian Federation”, delete the last sentence;
In paragraph 8, the words "art. 37 of the Criminal Code of the RSFSR" and "Art. 29 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 60 of the Criminal Code of the Russian Federation" and "Art. 47 of the Criminal Code of the Russian Federation”;
In the first paragraph of paragraph 9, the words “Art. 68 Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 73 of the Code of Criminal Procedure of the Russian Federation”, the word “damage” shall be replaced by the word “harm”;
In the second paragraph of clause 9, the words “Art. 310 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 309 of the Criminal Procedure Code of the Russian Federation”, the words “on the amount” shall be replaced by the words “on the amount of compensation”;
The last sentence of paragraph 10 shall be amended as follows: “In the event that an official does not consider a particular determination or fails to take measures to eliminate the violations of the law indicated in it, the issue of bringing such an official to the stipulated art. 17.4 of the Code of the Russian Federation on administrative offenses responsibility.";
Paragraph 11 shall be stated in the following wording:
“Recommend that the supreme courts of the republics, regional and regional courts, courts of cities of federal significance, courts of the autonomous region and autonomous districts, district (naval) military courts periodically summarize the practice of consideration by courts of first instance of criminal cases on violations of the rules and norms of labor protection, analyze the causes of mistakes made and take the necessary measures to improve the level of consideration of cases in this category.

delete the second preambular paragraph;
Paragraph two of clause 1 after the words "including military courts" shall be supplemented with the words "and justices of the peace";
In the first paragraph of paragraph 2, the words “Art. 301 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 297 of the Criminal Procedure Code of the Russian Federation”, the word “may” be replaced by the word “should”, the words “Art. 240 Code of Criminal Procedure of the RSFSR" and "Art. Art. 281, 286 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 240 of the Code of Criminal Procedure of the Russian Federation" and "Art. Art. 276, 281 Code of Criminal Procedure of the Russian Federation”;
Paragraph two of clause 2 after the words "and close relatives" shall be supplemented with the words "and also if they were warned that their testimony could be used as evidence in a criminal case, including in the event of their subsequent refusal of this testimony" ;
In the third paragraph of clause 3, the words “Part 3 of Art. 69 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 75 of the Code of Criminal Procedure of the Russian Federation”, the second sentence should be deleted;
In the first paragraph of paragraph 4, the words “Art. 309 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 302 Code of Criminal Procedure of the Russian Federation”;
The second paragraph of paragraph 4 shall be stated as follows:
“It is necessary to strictly observe the principle of the presumption of innocence (Article 49 of the Constitution of the Russian Federation, Article 14 of the Code of Criminal Procedure of the Russian Federation), according to which all doubts about the guilt of the accused, which cannot be eliminated in the manner established by the Code of Criminal Procedure of the Russian Federation, are interpreted in his favor .»;
In the third paragraph of clause 4, the word "responsibility" shall be replaced by the word "punishment";
In the first paragraph of clause 5, the word "descriptive" shall be replaced by the words "descriptive-motivational";
The second paragraph of paragraph 5 shall be stated as follows:
“On the basis of Part 4 of Art. 304 of the Code of Criminal Procedure of the Russian Federation for each case, the last name, first name and patronymic of the defendant, the date and place of his birth, place of residence, place of work, occupation, education, marital status and other data on the identity of the defendant that are important must be clarified and indicated in the introductory part of the sentence. for business.";
In paragraph 3 of clause 5, the words “determining the type of corrective labor or educational labor colony, recognizing the defendant as a particularly dangerous recidivist” shall be replaced by the words “type of correctional colony, recognizing the recidivism of crimes”;
In the fourth paragraph of clause 5, the first sentence shall be considered the last sentence of the third paragraph, the last sentence shall be deleted;
In the first paragraph of point 6, the words “Art. 68 of the Code of Criminal Procedure of the RSFSR in the course of a criminal case" shall be replaced by the words "Art. 73 of the Code of Criminal Procedure of the Russian Federation in criminal proceedings”, after the words “committing a crime”, add the words “, the form of his guilt”, the words “Part 1 of Art. 314 of the Code of Criminal Procedure of the RSFSR descriptive” shall be replaced by the words “Art. 307 of the Criminal Procedure Code of the Russian Federation descriptive and motivational”, the word “character” shall be replaced by the word “forms”, after the word “motives” add the word “purposes”, after the word “committed” add the words “by a group of persons”;
In the third paragraph of clause 6, the word "descriptive" shall be replaced by the words "descriptive-motivational";
In paragraph 8, the word "descriptive" shall be replaced by the words "descriptive and motivational";
In the first paragraph of clause 9, the words “motivated in the descriptive” shall be replaced by the words “justified in the descriptive-motivational”;
In the second paragraph of clause 9, the words “as well as to qualify individual episodes of a crime under an article of the law,” shall be deleted, the words “at the appointment of a court session” shall be replaced by the words “based on the results of a preliminary hearing”;
The third paragraph of clause 9 shall be deleted;
In the first paragraph of clause 10, the word "descriptive" shall be replaced by the words "descriptive-motivational";
In the second paragraph of clause 10, after the words "several episodes", add the words "continued criminal activity", delete the words "(for example, several thefts or several episodes of ongoing criminal activity)", replace the word "descriptive" with the words "descriptive and motivational";
In the third paragraph of clause 10, the word "descriptive" shall be replaced by the words "descriptive-motivational";
In the first paragraph of clause 11, the words “according to the complaint of the victim” and “complaints of the victim” shall be replaced by the words “according to the application of the victim” and “application of the victim”, respectively, the words “Art. Art. 112, 117 part 1, 130 part 1, 131, 141 part 2 of the Criminal Code of the RSFSR” and “part 3 of Art. 27 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. Art. 115, 116, 129 part 1 and art. 130 of the Criminal Code of the Russian Federation” and “Part 4 of Art. 27 Code of Criminal Procedure of the Russian Federation",
In the second paragraph of clause 11, the words “pp. 6, 7 part 1 art. 5 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “clause 5 of part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, except for the cases provided for by Part 4 of Art. 20 of the Code of Criminal Procedure of the Russian Federation”, the last sentence shall be stated as follows: “At the same time, the involvement of a prosecutor in a criminal case is not an obstacle to terminating the case for reconciliation of the victim with the defendant (part 4 of article 318 of the Code of Criminal Procedure of the Russian Federation)”;
Paragraph three of clause 11 shall be stated as follows:
“It should be borne in mind that criminal cases of private-public prosecution (part 3 of article 20 of the Criminal Procedure Code of the Russian Federation) are not subject to termination upon reconciliation of the victim with the defendant, except for the cases provided for by Art. 25 Code of Criminal Procedure of the Russian Federation.”;
In the fourth paragraph of clause 11, the word "descriptive" shall be replaced by the words "descriptive-motivational";
In the first paragraph of paragraph 12, the words “Art. 37 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 60 of the Criminal Code of the Russian Federation”, the words “and circumstances mitigating and aggravating his responsibility” shall be replaced by the words “including circumstances mitigating and aggravating the punishment, as well as the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family”, the words “Art. 68 Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 73 Code of Criminal Procedure of the Russian Federation”;
In the second paragraph of clause 12, the words “Art. 39 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 63 of the Criminal Code of the Russian Federation”;
In paragraph 3 of paragraph 12 the words "aggravating" shall be replaced by the words "aggravating", the words "as aggravating" shall be replaced by the words "as an aggravating circumstance";
In the first paragraph of paragraph 13, the words “Art. 314 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 307 of the Code of Criminal Procedure of the Russian Federation”, the words “to the defendant of the type and amount of punishment” shall be replaced by the words “criminal punishment”;
In the second paragraph of clause 13, the word "descriptive" shall be replaced by the words "descriptive-motivational", the words "on the postponement of the execution of the sentence" shall be deleted, the words "correctional labor or educational labor colony with deviation from the general rules" shall be replaced by the words "correctional colony";
In paragraph 3 of clause 13, the words “When deciding on the application of an exceptional measure of punishment - the death penalty -” shall be replaced by the words “Based on the fact that life imprisonment is established for the commission of especially serious crimes encroaching on life, as well as for the commission of especially serious crimes against public safety,”, the second sentence shall be deleted;
Paragraph 14 shall be stated in the following wording:
“When imposing a sentence and a type of correctional institution, the courts, if there are grounds, are obliged in the descriptive and motivational part of the sentence with reference to the part, paragraph of Art. 18 of the Criminal Code of the Russian Federation indicate the presence in the actions of the defendant of the type of recidivism of crimes.”;
In the first paragraph of clause 15, the words “clause 4 of Art. 315 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 308 Code of Criminal Procedure of the Russian Federation”;
In the second paragraph of clause 15, the words "correctional labor" shall be replaced by the word "correctional";
In the third paragraph of clause 15, the words “Art. 43 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 64 of the Criminal Code of the Russian Federation”;
In the fourth paragraph of clause 15, the words “Art. Art. 44, 46-1 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. 73 of the Criminal Code of the Russian Federation”, the second sentence shall be amended as follows: “It should be borne in mind that Art. 73 of the Criminal Code of the Russian Federation can only be applied to the main punishment (correctional labor, restriction in military service, restriction of freedom, detention in a disciplinary military unit or imprisonment for up to eight years)”;
Paragraph five of clause 15 shall be stated as follows:
“If a person sentenced to imprisonment has minor children, other dependents, as well as elderly parents in need of outside care, in the operative part of the conviction by virtue of Art. 313 of the Code of Criminal Procedure of the Russian Federation, it should also be indicated that they are transferred to the care of close relatives, relatives or other persons, or that they are placed in children's or social institutions.”;
The first paragraph of clause 16 shall be deleted;
The second paragraph of clause 16 shall be considered the first paragraph, in which the words “pp. 3 and 4 hours 1 art. 5 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “clause 3 of part 1 of Art. 24 and paragraph 3 of part 1 of Art. 27 of the Criminal Procedure Code of the Russian Federation”, the words “bringing to criminal responsibility” in the first and third sentences shall be replaced by the words “criminal prosecution”, the words “descriptive part to motivate” shall be replaced by the words “descriptive and motivational part to substantiate”, the words “art. 5 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Part 2 of Art. 27 Code of Criminal Procedure of the Russian Federation”;
In the third paragraph of clause 16, the words “Art. Art. 174, 218 of the Criminal Code of the RSFSR" shall be replaced by the words "Art. Art. 291, 222 of the Criminal Code of the Russian Federation”;
The first paragraph of paragraph 17 shall be stated as follows:
“Courts should keep in mind that the law (Part 2, Article 302 of the Criminal Procedure Code of the Russian Federation) establishes an exhaustive list of grounds for issuing an acquittal: the event of the crime has not been established; the defendant was not involved in the commission of the crime; the defendant was acquitted by the jury. An acquittal on any of these grounds means that the defendant is found not guilty and entails his rehabilitation.”;
In the second paragraph of clause 17, the word “descriptive” shall be replaced by the words “descriptive-motivational”, the word “essence” shall be replaced by the word “essence”, the words “as established by the court,” shall be replaced by the words “established by the court, the grounds for acquittal of the defendant and” are given;
In the third paragraph of clause 17, the words “one or” shall be deleted, the word “descriptive” shall be replaced by the words “descriptive-motivational”;
“The operative part of the verdict should contain an indication of the recognition of the right to rehabilitation as justified. Simultaneously with the verdict, a notice is sent to the rehabilitated person explaining the procedure for compensation for harm associated with criminal prosecution (part 1 of article 134 of the Code of Criminal Procedure of the Russian Federation)”;
In the first paragraph of paragraph 19, the words “Art. Art. 310, 314, 317 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. Art. 299, 305 - 307, 309 Code of Criminal Procedure of the Russian Federation";
In the second paragraph of clause 19, the words “Art. 310 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Part 2 of Art. 309 of the Criminal Procedure Code of the Russian Federation”, the second sentence shall be amended as follows: “Only if it is necessary to make additional calculations related to a civil claim, requiring the adjournment of the trial, and when this does not affect the court’s decision on the qualification of the crime, the punishment and other issues arising when deciding the sentence, the court may recognize the right of the civil plaintiff to satisfy the civil claim and refer the issue of the amount of compensation for the civil claim for consideration in civil proceedings.”;
The third paragraph of clause 19 shall be deleted;
Paragraphs one and two of clause 20 shall be stated as follows:
“When passing an acquittal, due to the absence of an event of a crime or the non-involvement of the defendant in the commission of a crime, the court refuses to satisfy the claim. In other cases, the court leaves the civil claim without consideration (part 2 of article 306 of the Code of Criminal Procedure of the Russian Federation).
A civil claim may also be left without consideration if the civil plaintiff or his representative fails to appear at the court session, except for the cases provided for in Part 2 of Art. 250 of the Code of Criminal Procedure of the Russian Federation: if a civil plaintiff or his representative solicits; the claim is supported by the prosecutor; the defendant fully agrees with the claim.
In the first paragraph of clause 22, the words “In accordance with Art. 312 of the Code of Criminal Procedure of the RSFSR" shall be deleted, after which the word "sentence" shall be capitalized;
In the third paragraph of clause 22, the words "corrective labor or educational labor" shall be replaced by the word "correctional";
In the second paragraph of paragraph 23, the words “Art. 318 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Art. 310 of the Criminal Procedure Code of the Russian Federation”, after the word “completely”, add the words “except for the case provided for by Part 7 of Art. 241 of the Code of Criminal Procedure of the Russian Federation.

12. RECOGNIZED AS VOID by a resolution of the Plenum dated October 18, 2012 No. 21

paragraphs 14 and 15 shall be deleted;
The third paragraph of clause 20 shall be deleted.

Paragraph 2 shall be amended as follows:
“When considering a petition of the preliminary investigation bodies for the election of a preventive measure in the form of detention in respect of a minor suspect or accused, the courts should carefully check the validity of the motives set forth in it about the need to take the minor into custody and the impossibility of choosing another milder measure of restraint, bearing in mind that by virtue of Part 2 of Article 108 of the Code of Criminal Procedure of the Russian Federation, such a measure of restraint can be applied only in cases where a minor is suspected of committing a grave or especially grave crime. In exceptional cases, as the only possible under the given conditions, detention may be applied to a minor who has committed a crime of medium gravity.
The court must take into account the requirements of Part 6 of Article 88 of the Criminal Code of the Russian Federation, according to which detention as a measure of restraint cannot be applied to a minor under the age of 16 who is suspected or accused of committing a crime of small or medium gravity for the first time, as well as to other minors suspected or accused of committing a crime of minor gravity for the first time.
When deciding on the choice of a measure of restraint for a juvenile suspect, the accused, in each case, the possibility of placing him under supervision (Part 2 of Article 423 of the Code of Criminal Procedure of the Russian Federation) should be discussed.
Based on the specific circumstances of the case and the severity of the crime, taking into account data on the identity of the minor, as well as the conditions of his life and upbringing, relations with parents, the court, on the basis of Article 105 of the Code of Criminal Procedure of the Russian Federation, may apply as a preventive measure the return of him under the supervision of parents, guardians, trustees or other , trustworthy persons, and located in a specialized children's institution - under the supervision of officials of this institution. ”;
In the first paragraph of clause 3, the words “arrest (imprisonment)” shall be replaced by the words “actual detention”;
In the second paragraph of clause 3, the words "with Article 19 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "with Part 1 of Article 16 of the Code of Criminal Procedure of the Russian Federation", the words "(Part 5 of Article 47 of the Code of Criminal Procedure of the RSFSR)" shall be replaced by the words "(Article 48, Part 1 of Article 426 of the Code of Criminal Procedure of the Russian Federation) who are allowed to participate in the case from the moment of the first interrogation of a minor as a suspect or accused”;
In the third paragraph of clause 3 the words "Article 345 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Item 4 of Part 2 of Article 381 of the Code of Criminal Procedure of the Russian Federation";
Paragraph 4 shall be deleted;
In the first paragraph of clause 5 in the first sentence, the words “Articles 399 and 400 of the Code of Criminal Procedure of the RSFSR” shall be replaced by the words “Article 428 of the Code of Criminal Procedure of the Russian Federation”, the union “a” shall be replaced by the words “taking into account the obligation to establish the living conditions and education of a minor defendant (Item 2 of Part 1 of Article 421 of the Criminal Procedure Code of the Russian Federation), they are summoned to the court session”, the second sentence after the words “in cases of minors” should be supplemented with the words “and the protection of their rights”;
In the second paragraph of clause 5, the words "in clause 8 of Article 34 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "in clause 12 of Article 5 of the Code of Criminal Procedure of the Russian Federation";
the first sentence of the second paragraph of clause 6 after the words "Russian Federation" shall be supplemented with the words "and part 4 of Article 56 of the Code of Criminal Procedure of the Russian Federation";
In the first paragraph of clause 7 the words "with Article 392 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "with clause 1 of part 1 of Article 421 of the Code of Criminal Procedure of the Russian Federation";
in paragraph 4 of clause 7 the words "Articles 78 and 79 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Articles 195 and 196, Part 2 of Article 421 of the Code of Criminal Procedure of the Russian Federation";
In paragraph 11 the words "Articles 391-402 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Articles 420-432 of the Code of Criminal Procedure of the Russian Federation";
In the second paragraph of clause 12, the words "Articles 75-77 of the Criminal Code of the Russian Federation" shall be replaced by the words "Articles 75 and 76 of the Criminal Code of the Russian Federation";
The fourth paragraph of clause 12 shall be excluded;
In paragraph 13, the words "for the first time committed crimes that do not pose a great public danger" shall be replaced by the words "committed crimes of small or medium gravity";
In paragraph 14, the first sentence shall be deleted, the words "8 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "427 of the Code of Criminal Procedure of the Russian Federation";
Paragraph 15 shall be stated in the following wording:
“When deciding on the possibility of releasing a minor from criminal liability with the use of coercive measures of educational influence in accordance with Article 90 of the Criminal Code of the Russian Federation, it must be taken into account that if the court comes to the conclusion that it is possible to correct a minor by applying measures of educational influence to him, then the criminal case under the specified grounds may be terminated both at the stage of preparation for the court session based on the results of the preliminary hearing, and as a result of the trial with a decision on the application of these measures to the minor.”;
Paragraph 17 shall be stated in the following wording:
“In accordance with Article 432 of the Code of Criminal Procedure of the Russian Federation, the court has the right, having passed a guilty verdict, to release the minor from punishment and, on the basis of Article 92 of the Criminal Code of the Russian Federation, to apply coercive measures of educational influence provided for by Part 2 of Article 90 of the Criminal Code of the Russian Federation, or to send him to a special educational and educational institution of a closed type of educational authority.
At the same time, it should be taken into account that minors convicted of committing crimes of only medium gravity or grave ones are sent to the specified special educational institution, with the exception of those specified in Part 5 of Article 92 of the Criminal Code of the Russian Federation, when they need special conditions for education, training and require special pedagogical approach. Such a decision is made by the court in order to replace the punishment, the appointment of which in this case is not required (clause 3 of part 5 of article 302 of the Code of Criminal Procedure of the Russian Federation).
The second paragraph of paragraph 18 shall be excluded;
In paragraph 19 the words "Article 55 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Article 54 of the Code of Criminal Procedure of the Russian Federation";
The second paragraph of paragraph 21 shall be excluded;
In the first paragraph of clause 22, the words "Article 325 of the Code of Criminal Procedure of the RSFSR" shall be replaced by the words "Article 354 of the Code of Criminal Procedure of the Russian Federation", after the words "subject to consideration in" the words "appeal and" shall be added.

the first, second, third and fourth paragraphs of clause 3 shall be considered respectively the second, third, fourth and fifth paragraphs of clause 2;
Paragraph 3 shall be stated in the following wording:
“It should be borne in mind that civilian smooth-bore weapons, their main parts and ammunition are excluded from the range of crimes, liability for which is provided only by Article 222 of the Criminal Code of the Russian Federation. Articles 223-226 of the Criminal Code of the Russian Federation do not contain such an exception.”;
In the third paragraph of clause 9, the words "acquisition," and "wearing" shall be deleted;
Paragraph 14 shall be deleted;
Clause 18 after the words “completed theft” shall be supplemented with the words “or extortion”.

in paragraph 1, the text enclosed in brackets and the second paragraph shall be deleted;
Paragraph 5 shall be deleted;
In the first paragraph of paragraph 6 in the first sentence the words "by arson" shall be replaced by the words "committed out of hooligan motives, by arson, explosion or in any other generally dangerous way", in the second sentence the words "directly aimed at setting someone else's property on fire", shall be deleted, the words “by arson” shall be replaced by the words “(part 3 of article 30 and part 2 of article 167 of the Criminal Code of the Russian Federation)”;
The second sentence of paragraph 7 shall be amended as follows: “In this regard, when deciding on the amount of destroyed or damaged property, the courts should be guided by paragraph 4 of the note to Article 158 of the Criminal Code of the Russian Federation.”;
In the second paragraph of clause 8, the words "part two of Article 168" shall be replaced by the words "Article 168";
In paragraph 10, the words “or destruction or damage to property through negligence (Part two of Article 168 of the Criminal Code of the Russian Federation)” shall be deleted, after the words “or organizations;” add the word "long";
In the first paragraph of paragraph 11, after the words "with fire", add the words "or other sources of increased danger", after the words "other people's property" add the words "on a large scale", the words "must be qualified" should be replaced with the word "qualified", the words "the second part Article 168” shall be replaced by the words “Article 168”;
In the second paragraph of clause 11, the words "part two" shall be deleted;

Paragraph 12 shall be amended as follows:
"12. The actions of persons who stole other people's property by theft, robbery or robbery by a group of persons by prior agreement or by an organized group should be qualified according to the relevant paragraphs of Articles 158, 161 and 162 of the Criminal Code of the Russian Federation on the grounds of "a group of persons by prior agreement" or "an organized group", if two or more perpetrators jointly participated in the commission of this crime, which, by virtue of Article 19 of the Criminal Code of the Russian Federation, are subject to criminal liability for their deeds.
If a person has committed theft, robbery or robbery through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances, his actions (in the absence of other qualifying signs) should be qualified in parts one of Articles 158, 161 or 162 of the Criminal Code of the Russian Federation as actions the direct perpetrator of the crime (part two of Article 33 of the Criminal Code of the Russian Federation).
Given that the law does not provide for a qualifying sign of the commission of theft, robbery or robbery by a group of persons without prior conspiracy, the deed in such cases should be qualified (in the absence of other qualifying signs specified in the dispositions of the relevant articles of the Criminal Code of the Russian Federation) under the first part of Article 158, part the first article 161 or part one of article 162 of the Criminal Code of the Russian Federation. When deciding the sentence, the court, if there are grounds for this, provided for by part one of Article 35 of the Criminal Code of the Russian Federation, has the right to recognize the commission of a crime as part of a group of persons without prior collusion as an aggravating circumstance, with reference to paragraph "c" of part one of Article 63 of the Criminal Code of the Russian Federation.
Paragraph 16 shall be stated in the following wording:
"16. The articles of the Special Part of the Criminal Code of the Russian Federation do not provide for the commission of two or more thefts, robberies and robberies as a circumstance entailing a more severe punishment. According to Article 17 of the Criminal Code of the Russian Federation, in case of a combination of crimes, a person is criminally liable for each crime committed under the relevant article or part of an article of the Criminal Code of the Russian Federation, punishment is imposed separately for each crime committed. At the same time, the final punishment in accordance with parts two and three of Article 69 of the Criminal Code of the Russian Federation cannot exceed more than half the maximum term or amount of punishment provided for the most serious of the crimes committed.
From the totality of crimes, one should distinguish continued theft, consisting of a number of identical criminal acts committed by seizing someone else's property from the same source, united by a single intent and constituting in their totality a single crime.
Paragraphs one and two of clause 17 shall be excluded;
In the fifth paragraph of clause 21, the word "third" shall be replaced by the word "fourth";
In paragraph 22, the word "third" shall be replaced by the word "fourth";
In paragraphs one and five of clause 23, the words “clause “d” shall be deleted;
In the first paragraph of clause 24, the words “or robbery” shall be deleted;
The second paragraph of paragraph 24 shall be stated as follows:
“The qualifying sign of theft, provided for in paragraph “c” of part two of Article 158 of the Criminal Code of the Russian Federation, can be charged to the guilty person only if, as a result of the crime committed, the victim actually suffered significant material damage to him, which cannot be less than two thousand five hundred rubles. »;
The first paragraph of paragraph 25 shall be stated as follows:
“As theft on a large scale, the commission of several thefts of another's property, the total value of which exceeds two hundred and fifty thousand rubles, and on an especially large scale - one million rubles, should be qualified if these thefts were committed in one way and under circumstances indicating the intent to commit theft on a large scale. or on an especially large scale.
In the second paragraph of clause 25, the words “groups of persons,” shall be deleted, after the words “on the basis of “on a large scale”, the words “or “on an especially large scale” shall be added;
In the third paragraph of paragraph 25 in the first sentence, after the words “the person who committed” add the words “robbery or”, after the words “does not constitute a large scale”, add the words “or especially large”, the words “in parts two and three of Article 162 of the Criminal Code of the Russian Federation, it is necessary qualify under part one of this article” shall be replaced by the words “in parts two, three and four of articles 161 and 162 of the Criminal Code of the Russian Federation, it is necessary to qualify, respectively, under part one of these articles”, the second sentence shall be stated as follows: “However, in cases where the person who committed robbery or robbery, was intended to take possession of property on a large or especially large scale, but actually took possession of property, the value of which does not exceed two hundred and fifty thousand rubles or one million rubles, his actions must be qualified, respectively, under part three of Article 30 of the Criminal Code of the Russian Federation and paragraph "e" of the second part of Article 161 or under paragraph "b" of the third part of Article 161 as an attempted robbery committed on a large scale or in a special in a lump sum, or under part three of Article 162 or under paragraph "b" of part four of Article 162 of the Criminal Code of the Russian Federation as a completed robbery committed on a large scale or for the purpose of taking property on an especially large scale.
Paragraph 25 shall be supplemented with the fifth paragraph of the following content:
“The special historical, scientific, artistic or cultural value of stolen objects or documents (Article 164 of the Criminal Code of the Russian Federation) (regardless of the method of theft) is determined on the basis of expert opinion taking into account not only their value in monetary terms, but also their significance for history, science, art or culture.”;
In paragraph 26, the words "paragraphs 4, 7, 8 and 10" shall be replaced by the words "paragraphs 4, 7, 8, 9 and 10".

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MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT
RUSSIAN FEDERATION

ABOUT THE APPROVAL OF THE RULES

In accordance with articles 13 and 16 of the Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" (Collected Legislation of the Russian Federation, 2007, N 1 (part I), 18; 2009, N 7, item 781; N 30, item 3739) I order:

Approve the attached Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth.

Acting Minister
V.I.STARODUBOV

Approved

Ministry of Health
and social development
Russian Federation
February 6, 2007 No. 91

CALCULATION AND CONFIRMATION OF INSURANCE EXPERIENCE
FOR DETERMINING THE AMOUNT OF BENEFITS FOR TIME
DISABILITY, PREGNANCY AND Maternity

I. General provisions

1. These Rules, developed in accordance with the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" (hereinafter - Federal Law of December 29, 2006 N 255-FZ) , establish the procedure for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth (hereinafter referred to as the insurance period) for citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislation of the Russian Federation (hereinafter - insured persons), including determining the documents confirming the insurance experience.

2. The length of service includes:
a) periods of work under an employment contract;
b) periods of state civil or municipal service;
c) periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood, including:
- periods of activity of an individual entrepreneur, individual labor activity, labor activity on the terms of an individual or group lease, periods of activity of individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, private detectives, private security guards, other persons engaged in the procedure established by the legislation of the Russian Federation private practice), a member of a peasant (farm) economy, a tribal, family community of the small peoples of the North before January 1, 2001 and after January 1, 2003, for which social insurance payments have been paid;
- periods of activity as a lawyer before January 1, 2001, as well as periods of such activity, for which social insurance payments were paid, after January 1, 2003;
- periods of work of a member of a collective farm, a member of a production cooperative, taking personal labor participation in its activities, before January 1, 2001, as well as periods of the specified work for which social insurance payments were paid, after January 1, 2001;
- periods of exercising the powers of a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of holding public positions in the Russian Federation, public positions of constituent entities of the Russian Federation, as well as municipal positions filled on a permanent basis;

Periods of activity as a clergyman for which social insurance payments have been paid;
- periods of involvement in paid labor of a person sentenced to deprivation of liberty, subject to the fulfillment of the established work schedule, after November 1, 2001.

Pages: 1 of 3

MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT
RUSSIAN FEDERATION

ORDER

On approval of the Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth

Document as amended by:
(Russian newspaper, N 194, 10/14/2009) (entered into force on January 1, 2010);
(Official Internet portal of legal information www.pravo.gov.ru, 07.12.2016, N 0001201612070014);
(Official Internet portal of legal information www.pravo.gov.ru, November 28, 2018, N 0001201811280012);
(Official Internet portal of legal information www.pravo.gov.ru, 06/19/2019, N 0001201906190015);
(Official Internet portal of legal information www.pravo.gov.ru, February 13, 2020, N 0001202002130001).
____________________________________________________________________

In accordance with and 16 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" (Collected Legislation of the Russian Federation, 2007, N 1 (part 1), art. 18 ; 2009, N 7, art. 781; N 30, art. 3739) (preamble as amended, put into effect on January 1, 2010 by order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740n

I order:

Approve the attached Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth.

Acting Minister
V.I.Starodubov

Registered
at the Ministry of Justice
Russian Federation
March 14, 2007
registration N 9103

Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, pregnancy and childbirth

Appendix

APPROVED
by order
Ministry of Health
and social development
Russian Federation
dated February 6, 2007 N 91

I. General provisions

1. These Rules, developed in accordance with the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" (hereinafter - Federal Law of December 29, 2006 N 255-FZ), establish the procedure for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth (hereinafter referred to as the insurance period) for citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislation of the Russian Federation (hereinafter referred to as the insured persons), including determining the documents confirming the length of service (paragraph as amended, put into effect on January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n.

2. The length of service includes:

a) periods of work under an employment contract;

b) periods of state civil or municipal service;

c) periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood, including:

periods of activity of an individual entrepreneur, individual labor activity, labor activity on the terms of an individual or group lease, periods of activity of individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, private detectives, private security guards, other persons engaged in private practice), a member of a peasant (farm) economy, a tribal, family community of small peoples of the North, Siberia and the Far East of the Russian Federation before January 1, 2001 and after January 1, 2003, for which social insurance payments have been paid;
(Paragraph as amended, put into effect on December 9, 2018 by order of the Ministry of Labor of Russia dated November 9, 2018 N 692n.

periods of activity as a lawyer before January 1, 2001, as well as periods of such activity, for which social insurance payments were paid, after January 1, 2003;

periods of work of a member of a collective farm, a member of a production cooperative, taking personal labor participation in its activities, before January 1, 2001, as well as periods of such work for which social insurance payments were paid, after January 1, 2001;

periods of exercising the powers of a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of holding state positions in the Russian Federation, state positions of constituent entities of the Russian Federation, as well as municipal positions filled on a permanent basis (the paragraph was supplemented from January 1 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n;

periods of activity as a clergyman for which social insurance payments have been paid;

periods of attraction to paid work of a person sentenced to deprivation of liberty, provided that he fulfills the established work schedule after November 1, 2001.

2_1. In the insurance period, along with the periods of work and (or) other activities that are provided for in paragraph 2 of these Rules, the periods of military service, as well as other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision of persons who served in the military, served in the internal affairs bodies, the State Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the national guard of the Russian Federation, the enforcement bodies of the Russian Federation, and their families " (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 9, Art. 328; Collection of Legislation of the Russian Federation, 1995, N 49, Art. 4693; 1996, N 1, Art. 4; 1997, N 51, 5719; 1998, N 30, item 3613; 1999, N 23, item 2813; 2000, N 50, item 4864; 2001, N 17, item 1646; 2002, N 2, item 129; N 10, art.965; N 22, art.2029; N 24, art. 2254; N 27, art. 2620; N 30, art. 3033; 2003, N 2, article 154; N 27 (part 1), art. 2700; 2004, N 27, article 2711; N 35, art. 3607; 2006, N 6, article 637; N 52, art. 5505; 2007, N 1, article 35; N 49, art. 6072; N 50, art. 6232; 2008, N 7, article 543; N 19, art. 2098; N 30, art. 3612; 2009, N 18, article 2150).
by order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740n by order of the Ministry of Labor of Russia of April 9, 2019 N 225n by order of the Ministry of Labor of Russia of January 14, 2020 N 15n.

3. Social insurance payments for the purposes of these Rules mean:

b) for the period from January 1, 1991 to December 31, 2000 - insurance contributions to the Social Insurance Fund of the Russian Federation;

c) for the period from January 1, 2001 to December 31, 2009 - taxes credited to the Social Insurance Fund of the Russian Federation (single social tax, single tax paid by organizations and individual entrepreneurs applying the simplified taxation system, single tax on imputed income for individual types of activities, unified agricultural tax) (subparagraph as amended, put into effect on January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n;
________________
For individual entrepreneurs, the payment of taxes credited to the budget of the Social Insurance Fund of the Russian Federation (single tax paid by individual entrepreneurs using the simplified taxation system, single tax on imputed income for certain types of activities, unified agricultural tax) is not recognized as payment of payments for social insurance for period of activity as an individual entrepreneur.

d) for the period after January 1, 2003 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood, paid by lawyers, individual entrepreneurs, including members of peasant (farm) households, individuals who are not recognized as individual entrepreneurs, tribal, family communities of the small peoples of the North, Siberia and the Far East of the Russian Federation in accordance with (Collected Legislation of the Russian Federation, 2003, N 1, Article 5), and from January 1, 2010 - in accordance with.
(The subparagraph was supplemented from January 1, 2010 by order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740n; as amended, put into effect on December 9, 2018 by order of the Ministry of Labor of Russia of November 9, 2018 N 692n.

e) for the period from January 1, 2010 to December 31, 2010 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood, paid to the Social Insurance Fund of the Russian Federation in accordance with (Collected Legislation of the Russian Federation, 2009, N 30 , Art. 3738), or taxes credited to the Social Insurance Fund of the Russian Federation (single tax paid by organizations and individual entrepreneurs using the simplified taxation system, single tax on imputed income for certain types of activities, single agricultural tax) (the subparagraph is additionally included with January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n);

f) for the period from January 1, 2011 to December 31, 2016 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood, paid to the Social Insurance Fund of the Russian Federation in accordance with Federal Law No. 212 of July 24, 2009 -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 and territorial compulsory medical insurance funds" .
(The subparagraph was additionally included from January 1, 2010 by order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740n; as amended, put into effect on December 18, 2016 by order of the Ministry of Labor of Russia of November 15, 2016 N 650n.

g) for the period after January 1, 2017 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with maternity, paid to the Social Insurance Fund of the Russian Federation in accordance with the legislation of the Russian Federation on taxes and fees.
(The subparagraph is additionally included from December 18, 2016 by order of the Ministry of Labor of Russia dated November 15, 2016 N 650n)

4. Payment of payments for social insurance for the periods of relevant activity specified in subparagraph "c" of paragraph 2 of these Rules shall be confirmed by the following documents:

a) contributions to state social insurance for the period up to January 1, 1991 - documents of financial authorities or certificates of archival institutions;

b) insurance contributions to the Social Insurance Fund of the Russian Federation for the period from January 1, 1991 to December 31, 2000 - documents of the territorial bodies of the Social Insurance Fund of the Russian Federation;
________________
The territorial bodies of the Social Insurance Fund of the Russian Federation are branches of the Social Insurance Fund of the Russian Federation and their branches.

c) taxes credited to the Social Insurance Fund of the Russian Federation for the period from January 1, 2001 to December 31, 2010, as well as insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislation on taxes and fees for the period from January 1, 2017 - documents of a collective farm, production cooperative, religious or other organization (individual) on payment of the specified taxes or insurance premiums for the insured person;
by order of the Ministry of Labor of Russia dated November 15, 2016 N 650n.

d) insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the Federal Law of December 31, 2002 N 190-FZ "On the provision of benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens" for the period from January 1, 2003 to December 31, 2009 and in accordance with the Federal Law of December 29, 2006 N 255-FZ for the period after January 1, 2010 - documents of the territorial bodies of the Social Insurance Fund Russian Federation (subparagraph as amended, put into effect on January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n.

e) insurance premiums for compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal medical insurance and territorial compulsory medical insurance funds" for the period from January 1, 2010 to December 31, 2016 - documents of the territorial bodies of the Social Insurance Fund of the Russian Federation.
(Subparagraph as amended, put into effect on December 18, 2016 by order of the Ministry of Labor of Russia dated November 15, 2016 N 650n.

5. In cases where benefits for temporary disability, for pregnancy and childbirth (hereinafter referred to as the benefit) are assigned and paid to the insured person by the territorial body of the Social Insurance Fund of the Russian Federation, the documents specified in subparagraphs "b", "d" and "e" of paragraph 4 of these Rules, are not represented by the insured person (paragraph as amended, entered into force on January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n.

II. Documents confirming the periods of work (service, activities) included in the length of service

8. The main document confirming periods of work under an employment contract, periods of state civil or municipal service, periods of exercising powers as a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of filling other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as municipal positions filled on a permanent basis, is a work book of the established form (hereinafter referred to as the work book) (paragraph as amended, put into effect on January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n.

In the absence of a work book, as well as in the case when the work book contains incorrect and inaccurate information or there are no records of individual periods of work, written employment contracts are accepted to confirm the periods of work, drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arises, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, personal accounts and payroll statements.

11. The periods of activity of an individual entrepreneur, individual labor activity, labor activity on the terms of an individual or group lease are confirmed:

a) for the period before January 1, 1991 - a document from financial authorities or certificates from archival institutions on the payment of social insurance payments;

13. Periods of activity as a member of a tribal, family community of small peoples of the North, Siberia and the Far East of the Russian Federation for periods before January 1, 2001 and after January 1, 2003 are confirmed by a document of the relevant community on the period of this activity and a document of the territorial body of the Social Insurance Fund of the Russian Federation Federation on the payment of social insurance payments.
(Paragraph as amended, put into effect on December 9, 2018 by order of the Ministry of Labor of Russia dated November 9, 2018 N 692n.

17. Periods of activity as a clergyman are confirmed by a work book and a document from a religious organization on the payment of social insurance payments.

19. Periods of other activities not specified in paragraphs 8-18 of these Rules, during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with the legislative and other regulatory legal acts of the Russian Federation or the former USSR, are confirmed documents on the period of this activity and documents confirming the payment of social insurance payments.

19_1. Periods of military service, as well as other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pensions for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families" are confirmed by military tickets, certificates of military commissariats, military units, archival institutions, entries in the work book made on the basis of documents, and other documents containing information about the period of service.
(The paragraph was additionally included from January 1, 2010 by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 N 740n; as amended, entered into force on June 30, 2019 by order of the Ministry of Labor of Russia dated April 9, 2019 N 225n; as amended, entered into force on 24 February 2020 by order of the Ministry of Labor of Russia dated January 14, 2020 N 15n.

20. Documents confirming the periods of work (service, activities) included in the length of service are submitted by the insured person at the place of destination and payment of benefits (to the employer or the territorial body of the Social Insurance Fund of the Russian Federation), except for the cases specified in paragraph 5 of these Rules.

III. The procedure for calculating the insurance period

21. Calculation of periods of work (service, activity) is carried out in calendar order based on full months (30 days) and a full year (12 months). At the same time, every 30 days of these periods are converted into full months, and every 12 months of these periods are converted into full years.

25. Record of work made in the work book (duplicate of the work book) on the basis of the decision of the commission to establish the length of service, adopted in accordance with clause 34 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by a decree of the Government of the Russian Federation dated April 16, 2003 N 225 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 16, Art. 1539; 2004, N 8, Art. 663), are considered on an equal footing with an entry confirmed by documents.

27. If in the submitted document on the periods of work (service, activity) only years are indicated without specifying exact dates, the date is taken as July 1 of the corresponding year, and if the day of the month is not indicated, then the 15th day of the corresponding month is taken as the date.

Revision of the document, taking into account
changes and additions prepared

RULES FOR CALCULATION AND CONFIRMATION OF INSURANCE SERVICE FOR DETERMINING THE AMOUNT OF BENEFITS FOR TEMPORARY DISABILITY, FOR PREGNANCY AND Maternity

I. General provisions

II. Documents confirming the periods of work (service, activities) included in the length of service

ON AMENDMENTS AND ADDITIONS TO SOME DECISIONS OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR CIVIL CASES

Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, pregnancy and childbirth

I. General provisions

II. Documents confirming the periods of work (service, activities) included in the length of service

III. The procedure for calculating the insurance period

Credits

Credit history

Mortgage

For business

Miscellaneous about finance

Contributions, deposits

Finance and more

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