Federal Law 138 “On state support for large families”

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Thus, they stipulate that state cadastral registration in relation to real estate objects of the Federal Housing Development Assistance Fund can also be carried out by a state budgetary institution subordinate to the federal executive body (authorized to carry out state cadastral registration and maintain the state real estate cadastre). The basis is the decision of the latter.

How is a large family determined in the Russian Federation?

There is no specific definition of the concept of large families in Russian legislation. If we turn to legal practice, families with more than three minor children will fall into this category:

• born,
• adopted;
• taken into custody.

The number of children for whom parents have rights is taken into account.

Federal law on the status of large families

The document is discussed at various legal levels and exists in the form of a bill. The law implements the main aspects of the sphere of large families, enshrined in the Constitution, the above Presidential Decree, the Family and Civil Codes and other acts of government bodies. The goal of the work being carried out will be to create a single act regulating legal relations related to large groups of society and their provision.

Current laws for large families are provided for by the authorities of the constituent entities of the Russian Federation. The status of a family with many children is confirmed by the presence of a certificate, which is issued upon presentation by the parent (adoptive parent) of the supporting documents to the Social Security Administration at the place of residence:

• statement;
• passports of both parents, in the absence of registration, which additionally require documents confirming the place of residence;
• birth certificates of children and documents on their registration;
• photo of parents in 3 x 4 format;
• a certificate of adoption is additionally provided by the adoptive parent.

Protection and social support for large families under Federal Law 138 and Decree 431

Protection of parents with many children is carried out both at the federal and regional levels. The guarantees and concepts provided in the field of payments, the allocation of various benefits and other state support are among the primary goals of the state.

Large family: definition by law

There is no clear definition of a large family in the laws of the Russian Federation, but if we summarize law enforcement practice, we can conclude that a family with three or more children is considered large in Russia.

It does not matter whether such children are born into the family, taken into custody or adopted.

It must be taken into account that if a family is deprived of parental rights to at least one of three children, it can no longer be recognized as having many children.

Federal law on the status of large families

The procedure for recognizing a large family has already been discussed above. Particular attention should be paid to the Federal Law on the status of large families.

Such a law does not actually exist , but there is considerable debate in legal circles about its adoption.

The draft law is aimed at implementing the most important principles enshrined both in the constitution of the Russian Federation and in other legislative acts. Some experts note that the law will largely reflect the presidential decree, which was already mentioned earlier.

After this regulatory legal act comes into force, it will be necessary to make changes to many other legislative acts already in force in the Russian Federation. That is why extensive work is being done in this area.

138 federal law on large families, summary

Federal Law No. 138 in the field of supporting young families is aimed at providing such families with land plots. According to the law, this measure of state support is implemented separately in each region. Requirements regarding the size of land plots and their equipment must be met.

Depending on the number of children in the family, different sizes of plots are provided. Today it is from six to fifteen hundred square meters. Special requirements apply to the location.

Thus, the site must be either within the city limits, or located outside it, but in the same region or another subject of the federation. To obtain a free plot of land in the Russian Federation in accordance with the terms of the law, a citizen must collect and provide documents confirming benefits, large families, the right to provide this kind of support, etc.

431 presidential decree on social support for large families

A decree of the President of the Russian Federation in 1992 aimed at state social support for mothers and assistance in family matters. Today, current President Putin is adopting a lot of documents in this area. The decree obliges the government of Moscow and other regions to take the following targeted actions:

1. Establish benefits in the field of payment for housing and communal services.
2. Ensure the right to receive medications and other types of social assistance.
3. Ensure the right to admit children from large families out of turn to educational institutions at various levels.
4. Provide free food and free medical care, etc.

The decree consists of paragraphs and subparagraphs, each of which contains separate orders.

At the same time, the government of the Russian Federation is obliged to issue resolutions in the field of implementation of this decree, as well as to monitor and supervise regional governments for the implementation of the goals of the presidential decree. The Decree does not deprive regions and municipalities of the right, within their competence, to issue individual legal acts aimed at supporting and protecting families with many children.

Download Presidential Decree No. 431.

Assistance program

The state program and policy in the field of protection of large families is a set of measures aimed at providing certain benefits and concessions. In 2021, the following aspects can be highlighted:

• free education for children;
• provision of land;
• provision of subsidies and other types of payments;
• free meals in schools;
• provision of housing;
• free school uniform;
• municipal assistance in business development for parents;
• assistance in obtaining targeted credit assistance;
• provision of vouchers to sanatorium-resort institutions;
• receiving free medicines;
• obtaining the right to visit cultural events and museums;
• assistance in finding employment for parents, etc.

In the regions of the Russian Federation, in addition to state programs, regional ones can also be implemented. As a rule, they are aimed at supporting families with more than three children.

For example, in the Tula region, families with five children, each of whom has not yet reached the age of majority, are entitled to early retirement, without reaching retirement age (a pension of this kind is provided to mothers).

Click to enlarge the infographic.

Social support, what benefits are provided to large families in the Russian Federation

The list of benefits has already been discussed earlier. It is worth noting that benefits include in-kind provision (for example, land plots), payment of cash as benefits, transport benefits, early retirement, orders and medals, etc.

The most important condition for receiving one or another benefit is that the family has the status of having many children. This is confirmed by issuing a special certificate.

It can be obtained from the social protection authorities operating in the regions. To do this, the family needs to come there and provide a package of documents, which includes the parents’ passports, as well as the children’s birth certificates. In the absence of such a document, a large family cannot count on receiving one or another measure of support.

Federal law on the provision of land plots to large families

There is no separate federal law on this issue. The most important provisions within these legal relations are contained in Law 138, which was discussed earlier.

It is indicated that families with three or more children can count on receiving land at the federal level. This can be both land intended for individual housing construction and land intended for horticultural or gardening activities.

Of course, the land must be used for its intended purpose. For example, let’s take land provided for individual housing construction. The Land Code allows exactly one year for construction to take place.

It is not necessary to build the entire house; it is enough to lay the foundation. In a situation where the necessary actions have not been taken within a year, the state or municipality has the right to seize such a plot of land.

Federal law on benefits for large families

There is no separate regulatory legal act on this issue. The benefits that exist for large families today are enshrined in a decree of President Yeltsin, as well as in regional legal documents. For example, this is “On social support for families with children in Moscow.”

Federal laws provide only a starting point for regions and municipalities. They, in turn, develop and implement various programs to protect motherhood, paternity and childhood.

The procedure for providing benefits to large families

Any benefits can be provided to families with many children only if they submit the required list of documents. In general, the procedure for receiving benefits is as follows:

1. Selecting a specific benefit or benefits.
2. Appeal to a subordinate government agency.
3. Collection and provision of the necessary list of documents (this includes a certificate for a large family, etc.).
4. Receiving one or another state or municipal service.

Today, you can apply for benefits at multifunctional centers operating throughout the Russian Federation.

Kindergarten for large families in 2021

As for kindergartens, they are free for large families.

Another advantage is that children from such families can get into kindergarten without waiting in line. This was expressly established by a 1992 presidential decree.

Early retirement of a mother of many children, law on pensions for mothers of many children

Early retirement is secured by the above-mentioned decree of the President of the Russian Federation. Thus, women with five children have the right to receive pension payments from the age of only fifty years.

Changes and amendments to Law 138

Changes in the current version of the law affected article two, or more precisely, the second and third paragraphs. Now they are completely excluded. Previously, it contained information that large families could receive land for free, without queuing and without holding auctions.

Download federal law on large families 138 latest edition

You can download the federal law in the new latest edition with amendments and additions and the text as amended here. ⇐

Thus, there is no single law on the status of large families. There are separate regulatory legal acts in the field of benefits, land issuance and other support measures. This includes early retirement, targeted implementation of preferential enrollment in educational institutions, etc. Strengthening provisions for the protection of large families can be seen in 2021.

Source: https://rusfz.ru/zakon-o-mnogodetnyh-semyah-lgoty-sotsialnaya-podderzhka-i-zashhita

Large family from the point of view of current legislation

A large family is always a family that raises a larger number of children than is statistically established in a given region as the average number of children in a family. From the point of view of current legislation, a specific definition for a large family has not been established today. It is for this reason and to interpret the status of such a family that one has to turn to a large number of regulations in force on the territory of the Russian Federation.

Every

region

, depending on the level of the demographic situation in it, establishes a list of basic parameters by which to determine whether a particular family is large or not.

So, for example, in the Moscow region, a family that raises three or more children is recognized as having many children, regardless of whether such children were born in this family or were adopted with all the relevant documents. For the republics of the North Caucasus, where the demographic situation is an order of magnitude better than in the Central Federal District, a typical situation is where there are three or four children in a family. For these regions, a large family is a family with at least five children, also regardless of whether these children are born in this family or adopted.

Thus, a large family is always a family in which the number of children being raised exceeds the established average value.

How to get help

First, parents must obtain a certificate confirming they have many children. The document is drawn up at the social service at the place of residence. You need to take with you a package of documents justifying your request:

• Application for status. Employees of the social security department will help with the preparation.
• Applicant's identity card.
• Children's metrics.
• Extract from the house register.
• Photo (3*4) of the parent submitting documents.
• Certificate of registration and/or dissolution of marriage.

If a child is studying or drafted into the army, then the moment is confirmed by a certificate from the military registration and enlistment office or educational institution. The validity period of the issued certificate varies depending on the region of residence of the family. If you move, you will have to go through the procedure again.

After confirmation of status, the parent will need to appear at the authority providing the benefit. Usually we are talking about the tax service, social security authority, pension fund or educational institution. You can apply for several preferences at once at the multifunctional service center.

Large families living in Russia are protected by Presidential Decree 431 and Federal laws. Additional preferences are provided by local authorities. To apply for the benefits you are due, you will need to collect a package of documents, confirm that you have many children, and contact the required authority or institution.

What should large families expect in 2021 at the federal level

Based on Presidential Decree No. 431, assistance from the state to large families in 2021 will be provided in the following areas:

• benefits for food in educational institutions;
• doctors' services;
• taxation;
• land relations;
• assistance during employment;
• obtaining education for both children and their parents;
• housing and communal services;
• assistance in running a dacha or farm;
• transport services.

To get benefits, a large family can contact the following authorities:

• Pension Fund of Russia;
• community support department in your area;
• MFC.

To apply for benefits, it is important to obtain a certificate of the status of a large family from the Office of Social Support. With this and other documents, you must contact any of the authorities listed above and write an application. The appeal is studied within 30 days.

Pension and labor benefits for large families in 2021

By going to work and drawing up an employment contract, a mother or father of many children can receive the following benefits:

1. Early retirement of the mother under the following conditions:
   work experience from 15 years;
2. age 56 years, if there are 4 children in the family;
3. age 57 years, if there are 3 children in the family.
4. Unpaid additional leave for two weeks, which, if desired, can be combined with the main one. An important condition is at least 3 minor children in the family.
5. If there are 40 working hours in a week, you can get one auxiliary paid day off.
6. 3a for each newborn - receiving additional pension points on leave to care for a child up to 1.5 years old. These points increase the size of the basic pension (every working year is assessed by pension points, on which the pension in the future depends). The sum of periods of maternity leave should not exceed six years.

Providing employment support for the population - home or temporary vacancies are considered.

In order for social support for large families to be realized and labor benefits to begin to be paid, it is necessary to write an appeal, providing the following documents:

• passport or other identification document of father, mother and children;
• a statement with information confirming the number of people in the family from the passport office;
• a salary certificate for each parent from the tax service;
• TIN for children;
• photographs of all adults and children over 6 years old.

What benefits are available to large families in 2021?

In addition to the privileges of work, a woman raising several children has the right to a secure pension. To receive an early pension, a woman can:

give birth to five children and raise them until they are 8 years old;

give birth to two children, work in the Far North and increase work experience by 5 years.

Help! In October 2021, a law was passed giving parents with 3 or more children under 12 years of age the right to choose their vacation time first in line.

Additional property tax deduction

General terms and Conditions. If parents with many children own an apartment, room or house, the state will charge them property tax. It is paid by notification every year before December 1st.

All owners of residential real estate are entitled to deductions by default: the tax is not charged on the entire area of ​​the apartment, but only on a part. For example, the tax deduction for a house is 50 m². This means that the owner of a house with an area of ​​80 m² will pay tax on only 30.

Such deductions are given to everyone - this is not a benefit. You don’t even need to write an application: the tax office itself deducts the required area and sends a notification with reduced charges.

Property tax deductions for everyone

Room or part of an apartment

In April 2021, a law on additional benefits specifically for large families came into force. In addition to the general property tax deduction, they are entitled to an additional deduction, taking into account the number of children. This is also called a deduction, although, unlike the general one, you need to apply for it, like for tax benefits.

How can parents get money from the state?

We'll tell you in the free newsletter “Glass of Water”: once a week we send a letter about the financial side of parenthood

The property tax deduction for families with many children works retroactively - from 2021. That is, for those accruals that now come in notifications for last year, it should already be taken into account. And if you haven’t taken it into account, you should submit an application to have the tax recalculated.

Additional deductions for families with many children

How much will be subtracted from the total area

7 m² for each child

Apartment, room or part of an apartment

How much will be subtracted from the total area

5 m² for each child

For example, a mother with many children owns a house with an area of ​​70 m². Previously, she was charged property tax on 20 m². Taking into account the additional tax deduction for 2021, there will be no tax at all, because the area of ​​the house will be reduced by 71 m². As a result of calculating the taxable area of ​​the house, a negative value will be obtained, that is, the tax base will become equal to zero.

70 − 50 − 7 × 3 = 0

Tax notices for 2021 are already arriving by mail or in the taxpayer’s personal account. Families with many children need to check whether there are additional deductions. If not, there is still time to report your eligibility.

How to get a. Submit an application to the tax office. The easiest way to do this is through your personal account: there is a special form there, everything will take five minutes. If the notification has already arrived and the benefit has not been taken into account, send an error message through the special Federal Tax Service service.

The application form is located in the “Life Situations” section

Providing large families with land plots

From the beginning of 2021, large families have the right to unite in public organizations. As a rule, the corresponding associations are formed on a territorial basis. The purpose of these communities is to ensure better protection of their interests before members of the Government. Indeed, despite the large number of rights of large families, most of them remain unrealized. In particular, this concerns the provision of housing. The Government of the Russian Federation explains this by the fact that the needs of the population in terms of living space exceed the financial capabilities of the country's regions.

Conditions for granting land

Back in 2021, special law No. 138 was signed by Medvedev, on the basis of which every large family has the right to receive land completely free of charge, which can be used for various purposes. It is even permissible to build a private house on such a plot, intended for permanent residence of a family. Land for large families is assigned not only to two-parent families, since even single fathers and mothers raising more than 2 children have the right to a plot. It does not matter whether the children are natural or adopted.

In all social and economic parameters, such families are very different in the level of risk and poverty from families with one and two children. As statistics show, 60% of large families are classified as poor, primarily due to housing issues and a number of other problems: almost half of large families have problems purchasing seasonal clothing and shoes for children; many families, if necessary, do not have the opportunity to purchase medications prescribed by a doctor; almost 25% of all large families limit themselves to purchasing food; a quarter of children from large families have only incomplete secondary education, since they need to work to provide for the younger members of their family; the main problem of 80% of all large families is solving the housing issue.

Who is not eligible for registration?

If a family is raising at least 3 children, and none of them are under 18 years old, parents should contact the Pension Fund, MFC, department of social development, or any body dealing with the problems of socially vulnerable citizens. Parents should pay attention to the fact that not everyone is given ID cards.

These include:

• citizens deprived of parental rights;
• mother or father with limited rights;
• guardianship was granted by other persons;
• children were transferred for upbringing and maintenance to orphanages and shelters;
• children who were emancipated before the age of 18 registered their marriage;
• family members violating laws, punished by imprisonment;
• adoption and guardianship were canceled by a court order;
• deaths.

The level of benefits, age restrictions, all issues and problems of large families are decided by the regional authorities.

Description of the law

This Federal Law establishes a targeted and targeted system of economic, social and legal guarantees for large families, which provides state support for family, motherhood, paternity and childhood guaranteed by the Constitution of the Russian Federation in order to improve the demographic situation in the Russian Federation.

Federal law on measures to support large families of 2021: official text

To receive any of these benefits, large families need to contact the relevant department dealing with social security. A written request is provided, as well as the following documents confirming the legal status:

May 19, 2021 uristgd 89

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Federal law on measures to support large families of 2019: official text

Decree No. 431 of the head of state is considered the main document that gives citizens confidence in the future of their children. It has been in effect since 1992 and reflects all possible benefits for parents with many children:

• reduction in fees for housing and communal services by 30% or more;
• receiving medications for children under 6 years of age free of charge or at a 50% discount;
• travel on public transport without payment;
• priority right to admit children to preschool education institutions;
• preferential meals in educational institutions;
• visiting museums, exhibitions and cultural parks once a month without payment;
• receiving assistance in organizing business activities, obtaining land for it, land tax benefits;
• obtaining plots for a garden;
• preferential lending.

When forming employment programs in the context of the main directions of the regional economy, the financial situation of parents of large families, their need for employment and vocational training are taken into account.

Allocation of housing

Housing benefits are provided by regional authorities. Their provision is monitored for compliance with the highest legislative acts. Large groups of society have the right to receive housing first of all, subject to a number of conditions:

• lack of own housing or discrepancy between its area in terms of each family member and the permissible value (required to be registered with local authorities);
• low-income status;

• over the previous 5 years, living conditions have not deteriorated (for example, the registration of a relative, which resulted in a decrease in space by 1 family member, may create the appearance of deception in order to obtain living space);
• permanent registration at the place of residence;
• Russian citizenship.

Social support measures for large families aimed at guaranteeing housing affordability and safe and comfortable living conditions come down to the following options:

• housing subsidy for purchase or construction (allocated once);
• housing in exchange for the provision of land;
• purchase of standard housing (economy class).

Issuance of land plots

The support measure enshrined in Federal Law No. 138 on state support for large families involves a one-time receipt of a plot of land with an area of ​​up to 600 square meters. m in equal shared ownership of all family members for housing construction or housekeeping. To use the benefit, a permanent registration for 5 years and the absence of land plots in the property are required.

Exercising the right to assistance involves submitting documents:

• statements;
• ID cards of all family members and documents confirming their relationship;
• confirmation of registration at the place of residence and citizenship of the Russian Federation;
• extracts about existing real estate.

The local government body, in response to the documents received, makes a decision on the provision of the site or on the refusal, which can be challenged in court.

Other social guarantees

The President also envisages other social assistance measures. Community units with several children under 18 years of age have the right to count on the following types of support:

• a one-time payment of 14,500 rubles at the birth of the next child;
• monthly additional payment of 2500 rubles for each child 1.5-3 years old;
• allowance 1,500 rubles for children 3-18 years old every month;
• material support for rising food prices - 675 rubles for children under 3 years of age;
• 5,000 rubles are allocated to purchase a uniform and sports suit for a schoolchild once a year.

To receive each of these benefits you must:

• birth certificate of each child;
• parents' passports;
• educational certificates;
• certificates of income from places of work;
• certificate of cohabitation.

After receiving the papers, the social security agency employee will issue a receipt confirming that the request has been accepted for consideration. Within 30 days, a positive or negative decision will be made and sent to the address of the citizen who applied.

If a large family has a permit, parents have the right to park for free within paid parking lots.

Employers are required to provide leave to parents with many children at any time convenient for them.

New law on large families: proposals from officials

Currently, there is no law at the federal level that would regulate the issues of large families. The solution to the problems of families with more than two children is reflected in the presidential decree, which is already more than two decades old. This document contains only general conditions for benefits for large families, but the details of their receipt are regulated in regional laws.

And here numerous problems arise: each region itself determines which family belongs to a large family and which does not, in one region the status of a large family can be obtained even with temporary registration, while in another a registration is required, somewhere the majority of benefits can be obtained any large family without taking into account its income, and in some regions only low-income large families can count on most benefits. And this is only part of the differences.

Such discrepancies in regulating the status of large families in a single country are unfair and the implementation of the policy to support large families is far from being fully implemented.

To eliminate these shortcomings, the Federation Council proposed adopting a unified law on the status of large families. Officials propose to include the most popular benefits in the new law on large families:

• free meals in an educational organization;
• free travel on public transport;
• compensation for utilities;
• compensation for school uniforms;
• priority to obtain a place in a preschool organization;
• drug provision for children;
• free cultural events.

An official from the Federation Council noted that, unfortunately, not all regions provide such benefits. For example, children from large families in 32 regions are deprived of free food, and large families in 25 constituent entities of the Russian Federation have to pay for travel. The new law on large families should eliminate this inequality.

State control over the fulfillment by regions of their responsibilities for social support of large families

A member of the working group preparing the bill spoke about how unfairly some regions approach the implementation of measures to provide social guarantees to large families.

For example, in one region the head promised several hundred thousand rubles to pay off the mortgage if a second or subsequent children were born in the family.

Many families took out mortgages and stood in line to receive compensation payments, but even before the deadline for this program to end, payments were stopped.

In this regard, the law should provide for a mechanism for monitoring the regions at the federal level to determine whether everyone is responsibly fulfilling their obligations to provide benefits to large families.

Extension of benefits for large families

Currently, large families are considered such until the eldest child turns 18 years old. And in some regions, it is possible to extend the status of having many children while the child is studying and has not reached the age of 23.

The developers of the new law on large families propose maintaining benefits for minor children, even when the age of the eldest child exceeds 18 years. This model has now been implemented in Moscow - there a family continues to be considered to have many children until the youngest child turns 16 years old.

“Large family” is not the same as “poor family”

In some regions, parents with children can obtain the status of a large family only if they have low incomes. But according to the developers of the new law, this is unacceptable.

There should be a unified concept of a large family throughout the country. It is assumed that a number of benefits will be provided to families taking into account their income.

This is indicated by one of the principles of state family policy - targeted social support for large families.

Single sample certificate for a large family

Officials propose to establish a single document for the whole of Russia that would confirm the right to benefits and develop uniform criteria by which a family will be classified as having many children. It is possible that this document will be issued electronically.

This will be done, among other things, so that a large family does not have to waste time obtaining a new certificate if the address of residence changes.

Despite the fact that a single document will be valid throughout the country, the family will be able to receive benefits precisely at their place of residence, that is, where the family is registered. Each region may have its own procedure for issuing a certificate for a large family.

Full list of benefits for large families under the new law in 2021

Officials propose placing a full list of benefits for large families in a single database - the Unified Register of Social Support Measures for Large Families, which will be an integral part of the Unified State Social Security Information System (USISS). It is expected that in this way it will be easier for large families to obtain information about all benefits.

In addition, a Federal Register of Large Families will be created in the electronic sphere, which will include information about large families that are entitled to benefits.

The draft new law for large families in 2021 proposes to establish the following benefits for them:

• 450,000 rubles to repay the mortgage if the third or subsequent children were born starting in 2021;
• abolition of land tax on a plot of no more than 6 acres;
• reduction of housing tax - tax will not be charged on 5 sq.m. for each child in the apartment and for 7 sq.m. in the house;
• land or other support measures in order to provide housing for a large family (the specific type of social support measure will be determined in each region independently - it could be cash, a subsidy, etc.);
• medicines - all medicines for children under 6 years of age and with a 50% discount for all children from a large family. Medicines are dispensed only according to doctor's prescriptions;
• assistance in employment;
• one of the parents in a large family can work part-time ;
• vacation at any convenient time - for families with 3 or more children under 12 years of age;
• personal income tax deduction for the third and subsequent children in a larger amount than for the first and second;
• the right to participate in housing cooperatives;
• early pension for mothers of many children. There is no decision yet on early retirement for fathers of many children, since it will require additional budgetary funds and the conclusion of the Government of the Russian Federation);
• discounted plane tickets.

The new bill also provides benefits from the “may be provided” series:

• a one-time payment at the birth of 3 children at the federal level (payment amount - 50 thousand rubles) - for now this is only a proposal for discussion by the authorities, since such a benefit will require additional budget funding and an opinion from the Government of the Russian Federation;
• mortgage benefits, such as reduced down payments;
• admission to the preparatory department for studying in higher education organizations.

At the regional level, the following benefits may be provided for large families:

• food for pregnant women, nursing mothers, children under 3 years of age;
• compensation for housing and communal services in the amount of not less than 30%;
• free travel on public transport for schoolchildren;
• admission of children to preschool educational institutions in the first place;
• assistance in the creation of family kindergartens;
• free meals in schools;
• free school uniform;
• 1 day a month for cultural recreation.

Source: https://mamavprave.ru/%D0%BD%D0%BE%D0%B2%D1%8B%D0%B9-%D0%B7%D0%B0%D0%BA%D0%BE%D0% BD-%D0%BE-%D0%BC%D0%BD%D0%BE%D0%B3%D0%BE%D0%B4%D0%B5%D1%82%D0%BD%D1%8B%D1% 85-%D1%81%D0%B5%D0%BC%D1%8C%D1%8F%D1%85-%D0%BF%D1%80%D0%B5%D0%B4/

Family Code of the Russian Federation

The Family Code of the Russian Federation does not directly regulate issues related to establishing the status of a large family. This normative act only regulates the issues of what community of people can be called a family. So, in particular, it was in this Code that, from a legal point of view, the status of natural and adopted children was equalized, which allowed parents in whose family an adopted child appeared to count on receiving the same benefits and privileges , especially when it comes to receiving status of a large family, and it is the adopted child that gives the family the right to receive such status.

The Family Code, in addition, gives the concept of a prosperous and dysfunctional family, and also talks about which family has the right to receive certain measures of state support. In particular, if a family has had another child, which allows it to receive the status of having many children, but the parents do not fulfill their direct responsibilities in raising this child, they may be assigned the status

deprived

, since this child may be removed from the family.

The state’s right to such behavior in relation to large families was formed after the number of births of a third and subsequent child in dysfunctional families, which improved their financial situation through the birth of such a child, became more frequent.

In what cases can a large family count on receiving land?

The distribution of land plots to large families is happening more slowly than planned - there are not enough plots for distribution in the regions.

This is important to know: Property not subject to division in civil law

Let's consider the conditions and some features of obtaining a land plot:

1. Awarding the status of a large family. If the latter has not yet been assigned, you need to contact the social protection department.
2. Collection of documents - in this case, the family pays state registration and fees. There is no need to pay a fee for obtaining certificates and services.
3. The land plot is issued free of charge only once. The applicant receives a certificate of land issuance, and it becomes his private property. After this, the family can dispose of the plot at its own discretion - start construction, plant a vegetable garden, acquire a farm, or sell it altogether. If the family does not like the plot, they can refuse it in writing. However, if they wish to receive another plot, the family will have to go through all the stages of registration from the very beginning.

What payments are due to large families in 2021 in Russia related to housing and land.

Parents with a large number of children can become the owner of a land area of ​​up to 15 acres. The right to land presupposes the use of the plot for gardening, or the construction of a house or dacha. In their particular region, parents with large families can seek a piece of land of at least 6 acres.

Among other things, the legislator also considered other benefits related to the provision of housing:

housing subsidy for the construction of your own house (you can also pay off debt or interest on housing purchased with your own money);

under a rental agreement - free housing from social authorities; provision of an apartment owned by the state.

Help! An apartment that is given to large families as their own or for rent must be equipped with a sewerage system, electricity, heating and water supply.

Regional authorities have the right to provide a family with 3 or more children with a preferential loan, subsidy or interest-free loan. These benefits can be spent on building a residential building and purchasing construction materials.

Other social guarantees

• The mother and/or father were deprived of parental rights by the legal authority.
• The children were handed over to the state to support them.
• One of the dependents is recognized as fully capable. Emancipation is associated with early marriage, engaging in entrepreneurial activity or signing an employment contract.
• The parents are serving prison sentences.

Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

In accordance with the main provision, every family with 3 or more minor children must receive a plot of land free of charge for individual construction. Financial support from the state can be extended after the child reaches adulthood in connection with his studies in the general education system or at a university.

Federal Law of June 14, 2011

Thus, they stipulate that state cadastral registration in relation to real estate objects of the Federal Housing Development Assistance Fund can also be carried out by a state budgetary institution subordinate to the federal executive body (authorized to carry out state cadastral registration and maintain the state real estate cadastre). The basis is the decision of the latter.

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The possibility of free transfer of land from state ownership to municipal ownership has been established. Land owned by one municipality may be transferred free of charge to the ownership of another; those in state or municipal ownership are the property of Moscow and St. Petersburg. The transfer is carried out to provide such plots to citizens free of charge in accordance with land legislation.

Preferential mortgage at 6% for the entire loan term

General terms and Conditions. Since 2021, a state support program for families with children has been in effect. Banks give them mortgages at a preferential rate - 6%. To do this, the family must have at least two children. Previously, upon the birth of a third child, the period of the preferential rate was extended for five years, but now the conditions have changed: the 6% rate is valid for the entire loan term. In the Far East, the rate is even lower - you can take out a loan for housing even at 5%.

Here are the main conditions of this program:

1. The second or subsequent child was born between 2021 and 2022.
2. An apartment or house is bought on the primary market.
3. The loan amount is no more than 12 million rubles for Moscow, St. Petersburg, Moscow and Leningrad regions. And no more than 6 million rubles for other regions.
4. Down payment - minimum 20%.

If a third child is born in the family in 2021 or 2021, the family will be able to sell the two-room apartment and buy a three-room apartment in a new building with a mortgage at 6%. The apartment does not have to be at the construction stage; it can be in an already completed house with finishing touches. The main thing is that the seller is a legal entity.

If the family already has a mortgage, then at the birth of the third child it can be refinanced: the bank will reduce the rate to 6% for the entire term of the loan, and the federal budget will compensate the difference. You need to check the terms of refinancing with your bank.

How to get a. To become a participant in the program, you need to submit an application to the bank. It is the lender who receives the subsidy, not the borrower. The contract will indicate a preferential rate, and the bank will be reimbursed for lost revenues from the budget. But first, the bank evaluates the borrower according to its own criteria: it checks the property, the developer, the family’s solvency, and credit history. That is, even a large family may be denied a mortgage with state support. But thousands of families have already bought apartments and are paying only 6% for them. The program is not very smooth and not for everyone, but it works.

Take our test and find out if you have a chance to save on mortgage interest:

Allocation of housing

Ministry of Education and Science of Russia dated 08.08.2021 N 08-1063 “On recommendations on the procedure for staffing preschool educational institutions” (together with “Recommendations on the procedure for staffing educational institutions implementing the basic general education program of preschool education”)

Decree of the President of the Russian Federation dated 05/05/1992 N 431 (as amended on 02/25/2003) “On measures for social support of large families”

The conditions and measures for providing nationwide support are as follows: a public institution allocates living space, the total cost of which is partially covered by the state. For this purpose, subsidies or social rental agreements are provided, valid until the youngest child reaches adulthood.

According to Russian legal standards, a family is considered to have many children if it has three or more minor children. Children who have not reached the age of 18 are considered minors. Children who were:

In mid-2021, after studying statistical data, experts in the field of demography concluded that a decline in the birth rate had begun in the Russian Federation, which would increase in 2021–2021. preceded by a small population surge. Today, Russia's population is declining again. There are many reasons for this, and one of them is the fear of young families to have a large number of children due to an unstable financial situation. At the same time, over the past 6 years, the number of families with more than three children in the country has increased by almost 25% ! Their rights are formalized in detail in the law on state support for large families.

Regional criteria

The demographic decline that occurred in the 1990s hit the country quite hard, and its consequences are still being felt today. The shortage of workers does not allow the economy to develop at the planned pace, which negatively affects every resident of Russia. In order to change the situation for the better, and subsequently not face the problems of a catastrophic shortage of population, at the end of the 20th century a number of legislative measures were developed to support large families, which are still in effect today. The main one is the Decree of the President of the Russian Federation. On its basis, each individual region creates its own legal acts.

The bill was rejected because the proposal was not completed. Its authors do not explain in any way how lost tax contributions will have to be compensated. This measure leaves a serious hole in the budget, according to rough estimates exceeding three billion rubles.

Full list of benefits for large families under the new law in 2020

In 2021, large families with young children, according to the law on large families, have the opportunity to participate in programs to improve housing conditions at the Federal and regional levels. At the same time, each subject of the Russian Federation makes its own amendments to the scope of benefits. Innovations in 2021 will be:

• obtaining borrowed funds for building a house without interest;
• subsidies;
• obtaining warrants for council housing;
• participation in privatization;
• obtaining an apartment to replace dilapidated housing of the same area.

Social groups with many children still have the opportunity to participate in the “Young Family” and “Affordable Housing” mortgage lending programs. If the borrower repays monthly payments in good faith, the state will reimburse part of the costs.

Having decided to buy a home with a mortgage, citizens will be able to receive lower lending rates, a reduction in the down payment and an increase in the loan term. Preferential conditions are provided for refinancing.

For the development of a farm (farm or household plot), a large family will be allocated a plot of land free of charge. Lands on municipal balance can be transferred to private status.

Federal legislation in the field of support for large families does not unify the procedure for providing assistance to such units of society. The most reliable protection of the interests of citizens is provided by public organizations. A large number of benefits does not guarantee their implementation due to the limited financial capabilities of the regions.

Regulations

The rights of families with many children are protected by 431 Presidential Decree and Federal Laws (173, 138). The first regulatory legal act contains a list of orders and preferences that should be provided to parents raising 3 or more children. Details are given in the table:

Federal Law No. 173 contains information on labor pensions for Russian citizens. Most of the benefit categories are women raising children. The reasons for providing preferences to mothers with many children are given in the table:

The latest amendments were made at the end of 2015. If the criteria are met, the retirement age of mothers is reduced by 5 years.

The Law on Large Families No. 138 is a supplement to Federal Law 161, approved to stimulate housing construction. Thanks to the amendments made, citizens who have confirmed that they have many children can count on receiving a plot of land. Local authorities set allocation rules and other issues.

Rejected law on assistance to large families

Since the collapse of the USSR, the demographic situation in the country has worsened every year. In 1999, members of the State Duma, in order to increase the birth rate, adopted the Federal Law “On Support of Large Families.” The regulatory legal act contained a definition of basic concepts, conditions for providing assistance and other nuances:

With the help of the law on supporting large families, the authorities wanted to create conditions for the full development of children. At the moment, the regulatory document is not relevant. V.V. Putin rejected the Federal Law due to the difficult financial condition of the country and the presence of other laws protecting the rights of families with 3 or more children.

Plots are issued under the following conditions:

• the family is raising three or more minor children, regardless of whether they are natural or adopted;
• the family has lived in the region for more than five years;
• the parents' marriage is officially registered, except in cases where only one of the parents is raising the children;
• the family did not receive any other land plots under government programs (plots received by inheritance are not taken into account).

The above conditions are the basic requirements for the allocation of land.

The rights to own the allocated plot are distributed evenly among all family members.

Vacation at any time not according to schedule

General terms and Conditions. A parent of three children under 12 years of age can go on vacation when he sees fit, and not when his turn comes according to the approved schedule. Even if a mother with many children signed a vacation schedule in December and agreed to go on vacation in March, she may change her mind and take a break from work in the summer - in July. The employer will not be able to refuse her, because a mother of many children has benefits under the labor code. Allowing a parent with many children to go on vacation without waiting in line is not the right, but the responsibility of the employer. Both dad and mom have this opportunity.

If a parent with many children is not given leave when he wants, this is a reason for complaint. An employer can lose tens of thousands of rubles due to fines.

How to get a. Write a statement to your employer and indicate when you want to take your next paid leave. Three days before the specified date, you must be paid vacation pay. On the day your vacation starts, you don’t have to go to work. If the employer is against it, has not transferred the money or threatens dismissal, this is a reason for a complaint to the labor inspectorate.

Legislative regulation of the rights of large families

For example, they are trying to increase the birth rate by providing social assistance to large families. The introduction of effective measures that will help support the young dynasty has led to a long-awaited result - more and more often parents are thinking about having a third child. The adopted law on large families allowed many fathers and mothers to look into the future without fear. This law states that a multi-child dynasty is considered to be one in which there are three or more children under the age of summer or full-time students in secondary specialized institutions or universities - until they complete the educational process. This also takes into account those children who serve in the army until they reach the age of 23.

Purpose of development

The development of a new bill should take into account the experience of the regions, summarize it and isolate from the resulting one a certain universal approach. The essence of this work is to consolidate a number of subsidies and material guarantees at the federal level.

More reading -> Form P14001. Making changes to the Unified State Register of Legal Entities

Federal Law on Large Families

• every month there is a recalculation of funds spent on paying for utilities;
• for the birth of each subsequent child, a one-time payment in the amount of 14.5 thousand rubles is provided;
• for each child whose age ranges from one and a half to three years, the state pays parents an additional 2.5 thousand rubles. per month;
• the benefit for children over 3 but under 18 years old is one and a half thousand rubles monthly;
• compensation included in the increase in the cost of products is 675 rubles. for each child under 3 years of age;
• Once a year, 5 thousand rubles are allocated for each child going to school. to buy clothes.

• provision of unreliable or deliberately false data in the application, for example, one of the family members has foreign rather than Russian citizenship, and this fact must certainly be indicated during the application process for receiving land from the state;
• transfer of only part of the documents, and not all the required documentation;
• The family has previously received a plot of land, so it does not have the right to claim another land.

Early retirement for mom

Until 2021, a mother of five children could retire at age 50. Since 2021, mothers of three or four children have received the right to early retirement. They can receive an old-age insurance pension three or four years earlier than mothers of two children under the same conditions.

When can a mother of many children retire?

When to retire

Three years earlier than the new retirement age

When to retire

Four years earlier

When the retirement age is finally raised, mothers of three children will retire at 57, and mothers of two children at 60. To qualify for early retirement, a mother with many children must have at least 15 years of experience and accumulate a minimum number of pension points. In 2021 it is 16.2 points, in 2021 it is 18.6. The mother is credited not only with her work experience, but also with periods of caring for her child up to one and a half years. If she raised three children, she can get 16.2 points for them.

A father with many children is not entitled to early retirement because of his children. Even if he worked alone, provided for everyone, or his mother died.

How to get a. You can apply for a pension through government services or the Pension Fund website. But first, you need to check which periods are included in the length of service and how many points have accumulated. This information is in the personal account statement - it comes free, instantly and without a visit to the pension fund.

If non-insurance periods are not taken into account, they must be reported: “Here are the documents for the children, count me the time spent caring for them and add points.” When the pension fund sees that my mother really has the right to an early pension, he will appoint it himself and will pay it. If the mother does not work, the pension is indexed every year. If she works, the pension is also paid, but without indexation, but by recalculation.