In 2015, the natural population growth was again registered for the third time in a row, and the Government assigns a significant role in achieving this to the maternity capital program.

What is maternity capital, how to use it and how to spend it, what are its benefits and benefits - these are the most common questions parents ask. Let's figure it out.

"Maternal capital" Is a form of state support for Russian families in which a second child was born or adopted from 2007 to 2018 inclusive.

As a project, maternity capital was developed based on the impending demographic catastrophe. For a number of reasons, young parents did not want to have children and were often limited to just one child in the family. At the same time, the mortality / fertility statistics forced the authorities to take urgent decisions to strengthen the prestige of the institution of the family, and at the same time to encourage parents to have as many children as possible. This is how the project of state incentives and support - maternity capital - was developed and implemented in 2007.

The size of the maternity capital

The size of the "monetary remuneration" should have increased from year to year, but as can be seen in the table - unlike all previous years that have passed since 2007, the size of the certificate for maternity capital in 2016 has not changed and is still 453 thousand 026 rubles, as in 2015. its size has stopped growing. The reasons are simple. But first, we will analyze the 2 most necessary terms, the meaning and knowledge of which will help to understand the next question - in connection with what the size of maternity capital is growing or suspended?

1. Inflation- an excessive increase in the number of paper money circulating in the country, causing their depreciation. The word comes from lat. inflatio - bloating. In simple terms, inflation is an increase in the prices of goods and services. This means that for the same amount of money, over time, it will be possible to buy fewer goods and services than before.

2. Indexing- an increase by the state of income and savings of citizens in accordance with the rise in prices during the period of inflation. Indexation (income recovery) is continuously linked to inflation (price increases).

But back to the maternity capital.

Its size, taking into account inflation, should have increased in 2016, but this did not happen, allegedly due to a high budget deficit that arose against the background of a sharp drop in oil prices.

But this does not mean that there is no inflation in the country - it exists and, according to the annual forecast, is - 7, 21% (this figure may change by the end of the year). In 2015, inflation was 12.91%.

Until what year is the support program valid?

In 2015, news about the abolition of maternity capital was leaked to the media, and Russian Finance Minister Anton Siluanov commented on this rumor:

“Sometimes they say that the Ministry of Finance is going to terminate the maternity capital. No, we in the government have not yet made a decision, have not put an end to it, have not discussed this issue. This was the point of the experts, which, in general, we consider it reasonable. But the final decision will be made by the government. "

But in December 2015, Vladimir Putin ordered to extend the maternity capital program for another 2 years - until 12/31/2018 by Federal Law No. 433-FZ of 12/30/2015, the extension of the program was enshrined in law.

Purpose of spending maternity capital:

Improving living conditions

Mortgage loan repayment;

Reconstruction and renovation of a residential building with an increase in living space;

Home construction compensation;

Home repair and construction on your own;

Share building;

Participation in housing construction cooperatives.

Getting an education

Student accommodation in a hostel of an educational institution

Payment for the services of an educational institution

Facts to Know

The right to receive maternity (family) capital is granted only once.

Maternity capital cannot be deposited or spent, for example, on a car or paying off current debts on loans and utilities. This is a kind of protection of capital from unjustified waste by parents,

In case of loss of the certificate, you can get a duplicate of it;

Maternity capital funds can be obtained only by bank transfer. Any cashing scheme for these funds is illegal. At the same time, the owner of the maternity capital certificate, who agrees to take part in cashing schemes, goes to commit an illegal act and can be recognized as an accomplice in a crime due to the misuse of public funds.

Use of maternity capital for disabled children

January 1, 2016 - for the first time in many years of the program, changes were made in the directions of using the certificate. Now the maternity capital can officially be used for the social rehabilitation of disabled children.

However, in reality, this direction did not fully work either from January 1, or during the entire first half of 2016 - this opportunity works only “on paper”, and the Pension Fund offices cannot even start accepting applications from citizens.

The reason for this was the sluggishness of the Government, which has not yet approved 2 bylaws, without which it is impossible to work in the new main direction:

a special list of goods and services for which maternity capital can be used in the new direction;
the rules for using the certificate for the purchase of goods and services according to the above list.

In addition, a complete disappointment for the parents was the mechanism provided for in the law for the use of mother capital in a new direction - only in the form of compensation for the costs incurred!

This means that parents must first independently find the necessary funds and use them in the prescribed direction, in order to then receive compensation from the Pension Fund under the payment documents confirming the intended use and contracts within two months! And then - the actual availability of goods and services purchased according to documents will still need to be confirmed by an inspection certificate, received from specialists of the social services of the population at the place of residence.

This is the kind of bureaucracy.

And one more small detail, reminiscent of an inscription on the packaging of some product, specially printed in small print, which is very difficult to read:

It is possible to use state subsidies according to the current rules only after 3 years from the date of birth of the second or subsequent child (as well as 3 years after the entry into force of the court decision in the event that the child is taken into foster care under the adoption scheme).
In this regard, for children (second, third and subsequent) born or adopted in 2016, payments, as a general rule, will be implemented only in 2019.

It looks something like this: give birth now, and we will reward you later!

An exception, as before, will be the cases of using maternity capital for a mortgage:

in repayment of a previously taken loan or loan for the purchase or construction of housing;
as a down payment for a new home loan or loan.

The opinion of the child psychologist Irina Chesnova:

Irina Chesnova

I really like this formulation of the question: you have a second child now. And we will "reward" you for this. Later. May be. If you like. First, you yourself for childbirth, cribs, strollers, diapers, toys, scrape up money, starve for two or three years, content only with your dad's salary, and then you will be happy! But what about? We must make sure that you have the most serious intentions, that you will not abandon the child and do not "hang" him on the fragile shoulders of the state, and that you did not give birth to him in order to rob the budget of three hundred thousand rubles (such money!).

Do you know what it's called? "Presumption of guilt". Each family is viewed as marginal, planning to profit from the budget money by giving birth / adopting a second child. And so that no one had the opportunity to get money and leave the baby, drink and waste, spend "the wrong thing", and this whole scheme was invented with three years of "grace" and a certificate instead of "live" money, which can only specified options.

I perfectly understand the logic of the authors of this scheme. Perfectly. There are too many such marginal comrades in our country, in whose drunken heads the idea of doing business on the birth / adoption of children will immediately be born. But! What is the fault of the rest of the families (which, by the way, are the majority)? Why, because of a drunk neighbor, normal parents were not given the opportunity to spend four hundred thousand on undershirts, a breastfeeding consultant, massage and early development school? For the treatment of a child? For a good repair in the apartment? A car for the whole family? Or a garage? After all, every social unit has its own needs.

And if the state gave this money "humanly", each family, deciding on a second child, knew that they could spend it on what they need. That would be an incentive!

Very, very many families want a second child, and either give birth to him, not hoping for help from the state, or do not give birth, because they are afraid of the prospect of poverty. Why do they need savings for retirement when money is needed "here and now" - for a million different little things that a baby needs?

Output:

The very idea of solving the demographic problem in the country at the expense of maternity capital was a great breakthrough and hope for the majority of citizens of modern Russia. In practice, several major shortcomings were identified, both in the “maternity capital” program as a whole, and in the idea itself:

1 ... No matter how many children you give birth to in your entire life, you receive a certificate for obtaining a mother capital once in a lifetime.

2. In Russia, inflation and indexation interact with serious lag. Food or commodity prices are rising much faster than the official inflation rate.

3. Spending "maternity capital" on housing is a thought that makes you smile. In cities with a population of over 400 thousand rubles, it is impossible to solve the “housing problem”. It is possible to buy real estate on a mortgage, and this amount will be spent on the initial payment or to pay off the% on the loan. This financial aid looks much more significant in regions where real estate prices are noticeably lower. Nevertheless, this item is one of the most demanded in Russia.

It is clear that the demographic problem cannot be solved only at the expense of mother capital. This is a great help. But, alas, it is NOT an incentive in any way. So far, he does not pull on a powerful engine of fertility and an effective demographic program. What do you think? What factors will play a major role in your decision to have your second (third) child?

Posted on http://www.allbest.ru/

Introduction

Relevance of this topic lies in the fact that an additional measure of state support for families with children - maternity (family) capital, introduced on January 1, 2007, stimulates an increase in the birth rate in the country. Low fertility and the lack of material support for families with children began to be seen as the main reasons for the crisis in the demographic situation. Many young families cannot decide to have children, not only because of the seriousness of this step, but also because of the lack of opportunities to provide for them, to give them a decent education and housing.

Therefore, it is important that every woman, when deciding to have a child, feels the support of the state and is calm about the future of her family.

Among the priorities for stimulating the birth rate and strengthening the family, the concept of demographic development of the Russian Federation identified:

- formation of a system of social and personal values focused on a family with two or more children;

- increasing the material well-being, the level and quality of family life;

- creation of socio-economic conditions favorable for the birth, maintenance and upbringing of several children, including conditions for self-realization of young people, including obtaining a general and vocational education, work with decent wages, as well as the opportunity to provide a family with appropriate housing conditions.

Research object is the legal regulation of additional measures of state support for families with children.

The subject of research is a mechanism for the implementation of legal support for families with children for material support.

The purpose of the study course work is the analysis and generalization of regulations governing social support for families with children.

Coursework objectives:

- to characterize an additional measure of state support for families with children - maternity (family) capital;

- study the rules for submitting an application for the disposal of funds (part of the funds) of maternity (family) capital;

- to consider the directions of use of maternity (family) capital funds.

Source base draws up the Constitution of the Russian Federation, Federal laws, decrees of the Government of the Russian Federation, Orders of the Ministry of Health and Social Development of Russia, additional literature and periodicals.

The structure of the course work meets the goals and objectives of the study and consists of an introduction, three chapters, a conclusion and a list of used sources and literature. The first chapter reveals the concept and meaning of maternity (family) capital. The second chapter is devoted to the rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital. The third chapter describes in which directions the funds of maternity (family) capital can be used.

1. Maternal (family) capital: concept and its meaning

1.1 The concept of maternity (family) capital and its legal regulation

Regulation of relations on social security is carried out on the basis of the principles of universality of social security; differentiation of types, conditions and level of security depending on labor input, reasons, need and other socially significant circumstances; guaranteed social assistance in cases where a person needs it due to circumstances recognized as socially significant. Only those principles are named here, the manifestation of which in the rules on maternity capital is of the greatest interest.

Maternal (family) capital - funds from the federal budget transferred to the budget of the Pension Fund of the Russian Federation for the implementation of additional measures of state support established by this Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children."

The provision of additional state support measures to families with children in the form of the right to maternity (family) capital is based on two circumstances: the birth (adoption) of a second and subsequent child and the period of time during which this happened, from January 1, 2007 to 31 December 2016

The right to receive maternity capital can be used once for certain categories of citizens provided for in the Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children."

Confirmation of the right to additional measures of state support is a registered document - a state certificate for maternity (family) capital.

The system of legislation providing for the implementation of additional measures of state support for families with children includes legislative acts that are different in their legal focus:

- Tax Code of the Russian Federation, part two, dated August 5, 2000 No. 117-FZ, containing a definition that includes maternity (family) capital funds allocated to ensure the implementation of additional measures of state support for families with children, as income not subject to taxation (Clause 34 of Article 217 of the Tax Code of the Russian Federation);

- Federal Law of May 19, 1995 No. 81-FZ "On State Benefits to Citizens with Children", which establishes a unified system of state benefits to citizens with children in connection with their birth and upbringing, which provides state-guaranteed material support for motherhood, fatherhood and childhood;

- Federal Law No. 256-FZ of December 29, 2006 "On Additional Measures of State Support for Families with Children" establishes additional measures of state support for families with children in order to create conditions that provide these families with a dignified life.

The bylaws that form the system of legislation on additional measures of state support for families with children include:

- Decree of the Government of the Russian Federation of December 12, 2007 No. 862 "On the rules for channeling funds (part of funds) of maternal (family) capital to improve housing conditions" sets the types of expenses for which funds (part of funds) of maternal (family) capital can be used to improve housing conditions, the procedure for submitting an application for the disposal of these funds and a list of documents required for consideration of the application, as well as the procedure and terms for transferring these funds;

- Decree of the Government of the Russian Federation of December 24, 2007 No. 926 "On approval of the Rules for the allocation of funds (part of funds) of maternal (family) capital for education by a child (children) and the implementation of other expenses related to education of a child (children)" establishes the procedure for sending funds (part of funds) of maternal (family) capital for education by a child (children) in any educational institution on the territory of the Russian Federation that has the right to provide appropriate educational services, as well as other expenses related to education by a child (children), and determines the procedure for the submission of documents required to channel funds for the specified purposes;

- Decree of the Government of the Russian Federation of December 30, 2006 No. 873 "On the procedure for issuing a state certificate for maternal (family) capital" - determines the procedure for applying for the issuance of a state certificate for maternal (family) capital, provide a unified procedure for accepting and considering applications for it issuance and regulate the procedure for maintaining the federal register of persons entitled to receive additional measures of state support, including the terms and forms of submission of information to it.

capital maternity support state

During seminars on pension reform, the site aims to unleash the full potential of the currently available methods for an active citizen to increase the size of his future pension capital.

These tools for capital growth include:

Let's consider how they can use the tool “ maternal capital" - state support for families with children - mothers of two or more children. This state function is implemented by the Russian Pension Fund.

1. The concept of maternity capital

2. The procedure for obtaining maternity capital

3. Possibilities of using maternity capital

1. The concept of maternity capital

Maternal (family) capital is federal budget funds transferred to the Russian Pension Fund (PFR) in order to support families with children.

Maternity capital can be used to improve the living conditions of families, to receive an education for children or to form a mother's future pension.

According to Federal Law No. 256-FZ of December 29, 2006 "On additional measures of state support for families with children" (hereinafter referred to as 256-FZ), maternity capital is intended for families who, in the period from January 1, 2007 to December 31, 2018 a second child appeared (will appear) (or a third child or subsequent children). We are talking about both the birth and adoption of the second, third and subsequent children (hereinafter referred to as the second child).

The recipients of maternity capital can be:

a woman who has Russian citizenship and has given birth (adopted) a second child;
father (adoptive parent) of the second child in case of termination of the woman's right to maternity capital in accordance with 256-FZ;
a man with Russian citizenship and who is the only adoptive parent of a second child;
a child (children in equal shares), if he is not yet an adult or is studying in an educational institution, but at the same time not older than 23 years, upon termination of the right to maternity capital from a father (adoptive parent) or a woman who is the only parent (adoptive parent) in the established law cases.

According to 256-FZ, the size of maternity capital is revised annually taking into account the growth rate of inflation. However, in 2017 its size was not indexed and remained at the level of 2016 at 453,026 rubles. For those who have already disposed of part of the funds, the amount of the remaining amount should also be increased taking into account inflation.

The process of obtaining this state benefit can be roughly divided into three stages:

1) obtaining the right to maternity capital: the appearance of a second child in the family in the period from January 1, 2007 to December 31, 2018;

2) obtaining a state certificate for maternity capital: the period for applying for a certificate is not limited;

3) disposal of the state certificate for maternity capital: the term of the order is not limited.

2. The procedure for obtaining maternity capital

The right to receive maternity capital can be used once.

In confirmation of the right to receive maternity capital, a state certificate for maternity capital is issued (hereinafter referred to as the certificate). The period for applying for a certificate after the appearance of the second child is not limited.

To obtain a certificate, you must do the following:

1) issue a certificate of birth (adoption) of a child at the registry office;

2) submit to the FIU an application for a certificate and certified copies:

an identity document of the applicant and his place of residence;
documents confirming the birth (adoption) of children;
a document confirming the Russian citizenship of a child (children) born (adopted) after January 1, 2007;

3) wait by mail for a notification of the issuance or refusal to issue a certificate. The term for consideration of documents is one month from the date of their submission;

4) obtain a certificate from the FIU.

3. Possibilities of using maternity capital

Maternity capital funds can be obtained only by bank transfer.

To use maternity capital, you must submit an application to the FIU for the disposal of funds (part of the funds) of maternity capital.

Maternity capital funds can be used for the following purposes:

1) improvement of housing conditions: purchase (construction) of residential premises and repayment of a housing loan;

2) receiving education by a child (children) in any Russian educational institution;

4) the purchase of goods and services intended for social adaptation and integration of children with disabilities into society.

It is possible to dispose of maternity capital funds no earlier than after three years from the date of birth (adoption) of the second child. An exception is the direction of funds to repay a loan for the purchase (construction) of residential premises.

The maternity capital funds can be disposed of in full or in parts, directing it to various purposes. You can also dispose of the capital in part at first, and dispose of the rest later.

Also, in the fall of 2016, certificate holders (regardless of how much time has passed since the second child appeared) had the opportunity to receive a one-time payment from him in the amount of 25,000 rubles (or in the amount of the actual balance, if it is a smaller amount). The application had to be submitted no later than November 30, 2016.

If a woman did not manage the maternity capital before retirement, she has the right to take these funds into account as part of her pension savings when assigning her a funded pension.

Maternity capital funds can be used to form (hereinafter referred to as pensions) the mother. In this case, maternity capital funds are included in it.

Pension savings can be accounted for and invested in both the Pension Fund and (NPF). Based on the results of investing pension savings, investment income is accrued.

Funds from maternity capital (or part of them), originally aimed at forming a pension, can be redirected until it is assigned for other purposes.

The procedure for directing maternity capital funds to form a pension in NPF provides for the following actions:

1) obtaining a certificate;

2) conclusion with the NPF (OPS) and submission to the PFR of an application for transfer to this fund;

3) submission to the FIU:

statements on the disposal of capital (the direction of funds (part of the funds) for the formation of a pension);
certificate;
insurance certificate of the OPS of the owner of the certificate;
identity document, place of residence of the owner of the certificate.

Within a month, the FIU makes a decision on the transfer of funds to the NPF, after which the transfer is carried out within a month.

Thus, if other family issues are resolved, maternity capital can become a tool to increase the mother's future pension.

In 2020, a certificate for maternity capital issued to families at the birth of a second or subsequent child (children) in the period from 2007 to 2021, inclusive, implies the possibility of targeted use by families of non-cash funds in the amount of 466.6 thousand rubles. At the same time, it was originally planned by the law that the funds for already issued certificates could be used after the end of the state program - that is, even after 12/31/2021.

According to the statistics of the Pension Fund of Russia (PFR) at the moment:

48% of certificate holders have used their maternity capital in full;
another 2% disposed of the envisaged money in part;
48% have never applied to the FIU with applications for the use of materiel.

The main document regulating the expenditure of maternity capital funds is Federal Law No. 256-FZ dated December 29, 2006 " ". Below are some of the conditions specified in it:

money can be directed to specific needs fully or partially;
the order is carried out in a declarative form(more about applications and documents for maternity capital);
funds are transferred only by bank transfer;
you can use the right to dispose of money after the child who has given the right to the certificate, will be 3 years old(this rule applies to all cases, except for one - buying a home on a loan or loan, including a mortgage).

The program undergoes various changes from year to year. For example, since 2016 no annual indexing, thanks to which the amount of payment since 2007 has increased from 250 to 453 thousand rubles (an increase of 81.2%). Indexation will resume from 2020 - the size of the certificate will increase by 3% and amount to 466,617 rubles.

Photo pixabay.com

What can you spend maternity capital on in 2020?

Thanks to the changes and additions adopted in the law on maternity capital in previous years, family (maternity) capital can be spent in four different directions. In this case, you can choose one of them or a combination of them.

Using the certificate for the improvement of living conditions. This implies the purchase of housing (including on credit): apartments, rooms, houses and shares in construction in Russia, as well as the reconstruction of premises with the communication of qualities more suitable for a family with children. The list of documents and conditions for the use of funds in this area are given in the Decree of the Government of the Russian Federation No. 862 of December 12, 2007. "On the Rules for the allocation of funds (part of funds) of maternal (family) capital to improve housing conditions".
Payment for educational services from maternity capital. You can pay for the education of any child in the family (up to 25 years old) in a kindergarten and nursery, additional sections, schools, technical schools and universities in the Russian Federation.
Directing money for the mother's funded pension(the least popular destination).
Cost compensation social adaptation of disabled children up to 3 years (new direction from January 1, 2016) - technical means, rehabilitation and medical measures according to the list established by the Government.

Attention

You will learn more about the directions of using maternity capital in the video. on the Privileges channel... Subscribe and get useful information before anyone else!

Matkapital for home purchase

For the majority of Russian families with children, the housing issue is of acute urgency. Therefore, it is not surprising that more than 90% of recipients of maternity capital fully or partially use the funds of the certificate for improvement of living conditions.

Explanation

This concept includes the purchase of apartments, the acquisition or construction of individual houses - both with the use of third-party (credit) funds, and at the expense of their own funds (under a sale and purchase agreement).

To the question, is it possible to buy an apartment with maternity capital, the legislation answers unequivocally: it is possible. Maternity capital for the purchase of an apartment is the easiest way to invest in housing. In this case, it is possible to conclude any contract that does not contradict the law.

In the general case, the transaction takes place as follows:

the seller, residential property is located, its agreed price is determined;
a sale and purchase agreement is concluded with a deferred payment;
an application is written to the FIU to transfer money to the seller's account;
if the value of the object is more than the provision of the certificate, the buyer transfers to the seller the difference between these amounts (from personal funds);
within two months the FIU transfers money according to the submitted application.

The funds under the certificate can also be used on services indirectly related to study(a complete list is established by the Government of the Russian Federation). For example, it is allowed to pay for the dormitory and utilities at the expense of maternity capital, but this money cannot be spent on food.

Other possibilities of using the womb for a child:

payment for sports sections;
music or art school;
language courses.

Kindergarten payment

The opportunity to use funds from the mother capital to pay for the kindergarten appeared after the adoption of the Government Decree No. 926 of 12.24.2007 and the RF Government Decree No. 931 of 11/14/2011. The money will be transferred to the account of a public or private kindergarten if the following conditions are met:

the kindergarten has license to carry out preschool educational activities;
located on the territory of the Russian Federation;
between him and his parents contract signed in the appropriate form;
payment is made only for child support(care and supervision services).

Fully pay for a kindergarten, even a state one, at the expense of family capital will not work... The maintenance of a child means nutrition, upbringing, socialization and ensuring the necessary hygiene standards. To this list not included educational services, payment for the work of teachers, paid circles and sections.

As already mentioned, money from family capital, with a few exceptions, can be used only after the 3rd birthday of the child... That is, it will be possible to pay for the nursery only for the youngest of the children, but only after three years - that is, no longer the one thanks to whom the family has the right to mother capital.

Matkapital retirement mom

According to Art. 12 of the law on mother capital, the funds under the certificate can be used in full or in part to form the funded part of the mother's pension in a state or non-state pension fund (NPF). The opinion is expressed that such an investment will be beneficial for a woman, because her three-year caring for several children is often not fully counted in the length of service.

The woman who wrote the corresponding application, before retirement, may change her mind and redirect funds for other purposes (withdraw them).
The law also provides that the owner of the certificate, who has not exercised the will in relation to the maternity capital or part of it, can subsequently account for this money as part of pension savings directly at retirement.

In accordance with the pension legislation, in the future, funds allocated to the mother's pension can be received:

as urgent pension payment(for a period of at least 10 years);
as lump sum;
as unlimited lifetime payments.

Attention

If the owner of pension savings does not live up to retirement, the mother capital contribution can be inherited by the father of the child who gave the right to state aid to the family, or the woman's children.

This option for spending money from state support to the family least popular(less than 1% of all cases). People do not trust the targeted spending of funds after a long period of time, because money can significantly depreciate.

What can not be spent on the certificate?

Options for the targeted spending of funds from maternity capital are listed in articles of the Federal Law No. 256-ФЗ dated December 29, 2006 " On additional measures of state support for families with children". In the current version of the document, you can always familiarize yourself with the possibilities available to certificate holders. No other directions other than those listed, not provided... However, many of them are discussed and are the subject of populist speculation.

Often families do not find an opportunity to use funds for any of the purposes provided for by the maternity capital program. Probably for this reason, not entirely legal schemes for cashing out money are being developed. It should be assumed that the intended use of maternity capital could be expanded, and new opportunities for spending funds would be in demand.

Photo pixabay.com

Maternity capital for the purchase of a car

The car can not be attributed to any of the opportunities to dispose of mother capital: neither to improve living conditions, nor, even more so, to children's education or maternal pension.

Attention

To the question, is it possible to buy a car with maternity capital, the answer is unambiguous: No... Although this would solve the issue of moving families with children and improve their well-being. Indeed, for 466.6 thousand you can buy a new car even without attracting personal funds (in the case of purchasing a car of domestic production).

This possibility has been discussed at least three times since the introduction of the family capital program. It has pros and cons and was rejected due to obvious difficulties:

possibility instant car sale after buying it for cashing out funds;
car theft threat or its damage in an accident;
relatively fast car breakdown(especially, unfortunately, domestic brands).

The issue acquired a new urgency in 2014, when Prime Minister Medvedev decided to combine two tasks: anti-crisis support for the Russian automotive industry and families with two or more children. Bill No. 583192-6, which provides for the possibility of buying a domestic car for funds from the capital, was submitted to the Cabinet of Ministers for consideration.

Despite the hopes of the certificate holders, the proposal was rejected as inconsistent with the Constitution and the regulations of the State Duma.

Acquisition of a land plot or summer house

The Basic Law on Mother Capital provides improvement of living conditions families at the expense of funds allocated by the state. However, neither the plot nor the dacha can explicitly and immediately affect the comfort and living conditions of the family, since:

even if the site is purchased for the construction of a residential cottage, it is unlikely that the average family will be able to complete the construction in the near future;
in the country in most cases it is impossible to live all year round, but only during the warm season.

For those who are interested is it possible to buy a dacha with maternity capital, it is better to look for a house suitable for permanent residence.

Attention

Can't use purchase certificate plot without buildings... A capital house should be located on the land - only then the transfer of funds will be approved by the FIU, and the cost of the land plot itself is by means of a certificate not paid.

The difference between a summer cottage and a full-fledged residential building is as follows:

The house is located on a plot for individual residential development... Summer cottage - in a summer cottage or allotment for garden construction.
The residential building has capital solid foundation and walls, while the construction of the summer cottage is lightweight.
The house has at least plumbing, heating and electricity... In a country house, they are not always provided.
The principles of state registration of these two types of buildings in Rosreestr differ.

In 2013-2014 The State Duma considered bill No. 353194-6, which provides for the expansion of measures of state support for children. He gave affirmative answers to the following questions:

is it possible to buy a land plot for maternity capital;
is expensive treatment possible for women and children;
whether it will be allowed to carry out repairs and supply communications at the expense of this money.

Apartment or house renovation certificate

In the above-mentioned and not adopted bill No. 353194-6, as well as in another bill No. 218827-6 and some others, it was envisaged to allow the use of family capital for repair work, as well as to resolve the issue of supplying communications to houses and old apartments (for example, not equipped with gas or hot water supply). This is important for the comfort of families with children, because it significantly affects not only comfort, but also children's health.

Attention

The overhaul of a residential building improves the living conditions of its owners. However, he does not fundamentally solve the problem complete lack of a place where the family will live. That is why the repair is not included in the list of possibilities for using the mother capital. Funds from the federal budget intended for the owner of the certificate cannot be spent on major or regular repairs.

According to the law, matcapital can be used for the construction and reconstruction of housing... Reconstruction differs from repair by such indicators:

During reconstruction the planning scheme of the building is changing- the size, area and number of rooms, the transfer of walls and partitions, cutting openings are carried out. For example, an attic is being built, a balcony is attached, or a large room is divided into several partitions. Repair does not provide for such things.
Reconstruction involves a change in the purpose of the premises or the whole building. For example, a warehouse or store is transferred to the category of an apartment, which is impossible during renovation.

That is, if a redevelopment is planned in the dwelling, it will be classified as reconstruction (and will require agreement with the BTI). It will be possible to receive a refund for it at the expense of the mother capital if at the same time the living area increases by an amount not less than the calculated norm. If ordinary plastering, insulation, replacement of windows or roof rafters, crack filling are planned, these works will be referred to as repair works.

Personal loan secured by maternity capital

The opportunity to take out a consumer loan would have a positive effect on the level of the family's well-being, and would also allow the use of funds by those families who don't have extra money, for example, for the purchase of housing. Often the mother capital is not used precisely for these reasons: the retirement or education of children is not coming soon, and there is not enough money for a loan or purchase of living space.

It often happens that consumer or non-targeted loans are taken by families due to the impossibility of obtaining funds from the bank specifically for an apartment. Even if the FIU manages to provide evidence that the money was spent on the purchase of an apartment, usually matkapital not allowed to use to repay no mortgages.

There are precedents when families managed to prove in court the use of a consumer loan for the purchase of housing. This has set forensic precedents, but it's best not to waste your time on such evidence.

Attention

In this regard, buy household appliances and other things on credit at the expense of the federal mat. capital will not work. It is also impossible to return a loan taken for real estate renovation at the expense of it - all this not provided by law... At the moment, for consumer purposes, you can successfully use only funds from regional family capitals, and then only in some regions.

Conclusion

One of the innovations among the possibilities of using matkapital in 2016 was the right to dispose of it for the purchase of goods and services intended for the social adaptation and integration of children with disabilities into society. In addition, since 2015, the funds under the certificate can be used for the first installment on a loan (mortgage), without waiting for the 3rd birthday of the child.

Otherwise, the targeted spending of funds remained the same as the year before: the purchase, construction and reconstruction of residential premises, the upbringing or education of children, a contribution to the funded part of the pension. The State Duma is also considering other uses of funds that provide a federal certificate. But so far they are not allowed to be used for any needs other than those listed.

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Maternal (family) capital: concept and its meaning

The concept of maternity (family) capital and its legal regulation

Maternal (family) capital is a form of state support for Russian families raising children. This support is provided from January 1, 2007 to December 31, 2016 for the birth or adoption of a second, third or subsequent child who has Russian citizenship, provided that the parents did not use the right to additional measures of state support.

Maternity capital as a legal concept appeared in Russian legislation after the adoption of the Federal Law of December 29, 2006 No. 256-FZ (as amended on July 28, 2012) "On additional measures of state support for families with children" (hereinafter - the Law on Family Support).

State support is provided to women who have given birth (adopted) a second child starting from January 1, 2007; women who have given birth (adopted) a third and subsequent children starting from January 1, 2007, if they have not previously used the right to additional measures of state support; men who are the only adoptive parents of the second, third or subsequent children, who have not previously exercised the right to additional measures of state support, if the court decision on adoption entered into force starting from January 1, 2007. If these persons have died or their right to additional measures of state support terminated for other reasons, the right to receive additional measures of state support arises, respectively, from the father (adoptive parent) of the child or from the child (children in equal shares).

Note that in the Family Support Law, the right to additional measures of state support arises upon the birth (adoption) of a child (children) not only for women, but also for men. In particular, men who are the only adoptive parents of the second, third and subsequent children have such a right, if the court decision on adoption entered into legal force starting from January 1, 2007. In the event of the death of the mother, her being declared dead, deprivation of parental rights, as well as in case of cancellation of adoption, the father (adoptive parent) of the child has a corresponding right to receive additional measures of state support. Thus, both man and woman, in principle, have equal rights in this area.

The emergence of the maternity capital program in our country could not but have an impact on the legal system. Considering maternity capital through the prism of the branch of social security law, it is necessary to determine its place in the system of types of social security, how much it fits into the existing system of social security. In this case, one should proceed from the fact that any branch of law basically has fundamental principles that determine the structure of the entire industry and determine the content of its norms. Regulation of relations on social security is carried out on the basis of the principles of universality of social security; differentiation of types, conditions and level of security depending on labor input, reasons, need and other socially significant circumstances; guaranteed social assistance in cases where a person needs it due to circumstances recognized as socially significant.

T.S. Guseva points to the impact of the demographic function of social security law on the structure of the industry. New guidelines entail a change in the institutional structure of the branch of law: the emergence of new institutions, a significant renewal of the old ones. At the same time, the existing institutions of the system of social security law are becoming more complex, which have already developed at the time of the actualization of the demographic function - pensions, benefits, social services, state social assistance. Changes in the demographic function entail structural changes in the branch of legislation. The introduction by the legislator of additional measures to support families with children entailed "the emergence of a new subinstitute in the structure of the institution of benefits and social payments - maternal (family) capital" (we emphasize that one should not confuse maternity capital and payments at childbirth, child benefits, child benefits).

Some researchers (A.N. Akhmedshina, Yu.B. Korsanenkova) adhere to the point of view that maternity (family) capital is a new type of social security: “... this measure is an absolutely new type of security, both in terms of content and conditions of provision. In particular, until now, social security has been provided in the form of cash payments (pensions, benefits) or in-kind services (prosthetics), and maternity capital cannot be obtained in money, although it is expressed in rubles. "

But there is also another opinion. So, T.S. Guseva substantiated that the targeted nature of the use of this cash payment brings the maternal (family) capital closer to such a type of social payments as subsidies, similar features are the non-cash form of provision and financing of social payments from budget funds, it would be more correct to use the concept of "multi-purpose subsidy ".

T.S. Guseva determines the place of the norms governing relations regarding the provision of maternal (family) capital in the system of the branch of social security law, believing that they are "united in a sub-institution, which is an integral part of the institution of social payments."

It seems important to consider some of the legal relationship arising in connection with the maternity capital. For example, the ratio of the payment of maternity capital funds from the budget to repayment of a mortgage loan. It can be considered as a simple legal relationship, the subjects of which are the state represented by the bodies of the Pension Fund of the Russian Federation (PFR) and the bank, which receives maternity (family) capital funds in repayment of the loan. The grounds for its occurrence will be the legal structure: a loan agreement for the purchase of housing, the presence of debt under a loan agreement, the presence of a state certificate for maternity (family capital), presentation of a certificate to the bodies of the Pension Fund of the Russian Federation in order to repay the loan agreement, ownership of the acquired residential premises from the person who owns the certificate, the obligation of the person who owns the dwelling to register the said dwelling in common ownership. However, in its expanded form, such a legal relationship will be a complex of a number of simple legal relationships, in particular:

Relationship to obtain a certificate,

Relationships for obtaining a loan for real estate,

Relationships for the repayment of a loan for real estate by means of maternity capital.

Today, this measure of stimulating the process of increasing the birth rate (maternity capital) is largely criticized. Indeed, maternity capital as a measure of social support for families with children has some aspects that significantly reduce its effectiveness.

Maternity capital comes into conflict with strong discrimination of desired reproductive behavior: “Large families are attributed with negative labels that do not always coincide with the real state of affairs: such families are often associated with poverty, low social status, low intellectual development. ... Maternity capital stimulates the development of a traditional, patriarchal, children or even a large family, since its use is effective in most cases when there is a male breadwinner in the family. "

It is indicated that "this measure is not supported by the state provision of equal opportunities in the upbringing of children." In addition, "it is not embedded in the general neoliberal institutional design of social policy, which involves minimizing government support and targeted assistance to vulnerable groups. As a result, maternity capital is increasingly perceived as an ideology (or even a slogan) ..."

The provision of additional state support measures to families with children in the form of the right to maternity (family) capital is based on two circumstances:

Birth (adoption) of a second and subsequent child;

The time period during which this happened is from January 1, 2007 to December 31, 2016.

The Constitutional Court of the Russian Federation expressed its position on this issue: citizen G., who gave birth to her third child in 2004, challenged the constitutionality of certain provisions of the Law on Family Support, incl. and the application of the Family Support Law to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2016. ) capital is objectively not justified and violates the principle of equality of all before the law, which does not correspond to Art. 19, 38, 55 of the Constitution of the Russian Federation. The Constitutional Court of the Russian Federation refused to accept the complaint for consideration due to the lack of jurisdiction of the issue raised in it. In his opinion, the decision of the issue of the operation of the law in time, including giving it retroactive force, is the prerogative of the legislator, and specific measures of social support for families and children in accordance with Art. 39 of the Constitution of the Russian Federation are established by federal laws and laws of the constituent entities of the Russian Federation.

But in judicial practice there are examples when, in fact, the birth of a child took place before January 1, 2007. So, by the Decision of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 06/03/2011 No. 4-В11-15, the right of a citizen to receive a certificate was recognized, even if her the child was born before January 1, 2007. The citizen was denied a state certificate for maternal (family) capital. The reason is that her second child was born before January 1, 2007. The Judicial Collegium for Civil Cases found that there were no grounds for refusal, and explained the following: “The law on additional measures of state support for families with children provides that the right to such measures occurs in women who have given birth (adopted) a second child since January 1, 2007. Meanwhile, in the case under consideration, it was necessary to take into account that the second child of the plaintiff was born prematurely (due to emergency medical indications), i.e. for reasons beyond her control. In case of a favorable pregnancy outcome, the child should have been born after January 1, 2007 ”. Taking this into account, in the opinion of the collegium, there was no reason to deprive the plaintiff of the right to receive a state certificate for maternity (family) capital.

We also note that at the moment the question of the fate of maternity capital in the event of a family breakdown has not been determined in any way. For example, the spouses divorced the marriage, questions arise about who the children will live with and about the division of jointly acquired property. In particular, the certificate was issued to the mother of the children, and the children, according to an agreement or a court decision, will live with their father.

There can be at least the following ways to solve the problem:

When establishing the regime of maternity capital funds as a measure to support a woman, the spouse cannot apply for them,

If we consider them as a means of supporting the family, then he can raise the question of its share, in particular, when directing capital to improve housing conditions.

There may be a third solution to the problem: “the right to family capital follows children, that is, with whom the children live, that has the right to dispose of them. "

The right to additional measures of state support arises for a woman who has given birth (adopted) a 2nd child starting from January 1, 2007, and can be exercised no earlier than after 3 years from the date of birth (adoption) of the 2nd child. It follows from this that the right to maternity capital depends only on the number of births (adoptions) of children, and not on the actual number of living children. In practice, this may lead to situations where families are supported, which, in accordance with the purposes of the Family Support Act, should not be eligible for support.

For example, a woman gave birth to two children, but one of them died, nevertheless, with the birth of a second child and the expiration of three years after his birth, she is included in the circle of persons entitled to maternity capital. Despite the exclusivity of such cases, we consider it unjustified to “tie” the right to receive maternity capital to the number of childbirths. A similar situation may arise when the adoption is canceled, if the woman has already received a certificate, or perhaps has exercised this right. The right to maternity capital should be recognized only if there are living children at the time of the exercise of the right to dispose of capital. At the same time, in relation to the second (subsequent) child, it is necessary to provide for a provision on reaching the age of three or another, which must be determined based on the purpose of the adoption of the Law on Family Support.

At the same time, despite the existing criticism of certain provisions of the Law on Family Support, nevertheless, after the message of the President of the Russian Federation V.V. Putin that the effect of maternity capital will last only until 2016, the deputies of the State Duma of the Russian Federation thought about the newly discovered problems of the demographic crisis. Many deputies believe that the lack of maternity capital will seriously affect the demographic situation in the country, since in 2017, in the absence of financial assistance, Russian women will again begin to give birth less.

According to I. Sokolova, deputy chairman of the Duma Committee on Family, Women and Children, the abolition of maternity capital will again put Russia in a difficult demographic situation. In view of this, in the State Duma of the Russian Federation today, a proposal is being developed to extend the validity of maternity capital for at least another 9 years, until 2025. I. Sokolova does not deny that the funds allocated for maternity capital cause significant damage to regional budgets, therefore she ordered the preparation alternative ways to stimulate the birth of the 2nd and 3rd child.

The draft federal budget for 2014 did not bypass the indexation of maternity capital. For 2014, the budget has allocated more than 140 billion rubles for these purposes.

Today, in many constituent entities of the Russian Federation, laws have been enacted that regulate the right to receive regional maternity capital. It is provided only to citizens of the Russian Federation who are registered at the place of residence in the territory of the constituent entity of the Russian Federation, which pays regional maternity capital. The amount of capital in each region is different, as well as the purposes for which this capital can be spent. “The number of children in a family also differs, for the birth (adoption) of which a certificate for regional maternity capital is issued, in some regions already for the birth (adoption) of a second child, in some - a third”.

Regional maternity capital in the Republic of Mordovia is paid in case of birth in a family after January 1, 2012, the third and subsequent child. The size of the regional capital is 40,789 rubles. The regional maternity capital will be paid in the form of a lump sum payment upon reaching the third or subsequent child of two years of age.

The benefits will be indexed annually. The family can use the regional maternity capital at its discretion. In this case, the regional administration did not impose restrictions on the scope of the regional generic certificate. In the regional budget for 2012 - 2013. an amount of 181,608.6 thousand rubles was pledged for payments of benefits and regional maternity capital, a similar amount is planned for 2014, it is this year that the first payments of regional maternity capital in the Volgograd region will fall.

Note, however, that at a meeting with the President of the Russian Federation V.V. Putin, dedicated to the issues of demographic policy, the Republic of Mordovia sounded among those regions where the regional authorities established an insignificant amount of maternity capital. As reported by the Vysota 102 news agency with reference to the transcript of the meeting, the matter concerns the regional maternity capital, which is paid in addition to the federal one.

In particular, Vladimir Putin said that “in most of the constituent entities of the Federation, regional maternity capital has been introduced, while its size from region to region, unfortunately, differs - and differs significantly, at times ... Considering the effectiveness of such a measure as maternity capital, I asked the heads of the regions should think about what can be done additionally in this direction ”.

So, maternity (family) capital is the funds of the federal budget transferred to the budget of the Pension Fund of the Russian Federation for the implementation of additional measures of state support established by the Law on Family Support. This is a form of state support for families with children. It has been carried out since 2007 at the birth (adoption) of the second (third or subsequent - only if they have not previously exercised the right to additional measures of state support) of a child in the period from 01.01.2007 to 31.12.2016 who has Russian citizenship. In accordance with the current legislation, the right to receive maternity capital are: a woman who has Russian citizenship who has given birth (adopted) the 2nd or subsequent children starting from 01.01.2007; a man who has Russian citizenship, who is the only adoptive parent of the 2nd or subsequent children, if the court decision on adoption entered into force starting from 01.01.2007; the father (adoptive parent) of the child, regardless of the Russian citizenship, in the event of termination of the right to additional measures of state support for the woman who gave birth (adopted) children, due, for example, to death, deprivation of parental rights in relation to the child, in connection with the birth (adoption) of which the right arose to receive maternity capital, to commit a deliberate crime against a child (children); a minor child (children in equal shares) or a child studying full-time until he reaches the age of 23, upon termination of the right to additional measures of state support for the father (adoptive parent) or a woman who is the only parent (adoptive parent). In confirmation of the right to receive maternity capital funds, a state-recognized certificate is issued.