To court to the social insurance fund. How to sue the Social Insurance Fund. Truth in court: disputes with FSS Russia

• Statement in the Social Insurance Fund
• The statement of claim to the court to the Pension Fund
• Application in the FSS for compensation

1. I am on child care leave up to 1.5 years. The workshop is in the stages of bankruptcy, there is no money to pay benefits. I want to receive a manual for direct from the FSS, but for this you need to prove that the company does not pay any events .. What documents are needed for the statement of claim to court, so that I have shut down on the FSS? Is there such a practice?

1.1. First of all, the employee should be found at what stage is the process of recognizing the insolvency of the company. It's easy enough to do it. According to the law, the bankruptcy statement of legal entities or IP should be submitted to the arbitration court at the place of registration of entrepreneurial activities. To find out, a petition is filed or not, you need to visit the official website of the Arbitration Court. Among the information, which can be obtained in this way, the study of the circumstances will also make an indication of a judge engaged in the procedure and the date of consideration of the case. Employees must make their requirements at once, as soon as they found out that bankrupt company. The legislation does not regulate the deadlines in which they should fit, but it is better to do it earlier in order to have the right to take part in the first meeting of creditors. It is also recommended to visit the site of the Kommersant newspaper. There will be presented information not only that the bankruptcy procedure has begun on a certain organization, but also the results of its passage. Arbitration managers are reported on their activities. It is more convenient to learn information on the Inn or OGRN of the employer.

1.2. Hello, hope! From the moment of publication in the "Kommersant" newspaper information on the bankruptcy of the enterprise (this can be found from the Arbitration Manager in the Bankruptcy case, or in court or on the website of the Roseestra), you have 2 months by law so that in the same arbitration court, The name of the same judge who is working on bankruptcy, to apply on the inclusion of your claims in the register of creditors. After the end of the bankruptcy procedure, you already, on the basis of the court decision, you will solve the issue with FSS.

2. Filize how to make a statement of claim? I need to confirm the fact of the impossibility of establishing the location of the employer (court decision), as well as the court decision confirming the existence of labor relations with the employer for the period insurance case.
I am in maternity leave From March 2015 and the manual did not receive more than once, it is still employed in this organization, but the Foundation social insurance asks these court decisions, so that I could receive a manual through the FSS.

2.1. Correctly compile - in accordance with the norms of articles 131-133 Code of Civil Procedure of the Russian Federation.
And how to describe everything logically, so that the judge understands it / understood is another question.
Or look for samples of similar lawsuits on the Internet and rebuild it to yourself, or order the manufacture of a lawyer's lawyer for a fee, Art. 779 of the Civil Code.

3. What is the form of a statement of claim to court on the FSS on the failure to provide a voucher to the sanatorium-resort treatment with disabilities for the vision of 1 group and who can write such a statement for the disabled person?

3.1. You can contact the prosecutor's office. They have the right to apply to protect the interests of certain categories of citizens.
Civil Procedure Code Russian Federation. Article 46. Appeal to court in defense of the rights, freedoms and legitimate interests of other persons

TO RUBRICKKA TABIA WEK chapter 4
1. In cases provided by law, public authorities, organs local governmentsOrganizations or citizens have the right to apply to the court with a statement in defense of the rights, freedoms and legitimate interests of other persons at their request or in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons. An application for the protection of the legitimate interests of an incapable or minor citizen in these cases may be filed regardless of the request of the interested person or its legal representative.
2. Persons submitted to protecting the legitimate interests of other persons enjoy all procedural rights and carry all the procedural responsibilities of the plaintiff, with the exception of the right to conclude a settlement agreement and the obligation to pay court costs. In the event of a refusal of bodies, organizations or citizens to maintain the requirement stated by them in the interests of another person, as well as the refusal of the claimant, the procedural consequences provided for by part of the second article 45 of this Code occur.

4. Submitted an application for establishing the fact of finding the dependence of my deceased husband. I am the applicant, the FSS of the Russian Federation - an interested person in my statement.
The court established: that this statement discusses the right to receive a pension due to the death of the breadwinner.
Determined: 1. Leave without consideration 2. Explain the need to form a claim with the requirement of Art. 131. And 132.
What does it mean?

4.1. Hello! Private the definition for definition. This is not a statement of claim, but a statement of establishing a fact of legal importance. Art. 131,132 gpk here not and

5.1. The court at the location of the Foundation, the forms of such a claim does not exist, very individually and by considerable violations.

6. Lee is subject to state. The statement of the claim to the court on the FSS for not the provision of a voucher to the sanatorium-resort treatment with disabilities 2 gr. (75 years)

6.1. The disabled people of the second and first group are exempt from the payment of state duty when contacting the court

7. We are YUR Person did not submit to FSS confirmation of the main type of activity and received a notice by mail about granting us for the entire 2015 tariff of 4.5% (production) These are the most large tariffs declared by us during registration. The company is trading and does not produce and does not plan.
We want to go to court and appeal the decision of the FSS.
How to competently prepare the statement of claim? Thank you.

7.1. Prepare the statement of claim and its position follows from the Foundation's arguments corresponding to the norms of the law and your actions (inactions).
The general rule - the decision of the Foundation should contradict the law and violate the rights of JUR.
In accordance with Part 1 of Art. 198 APC RF citizens, organizations and other persons have the right to apply to the Arbitration Court with a statement about the invalidation of non-valid legal acts, illegal decisions and actions (inaction) of bodies carrying out public authority, officialsif it is believed that the contested abnormative legal act, the solution and action (inaction) do not comply with the law or other regulatory legal act and violate their rights and legitimate interests in the field of entrepreneurial and other economic activity, illegally impose any obligations on them, create other obstacles to the implementation of entrepreneurial and other economic activities.
If the court will be established that the contested decision violates the rights of society and contradicts the law, the court will take your direction.

If you find it difficult to formulate a question - call a toll-free multichannel phone 8 800 505-91-11 , lawyer will help you

A team of pilots and flight guards of a large airline turned to the Moscow branch of the Center for Medical Law. All of them, the social insurance fund denied payments on the occurrence of insurance cases - development professional diseases (neurosensory hearing loss), resulting in the loss of professional working capacity.

The ingenuity of officials this time was rather original: using the right to conduct examinations of insurance claims, the foundation, according to the results of expertise, recognized insurance cases - non-perscompass (!).

But the fact is that there is no such right at the Fund:

According to the provisions of Art. 7 of the Law "On the Fundamentals of Mandatory Social Insurance", the very fact of the professional disease is an insured event.
The FSS is also entitled, upon the occurrence of the insured event, to appoint and conduct an examination to verify the onset of the insured event, to appeal to the court with claims to protect their rights. At the same time, the Fund is not endowed with the authority to establish communication with the profession and the right to recognize the case of a professional disease by insurance or non-insurance.
Based on the legal meaning of Art. 13 and 18 of the law "On compulsory social insurance against industrial accidents and occupational diseases", the insurer is endowed with only the authority to send the insured to the establishment of medical and social expertise to examine, re-release (including early), participate in the investigation of insurance claims, Examining, re-evaluating the insured in the institution of medical and social expertise and the definition of its needs in social, medical and professional rehabilitation, as well as to appeal the conclusion of the institution of medical and social expertise to court.

Thus, based on the existing legal norms, Recognize a non-breakage case of a professional disease, which has led by the loss of professional working capacity, is possible only after the cancellation of the establishment of the establishment of trade problems on the relationship of the disease with the profession and the decision of the institution of medical and social expertise on the establishment of a citizen of the degree of loss of professional disability due to a professional disease.

The social security fund of the foregoing has not taken into account.

With the help of the Moscow branch of the Center for Medical Law, absolutely all claims were satisfied with the court. In all cases, the court ordered the FSS of the Russian Federation to recognize carelessly with insurance cases and appoint insurance provision to all of the plaintiffs.
Definitions of the Moscow City Court, all court decisions have entered into legal force.

Arbitration court of the Voronezh region

Name of the Russian Federation

DECISION

voronezh Case number A14-2587 / 2016

Arbitration court of the Voronezh region as part of Judge Kozlov V.A.

when conducting a trial of the court session by the secretary of the court session Yermolova N.Yu.,

examined in open court case on the application

open Joint Stock Company Russian Railways represented by the Voronezh Directorate of the Central Communications Station - branch of Russian Railways (OGRN 1037739877295, Inn 7708503727), Moscow,

to branch No. 1 of the State Institution - Voronezh Regional Office of the Social Insurance Fund of the Russian Federation (OGRN 1023601551071, TIN 3666016915), Voronezh,

about recognizing illegal decision in part

with participation in the meeting:

from the applicant: Brustentsova I.S., a representative of a power of attorney, permissions from 09.06.2015,

from the defendant: Gold Oksana Ivanovna - consultant of the legal department by proxy of 29.10.2015 No. 1 (for a period of 3 years),

s T A N O V I L:

open joint-stock company "Russian Railways" in the person of the Voronezh Directorate of the Communications Central Communications Station - branch of Russian Railways (hereinafter referred to as Russian Railways, the applicant in the case) appealed to the Arbitration Court of the Voronezh Region with a statement to branch No. 1 of the State Institution - Voronezh Regional Department of the Social Insurance Fund of the Russian Federation (Branch #1) (hereinafter referred to as the text - State University of FSS of the Russian Federation, the defendant in the case) on recognition of illegal decision of 11.11.2015 No. 1083.

The determination of 10.03.2015 these requirements adopted by the Arbitration Court of the Voronezh region to production, the case was considered in the order of simplified production. Definition of 03/31/2016 case is considered by general rules of the claim, taking into account the features provided for in Ch.22, 24 APC RF.

At the hearing, the applicant clarified the name of the defendant. Taking into account the stated clarification, the proper defendant is the state institution - the Voronezh Regional Office of the Social Insurance Fund of the Russian Federation.

At the court hearing the applicant in accordance with Art. Specified the stated requirements and asks to recognize the decision of the State Institution - the Voronezh Regional Office of the Social Insurance Fund of the Russian Federation of November 11, 2015 No. 1083 in part:

1) Daughters of insurance premiums, penalties, a fine on the amount of partial compensation for the cost of sanatorium-resort vouchers Treatment of employees in the amount of 12,852 rubles 64 kopecks, including:

– insurance contributions - 10 629 rubles 65 kopecks,

- penalties - 98 rubles 6 kopecks,

- Penalty - 2125 rubles 93 kopecks;

2) Additional insurance premiums, penalties, a fine on the amount of partial compensation to employees of the costs of physical culture in the amount of 1272 rubles 71 kopecks, including:

- insurance premiums - 1052 rubles 33 kopecks,

- penalties - 9 rubles 91 kopeck,

- Fine - 210 rubles 47 kopecks.

The defendant does not object to clarify the requirements.

The court determined - to adopt the claimed refinement.

The applicant's representative supported the refined requirements on the grounds declared in the submitted statement.

The State University of Economics objects to the satisfaction of the stated requirements, referring to the legality and validity of the disputed decision, on the grounds set out in the response presented.

At the hearing, 05/17/2016 in the order of the article was announced a break until 05/23/2016 (including weekend).

By examining the evidence, having heard the explanations of the parties, the court established.

Russian Railways is registered as a legal entity and is registered with the Social Insurance Fund of the Russian Federation for the Registration Number 7738014001.

GU VRO FSS RF (branch number 1) was carried out documentary exit Check The policyholder for the period from 01/01/2012 to 12/31/2014 on the correctness of the calculation, completeness and timeliness of payment (transfer) of insurance premiums for compulsory social insurance on compulsory social insurance against industrial accidents and occupational diseases, the results of which are reflected in the act of 25.09. 2015 № 1083.

Having considered the acts of the departure documentary and the materials attached to them, as well as the objections of Russian Railways, the State University of the Russian Federation (branch No. 1) issued a decision of 11.11.2015 No. 1083, which Russian Railways was held accountable as provided for in 1 . Art Federal Law "On compulsory social insurance against accidents at work and occupational diseases" No. 125-FZ in the form of a fine of 2357 rubles. 53 kopecks. The specified decision the applicant was invited to pay the amount of the fine, as well as arreed in insurance premiums for compulsory social insurance against industrial accidents and occupational diseases in the amount of 11787 rubles. 65 kopecks And accrued penalties in the amount of 233 rubles. 56 kopecks.

Disagreeing with the challenged decision, believing that his submission to the disputed part was violated the rights and legitimate interests of Russian Railways in the field of entrepreneurship, the latter appealed to the Arbitration Court with these requirements.

In justifying the stated requirements of JSC Russian Railways, it indicates that the control body unreasonably decisled the amount of insurance premiums, since compensation for the costs of physical education, as well as the acquisition of sanatorium vouchers for employees of the Company is not a reward for fulfilling the latest labor functions, and is social A guarantee of workers stipulated by the collective agreement does not depend on the quality of employee execution of labor functions, does not carry a stimulating nature.

The State University of Economics of the Russian Federation, objects to the satisfaction of the stated requirements, indicates that controversial payments are subject to inclusion in the taxable base when calculating insurance premiums, since payment of the cost of practicing physical culture and vouchers is related to the execution of labor functions. In addition, according to the defendant, sanatorium-resort treatment includes both medical care and accommodation in a sanatorium-resort institution. The defendant believes that the collective insurer agreement provides compensation exclusively medical care. Accordingly, the respondent believes this circumstance is an additional basis for the inclusion of the cost of living in a sanatorium-resort establishment to the base for the calculation of insurance premiums.

The challenge of JSC "Russian Railways" was adopted by GU VRO FSS of the Russian Federation 11.11.2015. The applicant's appeal to the Arbitration Court of the Voronezh Region, with the requirement of recognition of its invalid followed within established period Taking into account the provisions of the article section III. Production in the arbitration court of first instance on cases arising from administrative and other public legal relations\u003e Chapter 24. Consideration of cases of challenging the abnormative legal acts, decisions and actions (inaction) government agencies, local governments, other bodies, organizations entrusted to the federal law by individual public or other public authority, officials\u003e Article 198. The right to appeal to the Arbitration Court with a statement on the recognition of abnormative legal acts invalid, decisions and action (inaction) illegal "Target \u003d "_ blank"\u003e 198 APC RF.

To recognize invalid acts and illegal actions (inactions), it is necessary to simultaneously implement the section III specified in Article. Production in the arbitration court of first instance on cases arising from administrative and other public relations\u003e Chapter 24. Consideration of cases of challenging of non-normative legal acts, decisions and actions (inaction) of state bodies, local governments, other bodies, organizations denied by federal law State or other public powers, officials\u003e Article 198. The right to appeal to the arbitration court with a statement about the recognition of non-normative legal acts invalid, decisions and actions (inaction) illegal "target \u003d" _ blank "\u003e 198 APC of the Russian Federation conditions: the discrepancy between their law or Other regulatory legal acts and violation of the rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activity.

Judicial practice on:

Arbitrage practice Using the norms of Art. 56, 57, 58, 59 TK RF

Judicial practice for the application of the norms of Art. 135, 136, 137 TK RF

• According to Part 4 of Art. 13 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and due to the motherhood" to the insured persons in the event of termination of the activities by the Insured on the day of circulation of the insured person for maternity benefits, monthly benefit For child care, the appointment and payment of these benefits are carried out by the territorial authority of the Insurer. Consequently, if you learned that your employer officially stopped the activity, i.e. liquidated and such a record is present in a single state registry legal entities, then you have the right to contact the territorial body of the Social Insurance Fund with a statement about the appointment and payment of benefits. The procedure for filing such a statement was established in the order of the Ministry of Health and Social Development of the Russian Federation of 05.12.2011 N 1472n "On approval of the administrative regulations for the provision of the Social Insurance Foundation of the Russian Federation state services For the purpose and payment of maternity benefits in case of termination of activities by the Insured on the day of circulation of the insured person for maternity benefits or in case of the impossibility of its payment by the Insured due to the insufficiency of funds on his account in the credit institution and the application of the Cash Writing Property from account provided Civil Code Of the Russian Federation "and the order of the Ministry of Health and Social Development of the Russian Federation of 21.02.2012 N 145n" On approval of the administrative regulations for the Social Insurance Fund of the Russian Federation of the State Service for the appointment and payment of a monthly child care allowance in case of termination of the activities by the insured for the day of circulation of the insured person for a monthly allowance for Care for a child either in case of the impossibility of its payment by the insured due to the insufficiency of funds in his account in the credit institution and the application of the priority of the write-off of funds from the account provided for by the Civil Code of the Russian Federation. "

Read more about the procedural features of the appeal

• According to Part 4 of Art. 13 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and due to the maternity" to the insured persons in the absence of the possibility of paying benefits by the Insured due to the failure of funds on his accounts in credit organizations and applying a sequence of debiting money from the account provided for by the Civil Code of the Russian Federation the appointment and payment of maternity benefits and child care benefits are carried out by the territorial authority of the Insurer. Consequently, if the FSS refuses to fulfill its duty, you can go to court.

If you received information about the availability of funds on the employer's account, you can contact the court directly to the Fund. However, it is unlikely that the bank will provide you with such information or the fund will independently request information from the bank. Therefore, you know the bank accounts of the employer, you can contact the territorial body in order to save time it is necessary to present claims at the same time and to the Regional Office of the FSS of the Russian Federation, and to the employer, that is, to specify them in a lawsuit as appropriate. It is also necessary to apply for information request from the registering authority (FTS) on the existing accounts of the employer in credit institutions and information from the bank on the status of the employer's accounts. If the account is debt, you will have a documentary confirmation of the reason to obtain a manual directly from the Fund, and the court will have to satisfy your fund requirements.

• According to Part 4 of Art. 13 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and due to the maternity" to the insured persons in the absence of the possibility of establishing the location of the insured and its property, which may be recovery, in the presence of the introduced The legal force of the court decision to establish the fact of non-payment by such a policyholder to the Insured person, the appointment and payment of benefits is carried out by the territorial authority of the Insurer.

Consequently, you need to go to court with lawsuit To the employer about the payment of benefits (see "The statement of claim for the employer"). After that, to obtain a resolution on the impossibility of executing a decision from bailiffs. Based on the unfulfilled decision and decree on termination executive proceedings The fund is obliged to pay you a manual. If the Foundation refuses to do this, it will be necessary to sue the Foundation.

Read more about the procedural features of the appeal

I wanted to know the opinion, the situation is:
1. A branch of the XXXXXHC Regional Office of the Social Insurance Fund of the Russian Federation (hereinafter - the plaintiff) appealed to the court with a claim in the interests of the Russian Federation to XXXXXX.H.x., In which he requested to recover from the defendant in favor of the Russian Federation in the face of the plaintiff material damage in the amount of 4 250 056 rubles 76 kopecks and state duty. In justifying the requirements, it is indicated that xxxxxxx .x. Made an accident, the culprit of which he was recognized in which employees of CJSC "XX" were killed, returning from the working object home. The responsibility of the employer CJSC "XX" for causing harmfulness of life and health care workers is insured at mandatory in the FSS of the Russian Federation, and in this connection the plaintiff currently carried out and carries out injured insurance payments.
CJSC "XX" as an organization operating on the territory of the Russian Federation and hiring citizens of the Russian Federation is an insurer in accordance with the Federal Law of July 24, 1998 No. 125-FZ "On compulsory social insurance against accidents at work and occupational diseases". Employees of CJSC "XX" in the accident by paradise. 1 p. 1 Art. 5 of the above law is subject to compulsory social insurance against industrial accidents and occupational diseases.
The fact that victims as workers CJSC "XX" were insured by their employer under the obligatory social insurance contract against industrial accidents and occupational diseases, the parties were not challenged.
By virtue of PP. 2 p. 1 Art. 8 FZ dated 07.24.1998 No. 125-FZ "On compulsory social insurance against accidents in the production and occupational diseases", insurance for insurance is carried out in the form of insurance payments: a one-time insurance payment to the insured or persons entitled to receive such a payment in the event of his death ; Monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death.
Deciding on the satisfaction of the claims, the court was guided by paragraph 1 of Art. 1081.Civil Code and PP. 8 p. 1 Art. 11 of the Federal Law of July 16, 1999 No. 165-FZ "On the Fundamentals of Mandatory Social Insurance" and proceeded from the fact that the obligations to pay the amounts appointed to the compensation of harm caused by the health of the victim are made by the Insurer of the FSS of the Russian Federation, which in turn, the right Regressed Requirements for the direct injury injury - in this case to xxxxx.x. In order to reimburse the costs of the Social Insurance Fund of the Russian Federation for the Social Security of the victims.
But, such a conclusion of the court is possible is erroneous because it is based on the wrong interpretation of the norms of financial law.
Indeed, in accordance with PP. 8 p. 1 Art. 11 of the Federal Law of July 16, 1999 No. 165-ФЗ "On the Basics of Mandatory Social Insurance" Insurer (FSS of the Russian Federation) has the right to seek a lawsuit with claims for the protection of its rights and compensation for harm caused, including to make regressive claims for reimbursement of incurred costs, And by virtue of Art. 1081 of the Civil Code of the Russian Federation, a person who has been harmful caused by another person has the right to reverse demand (regression) to this person in the amount of reimbursement paid, unless otherwise established by law.
Based on the provisions of Art. 17 of the Federal Law of July 16, 1999 No. 165-FZ "On the basics of compulsory social insurance" "The source of funds of funds in the budgets of specific types of compulsory social insurance are cashreimbursed by insurers as a result of regressive requirements ...