Plenum of the Supreme Court of the Russian Federation. On the change and addition of some decrees of the Plenum of the Supreme Court of the Russian Federation for Civil Affairs

application

rules
calculation and confirmation of insurance experience to determine the sizes of temporary disability benefits, pregnancy and childbirth
(approved by the order of the Ministry of Health and Social Development of the Russian Federation of February 6, 2007 N 91)

With changes and additions from:

September 11, 2009, November 15, 2016, November 9, 2018, April 9, 2019, January 14, 2020

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 due to motherhood" (hereinafter referred to as the Federal Law of December 29, 2006 N 255-FZ) , the procedure for counting and confirming the insurance experience to determine the size of manuals for temporary disability, pregnancy and childbirth (hereinafter - insurance experience) to citizens subject to compulsory social insurance in case of temporary disability and due to motherhood in accordance with the legislation of the Russian Federation (hereinafter - Insured persons), including define documents confirming insurance experience.

2. In the insurance experience turn on:

a) periods of work on the employment contract;

b) periods of state civil or municipal service;

d) for the period after January 1, 2003 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with the motherhood paid by lawyers, individual entrepreneurs, including members of the peasant (farmer) farms, individuals not recognized by individual entrepreneurs , family, family communities of the small peoples of the North, Siberia and the Far East of the Russian Federation in accordance with the Federal Law of December 31, 2002 N 190-FZ "On providing benefits on compulsory social insurance of citizens working in organizations and individual entrepreneurs who apply special Tax regimes, and some other categories of citizens "(Meeting of the legislation of the Russian Federation, 2003, N 1, Art. 5), and from January 1, 2010 - in accordance with the Federal Law of December 29, 2006 N 255-FZ;

e) for the period January 1, 2010 until December 31, 2010 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with the motherhood paid to the Social Insurance Fund of the Russian Federation in accordance with Federal Law # and territorial funds of compulsory medical insurance " (Meeting of the 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 applying a simplified taxation system, a single tax on imputed income for certain types of activities , single agricultural tax);

e) 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 the motherhood paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-ФЗ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund of Compulsory Medical Insurance # and territorial funds of compulsory medical insurance";

Change information:

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 due to motherhood in accordance with the law on taxes and fees For the period from January 1, 2017 - documents of a collective farm, a production cooperative, a religious or other organization (individual) on payment for the insured person of these taxes or insurance premiums;

d) insurance premiums for compulsory social insurance in case of temporary disability and due to motherhood in accordance with the Federal Law of December 31, 2002 N 190-FZ "On the provision of benefits on compulsory social insurance of citizens working in organizations and 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;

e) insurance premiums for compulsory social insurance in case of temporary disability and due to the motherhood in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund Mandatory medical insurance # and territorial compulsory health 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.

5. In cases where allowance for temporary disability, for pregnancy and childbirth (hereinafter - manual) is appointed 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", "G" and "D" 4 of these rules, the insured person does not seem.

If the territorial body of the Social Insurance Fund of the Russian Federation, which puts the purpose and payment of benefits, does not have information about the payment of social insurance payments for the relevant periods of the insured person due to the fact that their payment was made at the expense of another territorial body of the Social Insurance Fund of the Russian Federation, The indicated information (documents confirming the payment of payments for social insurance) are requested by the territorial body of the Social Insurance Fund of the Russian Federation, which is appropriate for the purpose and payment of benefits directly from this territorial body of the Social Insurance Fund of the Russian Federation.

6. If the international treaty of the Russian Federation has established other rules for calculating and confirming the insurance experience, the rules of the International Treaty of the Russian Federation are applied.

7. Insurance experience is determined in the appointment of benefits by the employer, and in cases provided for by the Federal Law of December 29, 2006 N 255-FZ, the territorial body of the Social Insurance Fund of the Russian Federation on the day of the appropriate insurance case (temporary disability, maternity leave).

II. Documents confirming the periods of work (services, activities) included in the insurance experience

In the absence of an employment record, as well as in the case when the employment book contains incorrect and inaccurate information, or there are no records of individual periods of work, written employment contracts are made in confirmation of work periods, decorated in accordance with the labor legislation operating on the day of the emergence of relevant legal relations, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, facial accounts and wage issues.

9. In the case when the labor book is not conducted, the periods of work on the employment contract are confirmed by the written labor contract, issued in accordance with the labor legislation, operating on the day of the emergence of relevant legal relations.

10. Periods of work in individual citizens under contracts (household workers, babies, secretaries, typists and others) During the conclusion of employment contracts, it is confirmed by the contract between the employer and the employee registered in the trade union bodies and the employer's employment document for the period of this work of payments on social insurance.

11. Periods of the individual entrepreneur, individual labor activities, work on the conditions of individual or group leases are confirmed:

a) for the period up to January 1, 1991 - a document of financial authorities or certificates of archival institutions about paying 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 the peasant (farmer) economy for the periods before January 1, 2001 and after January 1, 2003, a document was confirmed by the document of 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 the generic, family community of the small peoples of the North, Siberia and the Far East of the Russian Federation for the periods until January 1, 2001 and after January 1, 2003 are confirmed by the document of the relevant community about the period of this activity and the territorial body of the Social Fund Insurance of the Russian Federation on the payment of social insurance payments.

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

15. Periods of activity as a lawyer are confirmed for the period up to January 1, 2001 by the employment record, and for the period after January 1, 2003 - the document of the territorial body of the Social Insurance Fund of the Russian Federation on the payment of social insurance payments.

16. Periods of work of a member of a collective farm, a member of the production cooperative, who accepts personal labor participation in his activities, is confirmed for the period up to January 1, 2001 by the employment record (the Labor Book of the collective farmer), and for the period after January 1, 2001, the Labor Book (Labor A collective farm book) and a collective farm document, a production cooperative on paying social insurance payments.

17. Periods of activity as a clergy is confirmed by the employment record and a document of a religious organization on the payment of social insurance payments.

18. Periods of attracting a person who has been convicted of imprisonment, during which they carried out the established schedule of work, after November 1, 2001, confirmed by the workbook and documents of the institution acting.

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

19.1. The periods of military service, as well as the other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons held military service, service in the internal affairs bodies, state fire service, organ control bodies funds and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution bodies of the Russian Federation, and their families "are confirmed by military tickets, certificates of military commissariats, military units, archival institutions, entries in the employment book introduced on The basis of documents, and other documents containing information about the period of service.

20. Documents confirming the periods of work (services, activities) included in the insurance experience are represented by the insured person at the destination and payment of the benefits (employer or the territorial body of the Social Insurance Fund of the Russian Federation), with the exception of the cases specified in paragraph 5 of these Rules.

III. The procedure for counting insurance experience

21. The calculation of periods of work (service, activities) is carried out in a calendar basis at the calculation of full months (30 days) and full year (12 months). At the same time, every 30 days of these periods are translated into full months, and every 12 months of these periods are translated in full years.

22. In the case of coincidence of the periods of work periods (services, activities) included in the insurance experience, one of these periods of the insured person confirmed by a statement in which the period selected for inclusion in the insurance experience is indicated.

23. Documents issued in order to confirm the periods of work (service, activities) included in the insurance experience should contain the number and date of issue, last name, first name, patronymic of the insured person who is issued a document, number, month and year of his birth, place of work , work period, profession (position), the basis of their issuance (orders, facial accounts and other documents). Documents issued by employers to the insured person when dismissing from work can be taken to confirm the insurance experience and if they do not contain grounds for issuing them.

24. Entries in the employment record, taken into account when calculating the insurance experience, should be decorated in accordance with the labor legislation acting on the day of their introduction to the employment record.

25. Recording about the work introduced into the labor book (duplicate of the Labor Book) on the basis of the decision of the Commission for the establishment of the experience taken in accordance with paragraph 34 of the Rules and Storage of Labor Books, the manufacture of Label Books and Support of Employers approved by the Government Decree of the Russian Federation dated April 16, 2003 N 225 (Meeting of the legislation of the Russian Federation, 2003, N 16, Art. 1539; 2004, N 8, Art. 663) are considered on par with a record confirmed by documents.

26. If the name, patronymic or surname of a citizen in a feasibility study document does not coincide with his name, patronymic or surname specified in the passport or birth certificate, the fact of the belonging of this document to this citizen is established on the basis of a marriage certificate, name certificate, certificates of competent authorities (officials) of foreign states or in court.

27. In the event that in the document provided on the period of work (services, activities), only years are indicated without the designation of accurate dates, the date is taken on July 1 of the relevant year, and if the number of the month is not specified, then the 15th number of the relevant month is.

______________________________

* For individual entrepreneurs, paying taxes enrolled in the budget of the Social Insurance Fund of the Russian Federation (a single tax paid by individual entrepreneurs who apply a simplified tax system, a single tax on imputed income for certain types of activities, a single agricultural tax), is not recognized by the payment of social insurance payments. During the period of activity as an individual entrepreneur.

** 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.

Presidium of the Supreme Arbitration Court of the Russian Federation

Decision

Presidium of the Supreme Arbitration Court of the Russian Federation as part of:

chairman - Chairman of the Supreme Arbitration Court of the Russian Federation Ivanova A.A.;

members of the Presidium: Andreva T.K., Valyavina E.Yu., Vitryansky V.V., Vyshnyak N.G., Ivannikova N.P., Isaicheva V.N., Kozlova A.S., Kozlova O.A. , Makovskaya A.A., Prshutova A.G., Sarbash S.V., Seynaroeva B.M., Yukhneu M.F. -

considered the application of the closed joint-stock company Yakutzhilstroy on the revision in the order of oversight of the decision of the Arbitration Court of the Republic of Sakha (Yakutia) dated March 16, 2006 on the case No. A58-1780 / 2004 and the Resolution of the Federal Arbitration Court of the East Siberian District of June 29, 2006 in the same case .

Having heard and discussed the report of the judge Seianaroyev B.M., the Presidium established the following.

CLOSED JOINT-STOCK COMPANY "YAKUTZHILSTROY" appealed to the Arbitration Court of the Republic of Sakha (Yakutia) with a claim for recognition of the contract of assignment of the requirement of December 17, 2002, concluded with the Limited Liability Company "PSK-NORD", terminated, the obligations of ST-ORON was terminated and the right to concession Requirements at least.

By the decision of the Arbitration Court of the Republic of Sakha (Yakutia) dated March 16, 2006, the claim was denied. The court indicated that the failure to fulfill the assignment agreement in terms of the payment of apartments cannot serve as a basis for termination of this agreement, since it does not apply to the number of significant violations of the terms of the contract.

The Federal Arbitration Court of the East Siberian District by the decision of 29.06.2006 the decision of the court of first instance has left unchanged.

In a statement filed to the Supreme Arbitration Court of the Russian Federation, on revision in the order of supervision of these judicial acts, ZAO Yakutzhilstroy asks them to cancel, referring to the non-state courts of the provisions of Article 523 of the Civil Code of the Russian Federation, by virtue of which substantial violations of the supply contract are considered repeated violations by the parties Terms of payment for goods. According to the applicant, the disputed contract contains elements of various contracts, including supply contract.

After checking the validity of the arguments set out in the statement, the Presidium believes that the applicable judicial acts are subject to cancellation, the claim in terms of recognizing the disputed contract is dissolved - satisfaction, in the rest of the requirements, the case is subject to a new consideration on the following grounds.

The contracting contract was concluded between December 17, 2002, according to which ZAO "Yakutzhilstroy" is inferior to his right demand for apartments N 1, 6, 15, 19, 36, located in a 72-apartment residential building, located at: Yakutsk, Quarter Khatan-Yuryah ul. Kursnatovsky, 3/5, belonging to him on the basis of a contract for the joint construction of this house from 01.12.2001 N 0002, and LLC PSK-Nord undertakes to pay for the cost of these apartments (6096500 rubles), including 300,000 rubles - until December 20, 2003, and for the remaining amount (309,6500 rubles) to put construction materials within three months from the date of signing the Cessia Agreement.

Additional agreement to the contract dated March 24, 2003 changed the period of payment of the redefined right of claim: Cessionary is obliged to pay a provider of 30,000,000 rubles in time until March 28, 2003, and for the remaining amount (3096,500 rubles) to put construction materials for three months from the date of signing the title agreement.

The evidence of the fulfillment of the obligations contained in the Cessia agreement and the additional agreement to it, the defendant is not represented.

The fact of failure to fulfill the defendant these obligations was established by judicial acts in another case of the Arbitration Court of the Republic of Sakha (Yakutia) (N A58-5440 / 2004) on the dispute between the same parties and is not denied by the defendant in this case.

The courts mistakenly not recognized the violation of the terms of payment of apartments as a basis for recognizing the contract of assignment to the requirement was terminated, incorrectly interpreting and applying the norms of substantive law.

Resolving the dispute, the courts applied Article 451 of the Civil Code of the Russian Federation, regulating the change and termination of the contract due to a significant change in the circumstances from which the parties proceeded at the conclusion of the contract. The relations of the parties in the present case are related to the recognition of the contract terminated due to non-fulfillment of its conditions, and not changes in circumstances. Consequently, the courts applied the norm not subject to use in this case.

In accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract may be changed or terminated by the court decision only with a substantial violation of the contract by the other party, as well as in other cases provided for by the Code, other laws or the contract.

According to this norm, a violation of a treaty of one of the parties is essential, which entails such damage to another side that it is largely deprived of what has been entitled to count. The plaintiff was calculated to obtain a certain terms of the contract to be transferred to the respondent of apartments to be transferred, but did not receive, because the defendant did not pay these apartments.

In addition, in accordance with paragraph 4 of the Supplementary Agreement dated March 24, 2003, the parties put the Termination of its rights and obligations arising from the CESSIA Treaty, depending on the execution of the counter obligations of the Cessionary (LLC PSK-Nord): in case of failure to agree on the terms of the agreement. It is terminated and the points indicated in it are returned to the cedent. This condition is an independent basis for termination of the contract.

Thus, in terms of refusal to satisfy the claim for the recognition of the CESSIA agreement dated December 17, 2002, contested judicial acts violate uniformity in the interpretation and applied by arbitration courts of material law, which, in accordance with paragraph 1 of Article 304 of the Arbitration Procedure Code of the Russian Federation, is the basis for them Cancels.

In terms of the claims for the recognition of the obligations of T-Oron's obligations, the right to the right of law is subject to a new consideration to the court of first instance.

With a new consideration of the case, the Court should be appreciated by these requirements, taking into account the consequences of the recognition of a cessia terminated contract of December 17, 2002.

In addition, the court should be guided by Article 51 of the Arbitration Procedure Code of the Russian Federation, by virtue of which third parties who do not declare independent claims regarding the subject of the dispute can join on the side of the plaintiff or the defendant before the adoption of a judicial act, which endes the consideration of the case in the first instance of the arbitration ships if this judicial act may affect their rights or obligations towards One of the sides. They can be attracted to participation in the case also at the request of the part or on the initiative of the court.

As shown in the decision of the court of first instance, the defendant said that three days after the conseclusion of the contested contract (20.12.2002) he concluded a contract of assignment of these apartments with an open joint-stock company "Yakut River Port", which, in his opinion, a conscientious acquirer.

In the case file, there is a review of the statement of claim from JSC Yakut River Port, which is the third person in this case, in which it reports that it in turn has moved the right of claim to the specified apartments to their employees Odinayev A.A., Skiba G. Ya., Malysheva E.B., Mkrtichyan D.F.

However, the court did not attract a participation in the case of Yakut River Port, nor the names of citizens, while the judicial act made on the case could affect their rights and obligations.

Considering the above and guided by Article 303, paragraph 2 of Part 1 of Article 305, Article 306 of the Arbitration Procedure Code of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation

decided:

decision of the Arbitration Court of the Republic of Sakha (Yakutia) dated March 16, 2006 in case No. A58-1780 / 2004 and the decision of the Federal Arbitration Court of the East Siberian District dated June 29, 2006 in the same case to cancel.

The concession contract requirement of December 17, 2002, concluded between the Closed Joint-Stock Company Yakutzhilstroy and the Limited Liability Company "PSK-NORD", to recognize dissolved.

In the rest of the case, to send a new consideration to the Arbitration Court of the Republic of Sakha (Yakutia).

Presidency

A.A.Ivanov

Sections:
;

Ministry of Health and Social Development
RUSSIAN FEDERATION

On approval of 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 due to motherhood" (meeting of the legislation of the Russian Federation, 2007, N 1 (Part I), Art. 18; 2009, N 7, Art. 781; N 30, Art. 3739) I order:

Approve the accompanying rules for calculating and confirming the insurance experience to determine the size of temporary disability benefits, pregnancy and childbirth.

Vrio Minister
V.I.staroduubov

Approved

Ministry of Health
and social development
Russian Federation
of February 6, 2007 N 91

Counting and confirmation of insurance experience
To determine the size of the time benefits
Disability, pregnancy and childbirth

I. General provisions

2. In the insurance experience turn on:
a) periods of work on the employment contract;
b) periods of state civil or municipal service;
c) periods of other activities during which a citizen was subject to compulsory social insurance in case of temporary disability and due to motherhood, including:
- periods of the individual entrepreneur, individual labor activity, work on the terms of individual or group lease, periods of individuals who are not recognized by individual entrepreneurs (engaged in private practice of notaries, private detectives, private guards, other persons engaged in the procedure established by the legislation of the Russian Federation private practice), a member of the peasant (farmer) farm, the generic, family community of the small peoples of the North until January 1, 2001 and after January 1, 2003, for which social insurance payments were paid;
- periods of activity as a lawyer until January 1, 2001, as well as periods of this activity, for which payments for social insurance, after January 1, 2003;
- periods of the member of the collective farm, a member of the production cooperative that hosts personal labor participation in his activities, until January 1, 2001, as well as periods of this work, for which payments for social insurance, after January 1, 2001;
- Periods of execution of powers by a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of replacement of state positions of the Russian Federation, state positions of the constituent entities of the Russian Federation, as well as municipal positions substituted on an ongoing basis;

Periods of activity as a clergy for which payments for social insurance are paid;
- Periods of attracting a person convicted of imprisonment to the paid work, provided that it is fulfilled by the established schedule of work, 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 experience to determine the size of temporary disability benefits, for pregnancy and childbirth

Document with changes made 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, 11/28/2018, 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, 13.02.2020, 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 due to motherhood" (meeting of the legislation of the Russian Federation, 2007, N 1 (Part 1), Article 18 ; 2009, N 7, Article 781; N 30, Article 3739) (Preamble in the editorial office entered into force from January 1, 2010 by the Order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740N

order:

Approve the accompanying rules for calculating and confirming the insurance experience to determine the size of temporary disability benefits, pregnancy and childbirth.

Vrio Minister
V.I.staroduubov

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

Counting and confirmation of insurance experience to determine the size of temporary disability benefits, pregnancy and childbirth

application

Approved
order
Ministry of Health
and social development
Russian Federation
of 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 due to motherhood" (hereinafter referred to as the Federal Law of December 29, 2006 N 255-FZ), Set the order of counting and confirming the insurance experience to determine the size of manuals for temporary disability, for pregnancy and childbirth (hereinafter - insurance experience) to citizens subject to compulsory social insurance in case of temporary disability and due to motherhood in accordance with the legislation of the Russian Federation (hereinafter - the insured Persons), including determining the documents confirming the insurance experience (the point in the wording enacted from January 1, 2010 by the Order of the Ministry of Health of Russia of September 11, 2009 N 740N.

2. In the insurance experience turn on:

a) periods of work on the employment contract;

b) periods of state civil or municipal service;

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

periods of the individual entrepreneur, individual labor activity, working on the terms of an individual or group lease, the periods of individuals who are not recognized by individual entrepreneurs (engaged in private practice of notaries, private detectives, private guards, other persons involved in the procedure established by the legislation of the Russian Federation practice), a member of the peasant (farmer) economy, a generic, family community of the 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 payments for social insurance;
(Abzatz in the editorial office entered into force from December 9, 2018 by order of the Ministry of Mint of Russia of November 9, 2018 N 692n.

periods of activity as a lawyer until January 1, 2001, as well as periods of this activity, for which payments for social insurance, after January 1, 2003;

periods of a member of a collective farm, a member of the production cooperative who hosts personal labor participation in its activities, until January 1, 2001, as well as periods of the specified work, for which payments for social insurance, after January 1, 2001;

periods of authority by a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of replacement of state positions of the Russian Federation, state positions of the constituent entities of the Russian Federation, as well as municipal positions substituted on an ongoing basis (paragraph is complemented from January 1 2010 by order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740N;

periods of activity as a clergy for which payments for social insurance are paid;

periods of attracting to paid labor faces convicted of imprisonment, subject to the fulfillment of the established schedule of work after November 1, 2001.

2_1. In the insurance experience on par with periods of work and (or) other activities, which are provided for in paragraph 2 of these Rules, the periods of military service are counted, as well as the other service provided for by the Law of the Russian Federation of February 12, 1993 No. 4468-1 "On Pension Provision who held military service, service in the internal affairs bodies, state fire service, body control bodies and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution bodies of the Russian Federation, and their families " (Vedomosti Congress of the People's Deputies of the Russian Federation and the Supreme Soviet Council of the Russian Federation, 1993, N 9, Article.328; Meeting of the legislation of the Russian Federation, 1995, N 49, Article 4693; 1996, N 1, Article 4; 1997, N 51, Article 5719; 1998, N 30, Article 3613; 1999, N 23, Article 2813; 2000, N 50, Article 4864; 2001, N 17, Article 1646; 2002, N 2, Article 129; n 10, st.965; n 22, st.2029; N 24, st.2254; N 27, st.2620; N 30, Article 3033; 2003, N 2, Article 154; N 27 (Part 1), Article 2700; 2004, N 27, Article 2711; N 35, Article.3607; 2006, N 6, Article 637; N 52, Art. 5505; 2007, N 1, Art.35; N 49, Article 6072; N 50, Article.6232; 2008, N 7, Article 543; N 19, Article 2098; N 30, st.3612; 2009, N 18, Article 2750).
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 dated April 9, 2019 N 225n by order of the Ministry of Labor of Russia dated January 14, 2020 N 15N.

3. Under social insurance payments for the purposes of these Rules are understood:

b) for the period from January 1, 1991 to December 31, 2000 - insurance premiums 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 (a single social tax, a single tax paid by organizations and individual entrepreneurs applying a simplified tax system, a single tax on imputed income for individual activities, a single agricultural tax) (subparagraph in the wording enacted from January 1, 2010 by the Order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740N;
________________
For individual entrepreneurs, paying taxes credited to the budget of the Social Insurance Fund of the Russian Federation (a single tax paid by individual entrepreneurs who apply a simplified taxation system, a single tax on imputed income for certain types of activities, a single agricultural tax), is not recognized by the payment for social insurance payments 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 the maternity paid by lawyers, individual entrepreneurs, including members of the peasant (farmer) farms, individuals who are not recognized by individual entrepreneurs, Birth, family communities of the small peoples of the North, Siberia and the Far East of the Russian Federation in accordance with (meeting of the legislation of the Russian Federation, 2003, N 1, Art. 5), and from January 1, 2010 - in accordance with.
(Subparagraph was supplemented from January 1, 2010 by the Order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740N; as amended by the Order of the Ministry of Russia from December 9, 2018 N 692N.

e) for the period January 1, 2010 until December 31, 2010 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with the motherhood paid to the Social Insurance Fund of the Russian Federation in accordance with (meeting of the 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 applying a simplified taxation system, a single tax on imputed income for certain types of activities, a single agricultural tax) (subparagraph additionally included with January 1, 2010 by order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740H);

e) for the period from January 1, 2011 to December 31, 2016 - insurance premiums for compulsory social insurance in case of temporary disability and due to the motherhood paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212 -FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Territorial Mandatory Medical Insurance Funds."
(Subparagraph is additionally included from January 1, 2010 by the Order of the Ministry of Health and Social Development of Russia of September 11, 2009 N 740N; as amended by the Order of Russia from November 15, 2016 N 650N from December 18, 2016.

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

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

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

b) insurance premiums in 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.

d) insurance premiums for compulsory social insurance in case of temporary disability and in connection with the motherhood in accordance with the Federal Law of December 31, 2002 N 190-FZ "On providing benefits on compulsory social insurance of citizens working in organizations and among individual entrepreneurs using 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 Of the Russian Federation (subparagraph in the wording enacted from January 1, 2010 by the Order of the Ministry of Health of Russia of September 11, 2009 N 740n.

e) insurance premiums for compulsory social insurance in case of temporary disability and in connection with the motherhood in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund of Mandatory Health insurance and territorial compulsory health insurance funds "For the period from January 1, 2010 to December 31, 2016, the territorial bodies of the Social Insurance Fund of the Russian Federation.
(Subparagraph in the editorial office entered into force from December 18, 2016 by the Order of the Ministry of Labor of Russia dated November 15, 2016 N 650N.

II. Documents confirming the periods of work (services, activities) included in the insurance experience

8. The main document confirming the periods of work on the employment contract, the periods of the civil or municipal service, the periods of execution of powers by 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, the periods of replacement of other state positions of the Russian Federation, state The positions of the constituent entities of the Russian Federation, as well as municipal positions substituted on a permanent basis, is the labor book of the established sample (hereinafter referred to as the Labor book) (paragraph in the editorial office, enacted from January 1, 2010, by the Order of the Ministry of Health of Russia of September 11, 2009 N 740N.

In the absence of an employment record, as well as in the case when the employment book contains incorrect and inaccurate information, or there are no records of individual periods of work, written employment contracts are made in confirmation of work periods, decorated in accordance with the labor legislation operating on the day of the emergence of relevant legal relations, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, facial accounts and wage issues.

11. Periods of the individual entrepreneur, individual labor activities, work on the conditions of individual or group leases are confirmed:

a) for the period up to January 1, 1991 - a document of financial authorities or certificates of archival institutions about paying 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 the peasant (farmer) economy for the periods before January 1, 2001 and after January 1, 2003 are confirmed by the document of 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 the generic, family community of small peoples of the North, Siberia and the Far East of the Russian Federation for the periods until January 1, 2001 and after January 1, 2003, confirmed by the document of the relevant community about the period of this activity and the document of the territorial body of the Social Insurance Fund of the Russian Federation on paying social insurance payments.
(The point in the editorial office entered into force from December 9, 2018 by order of the Ministry of Numbered from 9 November 2018 N 692N.

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

15. Periods of activity as a lawyer are confirmed for the period up to January 1, 2001 by the employment record, and 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.

16. Periods of work of a member of a collective farm, a member of the production cooperative, who accepts personal labor participation in his activities, is confirmed for the period before January 1, 2001 by the Labor Book (the Labor Book of the collective farmer), and for the period after January 1, 2001 - the Labor Book of the Kolkhoznika ) and a collective farm document, a production cooperative on paying social insurance payments.

17. Periods of activity as a clergy is confirmed by the employment record and a document of a religious organization on the payment of social insurance payments.

18. Periods of attracting a person who has been convicted of imprisonment, during which they carried out the established work schedule, after November 1, 2001, confirmed by the workbook and documents of the institution acting.

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

19_1. The periods of military service, as well as the other service provided for by the Law of the Russian Federation of February 12, 1993, N 4468-1 "On the pension provision of persons held military service, service in the internal affairs bodies, state fire service, drug control bodies and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution bodies of the Russian Federation, and their families "are confirmed by military tickets, certificates of military commissariators, military units, archival institutions, records in the employment book made on the basis of documents, and other documents containing information about the period of service.
(The item is additionally included from January 1, 2010 by the Order of the Ministry of Health of Russia dated September 11, 2009 N 740N; as amended by the Order of the Ministry of Russia from April 30, 2019 N 225n; in the editorial office, entered into action from 24 February 2020 by order of the Ministry of Labor of Russia dated January 14, 2020 N 15N.

III. The procedure for counting insurance experience

25. Recording about the work introduced into the labor book (duplicate of the Labor Book) on the basis of the decision of the Commission for the establishment of the experience taken in accordance with paragraph 34 of the Rules and Storage of Labor Books, the manufacture of Label Books and Support of Employers approved by the Government Decree of the Russian Federation dated April 16, 2003 N 225 (meeting of the legislation of the Russian Federation, 2003, N 16, Article 1539; 2004, N 8, Article.663) are considered on par with a record confirmed by documents.

Editorial Document Taking into account
changes and additions prepared

Federal Law of December 29, 2006 N 255-FZ on compulsory social insurance in case of temporary disability and due to motherhood "(Meeting of the legislation of the Russian Federation, 2007, N 1 (Part I), Art. 18; 2009, N 7 , Art. 781; N 30, Art. 3739) I order: from 09/11/2009 N 740N)

Approve the accompanying rules for calculating and confirming the insurance experience to determine the size of temporary disability benefits, pregnancy and childbirth.

Vrio Minister
V.I.staroduubov

Counting and confirmation of insurance experience to determine the size of temporary disability benefits, pregnancy and childbirth

from 11.09.2009 N 740n, Ministry of Line Us of the Russian Federation of 15.11.2016 N 650N, from 09.11.2018 N 692n, from 09.04.2019 N 225n, from 14.01.2020 N 15N)

I. General provisions

2. In the insurance experience turn on:

a) periods of work on the employment contract;

b) periods of state civil or municipal service;

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

periods of the individual entrepreneur, individual labor activity, working on the terms of an individual or group lease, the periods of individuals who are not recognized by individual entrepreneurs (engaged in private practice of notaries, private detectives, private guards, other persons involved in the procedure established by the legislation of the Russian Federation practice), a member of the peasant (farmer) economy, a generic, family community of the 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 payments for social insurance; (as amended by the Order of the Ministry of Labor of the Russian Federation of 09.11.2018 N 692n)

periods of activity as a lawyer until January 1, 2001, as well as periods of this activity, for which payments for social insurance, after January 1, 2003;

periods of a member of a collective farm, a member of the production cooperative who hosts personal labor participation in its activities, until January 1, 2001, as well as periods of the specified work, for which payments for social insurance, after January 1, 2001;

the execution periods of the Council of the Federation of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, the periods of replacement of state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, as well as municipal positions substituted on an ongoing 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 clergy for which payments for social insurance are paid;

periods of attracting a person convicted of imprisonment to the paid work, subject to the established schedule of work, after November 1, 2001.

2.1. In the insurance experience on par with periods of work and (or) of other activities, which are provided for in paragraph 2 of these Rules, the periods of military service are counted, as well as the other service provided for by the Law of the Russian Federation "on the pension provision of persons held by military service, internal authorities affairs, state fire service, control bodies for drug trafficking and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution bodies of the Russian Federation, and their families "(Vedomosti Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, N 9, Art. 328; Meeting of the legislation of the Russian Federation, 1995, N 49, Art. 4693; 1996, N 1, Art. 4; 1997, N 51, Art. 5719; 1998, N 30, Art. 3613; 1999, N 23, Art. 2813; 2000, N 50, Art. 4864; 2001, N 17, Art. 1646; 2002, N 2, Art. 129; N 10, Art. 965; N 22, Art. 2029; N 24, st . 2254; N 27, Art. 2620; N 30, Art. 3033; 2003, N 2, Art. 154; N 27 (Part I), Art. 2700; 2004, N 27, Art. 2711; N 35, Art. 3607; 2006, N 6, Art. 637; N 52, Art. 5505; 2007, N 1, Art. 35; N 49, Art. 6072; N 50, Art. 6232; 2008, N 7, Art. 543; N 19, Art. 2098; N 30, Art. 3612; 2009, N 18, Art. 2150). (as amended by the orders of the Ministry of Health and Social Development of the Russian Federation of September 11, 2009 No. 740n, Ministry of Labor of the Russian Federation dated 09.04.2019 N 225n, from 14.01.2020 N 15N)

3. Under social insurance payments for the purposes of these Rules are understood:

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

<*> For individual entrepreneurs, paying taxes credited to the budget of the Social Insurance Fund of the Russian Federation (a single tax paid by individual entrepreneurs who apply a simplified taxation system, a single tax on imputed income for certain types of activities, a single agricultural tax), is not recognized by the payment for social insurance payments 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 the maternity paid by lawyers, individual entrepreneurs, including members of the peasant (farmer) farms, individuals who are not recognized by individual entrepreneurs, childbirth, family communities of the small peoples of the North, Siberia and the Far East of the Russian Federation in accordance with the Federal Law "On providing benefits on compulsory social insurance of citizens working in organizations and in individual entrepreneurs who apply special tax regimes, and some other categories of citizens" (meeting The legislation of the Russian Federation, 2003, N 1, Art. 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, Ministry of Labor of the Russian Federation of 09.11.2018 N 692N)

e) for the period from January 1, 2010 until December 31, 2010 - insurance premiums for compulsory social insurance in case of temporary disability and in connection with the maternity paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Territorial Mandatory Medical Insurance Funds" (Meeting of the 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 who apply a simplified taxation system, a single tax on imputed income for certain types of activities, a single 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 the Federal Law of July 24, 2009 No. 212-ФЗ, similar norms of the XI Tax Code of the Tax Code should be followed.

e) 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 the motherhood paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund of Mandatory Medical Insurance and Territorial Mandatory 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, the Order of the Ministry of Labor of the Russian Federation of 15.11.2016 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 the motherhood 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 15.11.2016 N 650N)

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

a) contributions for state social insurance for the period up to January 1, 1991 - documents of financial bodies 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.

e) insurance premiums for compulsory social insurance in case of temporary disability and due to the motherhood in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund Mandatory Medical Insurance and Territorial Mandatory 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, the Order of the Ministry of Labor of the Russian Federation of 15.11.2016 N 650N)

II. Documents confirming the periods of work (services, activities) included in the insurance experience

11. Periods of the individual entrepreneur, individual labor activities, work on the conditions of individual or group leases are confirmed:

a) for the period up to January 1, 1991 - a document of financial authorities or certificates of archival institutions about paying social insurance payments;

13. Periods of activity as a member of the generic, family community of small peoples of the North, Siberia and the Far East of the Russian Federation for the periods until January 1, 2001 and after January 1, 2003, confirmed by the document of the relevant community about the period of this activity and the document of the territorial body of the Social Insurance Fund of the Russian Federation on paying social insurance payments. (as amended by the Order of the Ministry of Labor of the Russian Federation of 09.11.2018 N 692n)

16. Periods of work of a member of a collective farm, a member of the production cooperative, who accepts personal labor participation in his activities, is confirmed for the period before January 1, 2001 by the Labor Book (the Labor Book of the collective farmer), and for the period after January 1, 2001 - the Labor Book of the Kolkhoznika ) and a collective farm document, a production cooperative on paying social insurance payments.

17. Periods of activity as a clergy is confirmed by the employment record and a document of a religious organization on the payment of social insurance payments.

19.1. The periods of military service, as well as the other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons held military service, service in the internal affairs bodies, state fire service, organ control bodies funds and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the National Guard of the Russian Federation, the forced execution bodies of the Russian Federation, and their families, "confirmed by military tickets, certificates of military commissariats, military units, archival institutions, records in the employment record Based on documents and other documents containing information about the period of service.

27. In case, in the presented document on the periods of work (services, activities), only years are indicated without the designation of accurate dates, the date is taken on July 1 of the relevant year, and if the number of the month is not specified, then the 15th number of the relevant month is.

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