One of the features of the Russian Federation is a complex retirement system. There is a specialized legislative document that denotes all highlights.
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Which one or otherwise connected with pension insurance. Reform relatively recently had the reform of the country's pension system.
A special banal system has been introduced on the basis of which the process of accrualing pension balls is carried out.
You need to get acquainted with the legislation not only to citizens who will be retired soon. But also everyone who lives and gets wages within the Russian Federation.
On the this moment Reforming the pension system is still continuing. That is why it is important to be aware of all innovations. Since otherwise difficulties may arise in the pension.
Highlights
There is also a mandatory insurance compensation. It is accrued when performing separate important moments. First of all it concerns just in.
It is important to note that the pension itself will be accrued only if it was done a certain value insurance contributions - to the Pension Fund of the Russian Federation.
At the moment, this question is affected by. An employer, besides, it will be necessary to implement the registration process accordingly.
As well as removal from such registration - as needed. This moment is affected by.
Participants in compulsory pension insurance have certain rights and obligations. All such moments are reflected in this legislative document.
Knowledge of basic regulatory documents Allows you to avoid many difficulties, problem situations. And also independently protect your own rights.
If any difficulties arise - it is necessary to contact the FIU. If in pretty order Allow the problem fails - you need to go to court.
Law 167-FZ on compulsory pension insurance
Today, the process of issuing a pension has its subtleties, features. The amount of funds that are credited to the Special Fund may vary.
Moreover the state budget It does not participate in the formation of pension calculations.
That is why the funds of state and non-state accrual pension savings Called "not budget".
To the main issues, to familiarize themselves with which the following must be obtained:
- general provisions;
- types of pension calculations;
- who is participants in the OPS system;
- individual accounting.
General provisions
Today, the use of the pension system in order to obtain a pension is possible by the following persons:
- citizens of the Russian Federation;
- not citizens of the Russian Federation, but on the territory of the country officially (the employer makes the appropriate deductions in favor of the FIU).
It is worth noting that funds are obliged to list all the employers of our country. Since they act as tax agents In the case under consideration.
Accordingly, in addition to deductions in favor of the budget tax payments It is necessary to make appropriate contributions. And not only in the Pension Fund of the Russian Federation.
But also in various other state extrabudgetary funds. The list includes in addition to the FIU also FSS (fund social insurance), as well as OMS (Mandatory Medical Insurance).
Types of pension calculations
Today there are several different species Pension calculations:
- insurance pension;
- according to state security;
- accumulative pension.
Under the insurance pension implies a certain monthly cash payment. It is accrued to compensate for the salary of a citizen or other income - who previously received a citizen when conducting his own work.
Video: Why it is important and profitable to conclude a compulsory pension insurance contract with NPF
Also paid in case of loss of income in the event of an accident.
The accumulative pension is certain accruals that accumulate directly from the employer's payments in favor of the FIU.
At the moment, the accumulation process takes the work of a specific citizen's work.
Payments are mandatory, are accrued in all employees - individuals who are officially officially. Sets mandatory conclusion.
Who is a member of the OPS system
Participants in the system of the mandatory pension system are not only the recipients themselves, such a pension, but also employers - obliged to carry out relevant deductions.
In addition, the participants of this system are non-state private pension funds - which are investing in the funds of citizens.
If necessary, it is possible to carry out independently individual monitoring of the presence of certain savings.
Individual accounting
Today in the FIU, it will be possible to carry out an independent process of monitoring all the movements of funds. It is important to note that this process has its subtleties and features.
New provision of mandatory pension insurance - This is a reform, as a result of which the entire population becomes insured. Everyone who became a member of the formed insurance company is provided by individual facial account (NLS) with a permanent number, which opens the pension fund.
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During the labor period of the insured, employers, accrunetary and paying wages, are obliged to list part of money earned in the form of insurance premiums for the formation of labor cash security For long service.
The concept of compulsory pension insurance
The adopted rules of compulsory pension insurance in the Russian Federation are basic measures in the system of state events that have a goal to compensate for the population by their payments. This measure is fixed in the Russian Federation organizational, legal and financial base.
In addition, these settings are defined:
- legal status those who represent potential entities of compulsory pension insurance;
- the procedure for the implementation of obligations and rights;
- responsibility of representatives of all groups of compulsory pension insurance.
Representatives of the obligatory pension insurance departments can be the units of the state apparatus, endowed with the functions of power and management. Federal law identified that the Pension Fund and its territorial importance departments, which are state institutions, must submit an insurer under the context of a new reform.
Status of insured persons the federal law No. 167-FZ empowers Russian citizens, representatives of the citizens of other countries living in the territory of the Russian Federation and persons who do not have citizenship by the status of the insured.
The following citizens categories are insured:
- individual entrepreneurial persons;
- members of agricultural enterprises;
- family communities of the peoples of small numbers whose representatives are the peoples of the North;
- representatives of employees in the field of labor agreement with the employer;
- working outside the Russian state, regularly listed insurance premiums.
Federal law is also allowed by the assignment by the policyholders special non-profit organization – pension Fund Non-state meaning.
Subjects of mandatory pension insurance
Purified new law about monetary compensation Lost earnings determines the rights, circle of responsibilities, the obligation of representatives of participants in the implementation of this event. This state measure determines the federal state power with all the institutions as subjects of this event as subjects.
- enterprises and organizations;
- individual entrepreneurs.
The role of insurers in the new reform is given:
- Pension Fund of Russia;
- a special type of non-commercial structure is a non-state pension fund.
The Insurer law is endowed with the following rights:
- conduct inspection of the order and correctness of all financial revenues and expenses, documents relating to information on insured subjects;
- require steady elimination of all identified disorders, errors and shortcomings from officials any level;
- receive information and present it in any amount in the tax authorities, only information containing a commercial secret is subject to exception;
- control and monitor the main financial plan Pension Fund;
- appear before insured with the protection of the interests of the insured;
- if necessary, the insurer is assigned the obligation to return insurance payments.
The obligations of the insurer are also determined by the current laws. new system material support for long service:
- control the timely accrual and payment of insurance premiums;
- count, establish and explain the amount of insurance transfers;
- charge, revise and follow the timely payment of labor accounts and all expenses related to the costs of them;
- check the documents provided for the appointment of compulsory insurance coverage, as well as to control it recalculation;
- participate in the compilation and implementation of the financial plan of income and expenses of the Pension Fund;
- in obligatory provide the necessary information to policyholders and insured persons;
- take into account and control the incoming funds of compulsory pension insurance;
- carry out mandatory control over the incoming accruals and their targeted use;
- registration and deregistration of insured persons;
- the legal relations of insured persons and insurers should consist in the state database, the control of information about all categories of the insured is assigned to the insurers of the new current monetary security insurance system for long service;
- spend free consultations and inform the insured persons and insurers through the territorial bodies on all issues of pension insurance;
- conduct work on the development of money supply insurance, which compensates for the loss of earnings with foreign organizations.
Federal law and all available acts of legislation of this reform of pension insurance provide for a number of provisions that the insurer carries in the event of a violation of the established provisions:
- mandatory refund of payment policyholders established by the insured persons;
- maintain information communication with government agencies local organizations According to self-government and maintain documentation, taking into account the requirements of existing legislation:
- Federal Law N 1-FZ "On Electronic digital signature", Federal law,
- N 149-FZ "On information, information technologies and information protection",
- Federal Law N 152-FZ "On Personal Data".
Third, they are the main participants of the state-developed tactics to protect the mandatory pension insurance of the person, these are subject to Russian Federation, as well as foreign subjects that have permanent permission or temporary accommodation on russian territory. Do not make up exceptions and persons who do not have Russian citizenship.
Choosing a pension option
Citizens born from 1967 and the following years on the basis of joined legal force Federal decrees have the right to choose the insurance premium of a certain tariff for the accumulative part of the labor security for long service. It applies to the population installed years birth registered in the departments of the FIU.
Money Property Options:
- continue to create a storage part of the money supply for long service, adopting a 6% tariff of insurance premiums;
- to send existing insurance premiums to the development of the insurance type of pension, while the process of the formation of a cumulative pension is terminated.
All insurance premiums from 2014 to 2015 are aimed at the formation and development of insurance pension, recorded in the form of personal coefficients of future monetary security for long service.
The investment of funds registered on the individual personal account of citizens in the FIU or NPFR continues the insurers of compulsory pension insurance (OPS) and in the appointment of the cash benefit will be paid to the insured person.
What value is the accumulation pension
The preservation of a cumulative pension takes every citizen, considering this option after a thorough comprehensive study of this issue.
Current opportunities:
- the cumulative part of the pension can be manipulated, NPF or the selected Criminal Code to invest accumulated funds;
- accumulated pension funds may be inherited by law by the defenders of the insured person;
- the accumulative part of the pension is a cash attached to an individual account, while insurance premiums only form the right to receive it.
- pension non-governmental fund;
- managing private company.
The submitted statement to the local pension fund will determine the amount of deductions for a cumulative pension.
For those who do not provide a selection application management company or pension non-state fund until December 31, 2015, there will be a cessation of the formation of savings. Those contributions to be listed by the employer will form an insurance pension.
Social pensions
Categories of citizens who are not able to earn a labor pension are provided social species Pensions. This guaranteed solid amount that is not associated with labor experiences insurance premiums is paid from public funds.
Addresses of such support state are:
- disabled III, II, I degree;
- disabled from children's years;
- children who have lost their parents under the age of eighteen and the children of the dead mother's mother;
- persons of old age.
For all groups of persons with disabilities, the calculation of the amount of cash benefits is performed in the following order:
- Old-age pension (age category 60 and 55 years) in 100% of the base is prescribed:
- representatives of the peoples of the North, having a category of small population, aged 55 and 50 years;
- persons aged 65 and 60 years who do not have the right to receive money compensating for the loss of earnings;
- disabled in the restricted disability of the second degree;
- syroids who have lost one of the parents must be provided with a monetary benefit of at least 470 rubles per month.
- 100% main part size labor pension To ensure persons with disabilities of the following groups:
- persons with disabilities III and II groups who are not able to do a full-fledged labor activity From childhood,
- persons with the III group of disability with the limited opportunity of work;
- disabled children;
- children who have become full orphans under the age of 18;
- children of the dead mother's single.
- 85% of the base part of old-age pensions (60 and 65 years) are charged with disabled I groups with limited features Perform labor functions.
Recalculation and indexation of pensions
So far russian legislation Perform an annual indexation of labor cash benefits, focusing on growth rates subsistence minimum last year's period. Pension appointment is made according to a person who has the right to receive it.
If necessary, recalculation of cash benefits or transfer it to another species is also carried out by a personal statement by the pensioner.
Each type of pension has a certain period of validity:
- permanently prescribe old age pensions, for work experience in a certain area;
- monetary manual for disability is valid for the term defined by it;
- payments related to the loss of the breadwinner are appointed to the term of reaching a member of the family of the deceased majority.
The procedure for circulation of insured persons for the appointment and payment of accumulated funds
The procedure for paying pension savings with the formation of a new law on pensions has no change. No more than ten days are given for consideration of the application for the accumulative part of the monetary benefit or urgent pension payments.
For the payment of one-time accumulation of pensions, no more than two months is given, counting on the date of the positive decision. Accumulative pension And the payments due must be received by the applicant within the current month. At the same time, the insurance pension should be paid.
The answer to this question will provide FZ-167. Some of his provisions will be considered in the article.
What is the law?
What relationship regulates FZ-167 "On compulsory pension insurance"? Article 1 of the presented regulatory act refers to legal relations in the field of the occurrence and implementation of rights, duties and certain types of responsibility of subjects of obligatory insurance. And what is pension insurance? The law speaks of a combination of organizational, legal and economic measures, which are aimed at obtaining a citizen earning after the relevant registration process.
The most important element in the pension insurance system is pension provision. The speech here is about the fulfillment by the insurer of their duties on the issuance of payments. At the same time, the funds of pension insurance are finance managers in the insurer. The insurer, in turn, is the Russian Pension Fund.
On the powers of the state
Despite the fact that most of the functions are implemented from the system of the Russian Pension Fund, the source of all powers are federal authorities. What kind of functions of state institutions are worth allocating? This is what the article 3.1 FZ-167 enshrines:
State bodies can also carry out some other functions that meet the provisions of FZ-167.
Subjects of pension insurance
Chapter 2 of the FZ-167 "On Compulsory Pension Insurance" contains the main subjects of the entire system under consideration. Immediately it is worth noting that subjects here are only three: insurers and insurers.
What can I tell about the insurer? According to the law, so call legal entities implementing processes state insurance. The insurer can be called as himself and non-state funds pension character.
Insurers can act legal entities and individuals, as well as individual entrepreneurs. Insurers are referred to as persons who voluntarily agree to join the legal relations under consideration.
Article 7 of the FZ-167 speaks of insured persons. According to the law, so call the citizens who are already subject to compulsory insurance of pension type. The law is given detailed information About what exactly the insured citizens can be: for example, entrepreneurs, representatives of small communities, clergymen, persons who have entered into an employment contract, etc.
On the Rights and Responsibilities of Pension System Subjects
Chapter 3 "On Compulsory Pension Insurance" provides the main powers and responsibilities of each subject of the pension system. So, the insurer is able to manage the funds of the FIU and require their superiors corresponding to work conditions. Its responsibilities include the implementation of the control over the correctness of the information provided, as well as timely and high-quality work with existing financial resources.
Insureders are able to appoint their representatives to apply to court instances, pay contributions and receive all the necessary information from the insurer. If we talk about the duties, then it is necessary to allocate here a timely payment of the relevant contributions, the fulfillment of the requirements of representatives of the FIU, ensuring the realization of the rights of insured persons and some other functions of a mandatory nature.
The insured persons have the opportunity to receive insurance provision in a timely manner in full, as well as defend their freedoms and interests. At the same time, their responsibilities include the insurer of relevant documentation, as well as compliance with the conditions established for recalculating and paying compulsory insurance.
About financing
It is easy to guess that the financial support of the entire system under consideration is possible only at the expense of the pension budget russian Foundation. Article 16 of the FZ-167 "On Pension Insurance of Mandatory Character" reads about this.
All funds of the FIU are the property of the Federation. They are not subject to withdrawal and are not part of other budgets. In order to form a pension budget, it is necessary to competently balance all costs and income. Annually, the Government of the Russian Federation approves a new budget SystemIn accordance with which all further functions are implemented.
Insurance rates
Article 22 of the FZ-167 (2001) "On Compulsory Pension Provision" contains information on the insurance premium tariff. According to the regulatory act, the determination of the amount of insurance premiums against the insured persons is implemented by the FIU on the basis of an individual type accounting.
In this case, it is necessary to take into account a number of tariffs, depending on the age of citizens. Depending on whether a person was born before 1966, and retirement support will be established. In this case, all insurance premiums that were calculated above fixed contributionwill be aimed at financing the accumulative part of the labor type pension.
Changes and corrections
This Federal Law establishes organizational, legal and financial basics compulsory pension insurance in the Russian Federation.
Chapter I. General
Article 1. Subject of legal regulation
This Federal Law establishes the foundations state regulation Compulsory pension insurance in the Russian Federation regulates the legal relations in the system of compulsory pension insurance, and also determines the legal status of the subjects of mandatory pension insurance, the basis of the emergence and procedure for the implementation of their rights and obligations, the responsibility of the subjects of mandatory pension insurance.
Article 2. The legislation of the Russian Federation on compulsory pension insurance
The legislation of the Russian Federation on compulsory pension insurance consists of the Constitution of the Russian Federation, this Federal Law, the legislation of the Russian Federation on taxes and fees, federal laws "on the basics of compulsory social insurance", "On labor pensions in the Russian Federation", "on the management of state pension funds Provision (insurance) in the Russian Federation "and" on individual (personified) accounting in the system of state pension insurance ", other federal laws and regulatory laws taken in accordance with them.
The legal relations associated with the obligatory pension insurance in the Russian Federation at the expense of the budget of the Pension Fund of the Russian Federation, including at the expense of the funds sent to the budget of the Pension Fund of the Russian Federation from the federal budget in accordance with this Federal Law, are regulated by the legislation of the Russian Federation.
Legal relations related to the payment of mandatory payments for compulsory pension insurance, including in terms of monitoring their payment, are governed by the legislation of the Russian Federation on taxes and fees, unless otherwise provided by this Federal Law.
In cases where the international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, the rules of the International Treaty of the Russian Federation are applied.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
compulsory pension insurance - a system of legal, economic and organizational measures created to compensate for citizens to make earnings (payments, remuneration in favor of the insured person) obtained by them before establishing compulsory insurance coverage;
mandatory insurance provision - execution by the insurer of its obligations to the insured person when insurance case Through the payment of a labor pension, social benefits for the burial of dead pensioners who did not work on the day of death;
funds of compulsory pension insurance - cash that are in the management of the insurer on compulsory pension insurance;
budget of the Pension Fund of the Russian Federation - form of education and spending money on the purpose of compulsory pension insurance in the Russian Federation;
mandatory payments - insurance premiums for compulsory pension insurance;
insurance premiums for compulsory pension insurance (hereinafter - insurance premiums) - individually compensated obligatory payments that are paid to the budget of the Pension Fund of the Russian Federation and whose personal intended purpose is to ensure the right of a citizen to receive a pension on compulsory pension insurance in the amount equivalent to the amount of insurance premiums, accountable on his individual personal account;
cost insurance year - The amount of funds to enter the insured person to the budget of the Pension Fund of the Russian Federation during one fiscal year to pay to this person of compulsory insurance provisions in the amount determined by the legislation of the Russian Federation.
Chapter II. Participants of legal relations on compulsory pension insurance
Article 4. Subjects of mandatory pension insurance
Subjects of compulsory pension insurance are federal state authorities, insurers, insurer and insured persons.
Article 5. Insurance
Mandatory pension insurance in the Russian Federation is carried out by the insurer who is the Pension Fund of the Russian Federation. Pension Fund of the Russian Federation ( state Institution) and its territorial bodies constitute a unified centralized system of management bodies for the means of compulsory pension insurance in the Russian Federation, in which the lower bodies are accountable to higher.
The state is subsidiary responsibility for the obligations of the Pension Fund of the Russian Federation to the insured persons.
The Pension Fund of the Russian Federation and its territorial bodies are valid on the basis of the Federal Law "On Management of Pension Pension Provision (Insurance) in the Russian Federation" and this Federal Law.
The provisions on the territorial bodies of the Pension Fund of the Russian Federation, which are legal entities, are approved by the Board of the Pension Fund of the Russian Federation.
Insurers on compulsory pension insurance, along with the Pension Fund of the Russian Federation, there may be non-state pension funds in cases and procedure that are provided for by federal law. The procedure for the formation of pension savings and investments of these funds in non-state pension funds, the procedure for the transfer of pension savings from the Pension Fund of the Russian Federation and the payment of insurance premiums to non-state pension funds, as well as the limits of the implementation of non-state pension funds of the Insurer's powers are established by federal law.
Article 6. Insured
1. Insured by compulsory pension insurance are:
1) Persons payments to individuals, including:
organizations;
individual entrepreneurs;
individuals;
2) Individual entrepreneurs, lawyers.
If the policyholder simultaneously refers to several categories of insurers specified in subparagraphs 1 and 2 of this clause, calculation and payment of insurance premiums are made to them for each basis.
For the purposes of this Federal Law, private detectives and private practice do notaries are equal to individual entrepreneurs.
2. For the purposes of this Federal Law, individuals will be equal to those who voluntarily entering the legal relationship on compulsory pension insurance in accordance with Article 29 of this Federal Law.
Article 7. Insured Persons
1. Insured persons - persons who are subject to compulsory pension insurance in accordance with this Federal Law. The insured persons are citizens of the Russian Federation, as well as those living in the Russian Federation foreign citizens and stateless persons:
working under an employment contract or under a civil law agreement, the subject of which are the performance of work and the provision of services, as well as on the author's and license agreement;
independently providing themselves with work (individual entrepreneurs, private detectives engaged in private practice notaries, lawyers);
who are members of the peasant (farmer) farms;
working outside the territory of the Russian Federation in case of payment of insurance premiums in accordance with Article 29 of this Federal Law, unless otherwise provided by the International Treaty of the Russian Federation;
who are members of the generic, family communities of the small peoples of the North, which are engaged in traditional branches of business;
2. The right to compulsory pension insurance in the Russian Federation is being implemented in the case of payment of insurance premiums in accordance with this Federal Law.
Article 8. Insurance Risk and Insurance Case
Insurance risk For the purposes of this Federal Law, the loss of the insured person of earnings (payments, remuneration in favor of the insured person) or other income in connection with the onset of the insured event is recognized.
Insurance case for the purposes of this Federal Law recognize the achievement of retirement age, the offensive of disability, the loss of the breadwinner.
Article 9. Mandatory Insurance
1. Mandatory insurance provision on compulsory pension insurance are:
insurance and accumulative parts of an old-age labor pension;
insurance and accumulative parts of the labor pension;
insurance part of the labor pension on the case of the loss of the breadwinner;
social allowance for the burial of dead pensioners who have not worked on the day of death.
2. The establishment and payment of compulsory insurance coverage on compulsory pension insurance is carried out in the manner and under the conditions established by the Federal Law "On Labor Pensions in the Russian Federation" and the Federal Law "On the burial and funeral business".
3. Financing the payout of the base part of the labor pension is carried out due to the sums of the Unified social tax (contribution) enrolled in the federal budget, but financing the payment of insurance and accumulative parts of the labor pension - at the expense of the budget of the Pension Fund of the Russian Federation. At the same time, financing the payment of the accumulative part of the labor pension is carried out in the account of the amounts of pension savings taken into account in a special part of the individual personal account of the insured person.
Article 10. Insurance contributions to the budget of the Pension Fund of the Russian Federation
1. The amounts of insurance premiums received by the Insured person to the budget of the Pension Fund of the Russian Federation are taken into account on its individual personal account.
2. The object of taxing by insurance premiums and the base for accrualing insurance premiums is the object of taxation and the tax base According to a single social tax (contribution) established by Chapter 24 "Unified Social Tax (Contribution)" of the Tax Code of the Russian Federation.
Article 11. Registration of insurers in the insurer bodies
1. Registration of insurers in the territorial authorities of the Insurer is mandatory and carried out in a thirty-day period:
for employers-organizations, as well as peasant (farmer) farms - from the day state registration At the place of their location. Organizations that include separate divisions are recorded at their location, as well as at the location of each of separate divisionsThrough which these insureders pay remuneration to individuals;
for individuals who independently pay insurance contributions to the budget of the Pension Fund of the Russian Federation ( individual entrepreneurs, private detectives, notaries engaged in private practice, and others) - from the date of state registration (obtaining a license for the implementation of certain activities) at the place of residence of these individuals, and in the case of their activities elsewhere - at the place of implementation of this activity;
for individuals who carry out the employment of employees in the employment contract or under the contract, as well as paying remuneration under civil law agreements, which in accordance with the legislation of the Russian Federation are charged insurance premiums - from the date of the conclusion of relevant contracts at the place of residence of physical Persons engaged in employment (paying remuneration).
2. The procedure for registering insurers and persons equivalent to this Federal Law to Insured, is established by the insurer.
Chapter III. Rights and obligations of subjects of mandatory pension insurance
Article 12. Powers of federal state bodies on compulsory pension insurance in the Russian Federation
The powers of the federal state authorities on compulsory pension insurance in the Russian Federation include:
the establishment of the procedure for adopting the budget of the Pension Fund of the Russian Federation and the procedure for its execution;
approval of the budget of the Pension Fund of the Russian Federation and the report on its execution;
determining the procedure and conditions for the formation and investment of funds of pension savings;
determining the storage order of compulsory pension insurance;
managing the system of mandatory pension insurance;
security financial Sustainability and balance of the system of compulsory pension insurance, including by ensuring the receipt of compulsory payments in the amount provided for by the budget of the Pension Fund of the Russian Federation;
determining the procedure for the use of temporarily free funds of compulsory pension insurance;
exercise state Supervision and control over the realization of the rights of insured persons to receive a labor pension, including its accumulative component.
Article 13. Rights, duties and responsibility of the insurer
1. The insurer has the right:
to conduct insured checks for documents related to the appointment (recalculation) and the payment of compulsory insurance coverage, the presentation of information of individual (personalized) accounting of insured persons; demand and receive insurance premiums from payers required documents, certificates and information on issues arising in the course of these inspections, with the exception of information constituting a commercial secret, which is determined in the procedure established by the legislation;
demand from managers and other officials of the audited organizations, as well as from individuals who independently pay compulsory payments, eliminating the violations of the legislation of the Russian Federation on compulsory pension insurance;
receive the tax authorities necessary for the implementation of compulsory pension insurance information on insureders and insured persons, including tax Declaration, and other information that make up the tax secrecy;
to manage the funds of the budget of the Pension Fund of the Russian Federation and control over their expenditure in accordance with the Federal Law "On Management of Pension Pension Provision (Insurance) in the Russian Federation" and the legislation of the Russian Federation;
represent the interests of the insured persons before insured;
return insurance premiums to policyholders in the event that it is impossible to establish, for which insured persons said payments are paid.
2. The insurer must:
prepare the rationale for the size of insurance premium tariffs;
assign (recalculate) and in a timely manner to pay compulsory insurance provision (labor pensions) on the basis of these individual (personalized) accounting, as well as other types of pensions, social benefits for the burial pensioners who have not worked for the day of death;
monitor the validity of the submission of documents for the appointment (recalculation) of the amount of compulsory insurance coverage, including on preferential terms in connection with special conditions labor;
draw up a draft budget of the Pension Fund of the Russian Federation and to fulfill the specified budget;
regularly inform in the prescribed procedure insured, insured persons, state, public organizations about their financial condition and take measures to ensure their financial sustainability;
provide target use means of compulsory pension insurance, as well as monitoring their use;
carry out accounting of funds coming on compulsory pension insurance;
carry out registration of insurers;
keep records of insurance premiums of individuals who voluntarily entered into legal relations on compulsory pension insurance;
to conduct a state data bank in all categories of insured, including individuals who voluntarily entered into legal relations on compulsory pension insurance, individual (personalized) accounting information about all categories of insured persons in accordance with the legislation of the Russian Federation on individual (personalized) accounting in the state system pension insurance;
ensure the mode of maintaining a special part of the individual personal account in accordance with the requirements established by the Federal Law;
ensure timely accounting in the relevant sections of the special part of the individual personal account received insurance premiums for the accumulative part of the labor pension, the size of the prescribed pension and payments at the expense of pension savings;
provide the organization of timely accounting for income from investing compulsory pension insurance in the corresponding special parts of individual personal accounts;
advise policyholders for compulsory pension insurance and inform them of regulatory legal acts on compulsory pension insurance;
organize through its territorial bodies free consultations to insured persons on compulsory pension insurance;
develop international connections in the area of \u200b\u200bcompulsory pension insurance in the Russian Federation.
3. For violation of the provisions of this Federal Law and other acts of the legislation of the Russian Federation on compulsory pension insurance, the insurer is responsible established by the legislation of the Russian Federation.
Article 14. Rights, Responsibilities and Responsibility of Insurance
1. Insureders have the right:
participate through their representatives in the management of mandatory pension insurance;
to receive information on the insurer information on regulatory legal acts on compulsory pension insurance, as well as information on the amount of compulsory insurance coverage paid to the insured persons, for which the insured person paid insurance premiums;
contact the court to protect their rights.
2. The insureders are required:
register in the manner established by Article 11 of this Federal Law;
in a timely manner and fully pay insurance contributions to the budget of the Pension Fund of the Russian Federation and keep records associated with the accrual and transfer of insurance premiums to the specified budget;
submit to the territorial authorities of the Insurer documents necessary for conducting individual (personalized) accounting, as well as for appointing (recalculation) and payments for compulsory insurance coverage;
fulfill the requirements of the territorial authorities of the Insurer to eliminate the violations of the legislation of the Russian Federation on compulsory pension insurance;
perform other duties stipulated by the legislation of the Russian Federation.
3. Insured organizations are obliged to report to the territorial authorities of the insurer at the place of registration:
about adopted in the established manner deciding the organization about its liquidation (reorganization) within three days from the date of decision
on changing constituent documents and accounting details of the organization, its location within five days from the date of making changes and additions.
Article 15. Rights, Responsibilities and Responsibility of Insured Persons
1. The insured persons have the right:
through representative bodies of employees and employers to participate in improving the system of compulsory pension insurance in the Russian Federation;
freely receive information from the employer information about the accrual of insurance premiums and monitor their transfer to the budget of the Pension Fund of the Russian Federation;
timely and fully obtaining compulsory insurance provision at the expense of the budget of the Pension Fund of the Russian Federation;
protect your rights, including in court.
2. The insured persons are required:
consider the insurer containing reliable information documents that are the basis for the appointment and payment of compulsory insurance provisions provided for by this Federal Law;
inform the insurer on all changes affecting the payment of compulsory insurance coverage;
comply with the assignment (recalculation) and payment of compulsory insurance conditions.
3. In case of non-fulfillment of the duties and payments specified in this article in connection with this unnecessary sums From the budget of the Pension Fund of the Russian Federation, the insured persons are responsible in the amount of damage caused by them in accordance with the legislation of the Russian Federation.
Chapter IV. Financial system Mandatory pension insurance
Article 16. Budget of the Pension Fund of the Russian Federation
1. The funds of the budget of the Pension Fund of the Russian Federation are federal property, are not included in other budgets and seizures are not subject to.
2. The budget of the Pension Fund of the Russian Federation is compiled by the Insurer for the fiscal year, taking into account the mandatory balance of income and the expenditures of this budget.
In the formation of the budget of the Pension Fund of the Russian Federation, a regular cash regulation is established for the next fiscal year.
The budget of the Pension Fund of the Russian Federation and the report on its execution are approved annually on the submission of the Government of the Russian Federation by federal laws in the manner determined by the Budget Code of the Russian Federation.
The budget of the Pension Fund of the Russian Federation is consolidated.
3. The budget of the Pension Fund of the Russian Federation separately takes into account the amounts of insurance premiums for the accumulative part of the labor pension, funds sent to invest, payments at the expense of pension savings, as well as the costs of the budget of the Pension Fund of the Russian Federation related to the formation and investment of pension savings funds , conducting a special part of individual personal accounts and the payment of the accumulative part of the labor pension.
4. Mandatory pension insurance funds are stored in the accounts of the Pension Fund of the Russian Federation, open in institutions Central Bank Of the Russian Federation, and in the absence of institutions of the Central Bank of the Russian Federation in the accounts opened in credit organizations, The list of which on a competitive basis is determined by the Government of the Russian Federation.
Payment for banking services For operations with the means of compulsory pension insurance is not charged.
Article 17. Formation of the budget of the Pension Fund of the Russian Federation
1. The budget of the Pension Fund of the Russian Federation is formed by:
insurance premiums;
federal budget funds;
amounts of penis and other financial sanctions;
revenues from posting (investment) temporarily free funds for compulsory pension insurance;
voluntary contributions of individuals and organizations paid by them not as insurers or insured persons;
other sources not prohibited by the legislation of the Russian Federation.
2. Funds of federal budget allocated to pay for the basic part of labor pensions and pensions under state pension provision established in accordance with federal laws "On labor pensions in the Russian Federation" and "On State Pension Provision in the Russian Federation", including the organization of their delivery, on compensation for the payment of insurance premiums for the period of child care until they reach the age of one and a half years and the period of passage military service According to the call in the amount provided for by the Federal Law, as well as the federal budget funds allocated in accordance with paragraph 2 of Article 18 of this Federal Law, are included in the revenue and consumables of the budget of the Pension Fund of the Russian Federation.
The procedure for compensation of these funds is determined by federal law.
Article 18. Spending the funds of the Pension Fund of the Russian Federation
1. The funds of the budget of the Pension Fund of the Russian Federation have a targeted purpose and are sent to:
payment in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation of labor pensions and social benefits for the burial of dead pensioners who have not worked on the day of death;
delivery of pensions paid at the expense of the budget of the Pension Fund of the Russian Federation;
financial and logistical support current activities insurer (including the content of its central and territorial bodies);
other purposes provided for by the legislation of the Russian Federation on compulsory pension insurance.
The costs not provided for by the budget of the Pension Fund of the Russian Federation for the relevant year are carried out only after making changes to the specified budget in accordance with the procedure established by federal law.
2. The funds formed as a result of exceeding the amounts of adventures of a single social tax (contribution) in the part enrolled in the federal budget, on the expenditures carried out on financing the payment of the basic part of the labor pension, are credited to the budget of the Pension Fund of the Russian Federation in full. These funds are spent in the following order:
to reimburse the lack of funds for the Pension Fund of the Russian Federation for the payment of the insurance part of the labor pension;
for an additional increase in the basic part of the labor pension, based on inflation at the next fiscal year.
The procedure for the use of temporary free funds of the Pension Fund of the Russian Federation is determined by federal law.
3. Responsibility for the inappropriate spending of cash of the Pension Fund of the Russian Federation is determined in accordance with the legislation of the Russian Federation.
Article 19. Reserve of the budget of the Pension Fund of the Russian Federation
To ensure in the medium-term and long-term prospects of the financial sustainability of the system of compulsory pension insurance in the event of a budget surplus of the Pension Fund of the Russian Federation, a reserve is created.
The size of this reserve, as well as the procedure for its formation and spending, is determined by the Federal Law on the Budget of the Pension Fund of the Russian Federation.
Article 20. The procedure for the formation and indexation of the settlement pension Capital
Estimated pension capital is formed from total amount Insurance contributions and other revenues on financing the insurance part of the labor pension received for the insured person to the budget of the Pension Fund of the Russian Federation, on the basis of these individual (personalized) accounting, confirmed by the data of the bodies of the Federal Treasury of the Ministry of Finance of the Russian Federation.
Accounting for insurance premiums included in the estimated retirement capital is carried out in the manner determined by the Government of the Russian Federation.
The indexation of the calculated pension capital is carried out in the manner prescribed for indexing the insurance part of the labor pension in accordance with the Federal Law "On Labor Pensions in the Russian Federation".
Article 21. Control over the use of the funds of the budget of the Pension Fund of the Russian Federation
Control over the use of the funds of the Pension Fund of the Russian Federation is carried out by the Accounts Chamber of the Russian Federation in accordance with the legislation of the Russian Federation, as well as the Supervisory Board of the Insurer created in the manner determined by the Government of the Russian Federation.
Chapter V. Payment of Insurance Contributions for Mandatory Pension Insurance
Article 22. Insurance fee rate
1. The insurance premium rate is the size of the insurance premium per unit measurement unit for the accrual of insurance premiums.
2. Unless otherwise provided by paragraph 3 of this article, for the insureders specified in subparagraph 1 of paragraph 1 of Article 6 of this Federal Law, the following fares of insurance premiums are applied:
Table 1.
Table 2.
3. The tariffs provided for in paragraph 2 of this article are applied by the insureders specified in subparagraph 1 of paragraph 1 of Article 6 of this Federal Law, if the requirements established by paragraph 2 of Article 241 of the Tax Code of the Russian Federation.
Article 23. Settlement period
1. Under the estimated period is a calendar year.
The estimated period consists of reporting periods. The first quarter, half-year, nine months of the calendar year are recognized as reporting periods.
Monthly, the policyholder pays advance payments, and at the end of the reporting period calculates the difference between the amount of insurance premiums, calculated on the basis of the base for the accrual of insurance premiums, determined from the beginning of the settlement period, including the current reporting periodand the sum of advance payments paid during the reporting period.
2. If the organization was created after the start of the calendar year, the first time for it is the period of time from the date of its creation until the end of this year. At the same time, the day of creating an organization is recognized as its state registration.
When creating an organization per day, falling during the period from December 1 to December 31, the first settlement period for it is the period of time from the date of creation until the end of the calendar year following the year of creation.
3. If the organization has been eliminated (reorganized) to the end of the calendar year, the last estimate for it is the period of time from the beginning of this year to the day of liquidation (reorganization).
If the organization created after the start of the calendar year is eliminated (reorganized) until the end of this year, the estimated period for it is the period of time from the date of creation before the day of liquidation (reorganization).
If the organization was created on the day falling during the period from December 1 to December 31 of the current calendar year, and was eliminated (reorganized) before the calendar year, following the year of creation, the settlement period for it is the time period from the date of creation before the day of liquidation (reorganization ) This organization.
Article 24. The procedure for calculation, order and timing of payment of insurance premiums by policyholders
1. The amount of insurance premiums is calculated and paid by the insurers separately with respect to each part of the insurance premium and is defined as an appropriate percentage share of the base for the accrual of insurance premiums established by paragraph 2 of Article 10 of this Federal Law.
2. Monthly insurers produce calculating the amount of advance payments for insurance premiums, based on the base for the accrual of insurance premiums calculated from the beginning of the estimated period, and the facility rate provided for in Article 22 of this Federal Law. The amount of advance payment for insurance premiums payable for the current month is determined taking into account the amounts previously paid amounts of advance payments.
Payment by the amount of advance payments is made monthly on time set to obtain funds in the bank to pay for labor over the past month, or on the day of the transfer of funds for labor with the accounts of the policyholder to employee accounts, but no later than the 15th day of the month following the month for which is accrued advance payment In terms of insurance premiums.
The data on the estimated and paid amounts of advance payments, the Insured reflects in the calculation, representing no later than the 20th day of the month following the reporting, to the tax authority in the form approved by the Ministry of the Russian Federation on taxes and fees to coordinate with the Pension Fund of the Russian Federation.
The difference between the amounts of advance payments paid for the reporting (calculated) period, and the amount of insurance premiums payable in accordance with the calculation (Declaration), is subject to pay no later than 15 days from the day established for submission to the calculation (declaration) for reporting (calculated) The period or offset at the expense of the upcoming payments on insurance premiums or return to the policyholder.
At the end of the estimated period, the policyholder submits the insurer the calculation with the mark tax author or with other documents confirming the fact of the presentation of the calculation into the tax authority.
The amount of insurance premiums for compulsory pension insurance is considered to be received from the moment of enrollment to the relevant authority of the Pension Fund of the Russian Federation.
3. The insurers are required to keep accounting amounts of accrued payments and remuneration constituting the basis for accrualing insurance premiums and amounts of insurance premiums related to the specified base, for each individual, in favor of which payments were made.
4. Insureders submit information to the Pension Fund of the Russian Federation in accordance with the legislation of the Russian Federation on individual personified accounting in the system of state pension insurance.
5. Payment of insurance premiums (advance payments for insurance premiums) is carried out by certain payment orders for each of the parts of the insurance premiums in the Pension Fund of the Russian Federation.
6. Insureders represent a declaration on insurance premiums to the tax authority no later than March 30, following the expired settlement period, in the form approved by the Ministry of the Russian Federation for Taxes and Claims in coordination with the Pension Fund of the Russian Federation.
7. In the case of an employee's realization, the right to transfer its savings to the non-state pension fund in accordance with Article 32 of this Federal Law, in accordance with Article 32 of this Federal Law, the payment of insurance premiums to finance the funding part of the labor pension is made in the manner prescribed by the Federal Law.
8. Insured organizations that include separate divisions, pay insurance premiums at their location, as well as at the location of each of the separate divisions, through which these insureders pay remuneration to individuals.
The definition of conditions for the application of insurance premium tariffs is carried out as a whole on the organization, including separate divisions.
Article 25. Control over the payment of insurance premiums
1. Control over the payment of insurance premiums for compulsory pension insurance is carried out by tax authorities in the manner determined by the legislation of the Russian Federation regulating the activities of tax authorities.
2. The recovery of arrears of insurance premiums and penalties is carried out by the authorities of the Pension Fund of the Russian Federation in court.
Article 26. Peni.
1. The execution of the obligation to pay insurance premiums is provided by the pencils.
2. Penia is recognized as established by this article. money amountwhich the insured must pay in case of paying insurance premiums due to the amounts of the deadlines established by this Federal Law.
3. The amount of the appropriate penalties is paid in addition to the payment of insurance premiums due to the payment and independently of the application of responsibility for violating the legislation of the Russian Federation on compulsory pension insurance.
4. Penios are charged for each calendar day of delay in fulfillment of the obligation to pay insurance premiums from the day following the established day of payment of insurance premiums.
Needs are not charged for the sum of arrears, which the insured could not pay off due to the fact that, by decision of the tax authority or the court, the insurer operations in the bank were suspended or an arrest on the property of the policyholder. The application for the provision of a deferment (installments) on the payment of a single social tax (contribution) does not suspend the accrual of pennel to the amount of insurance premiums payable.
5. Penios for each day of delay are determined as a percentage of the unpaid amount of insurance premiums.
The interest rate of the penny is taken equal to one three hundred and the refinancing rate of the Central Bank of the Russian Federation at this time.
6. The amount of the penalty is paid simultaneously with the payment of insurance premiums or after paying such sums in full.
Article 27. Violation of the legislation of the Russian Federation on compulsory pension insurance and responsibility for this
1. Violation by the insured by Article 11 of this Federal Law of registration in the authority of the Pension Fund of the Russian Federation in the absence of signs of violation of the legislation of the Russian Federation on compulsory pension insurance provided for by paragraph of the third present paragraph -
it entails the recovery of a fine in the amount of five thousand rubles.
Violation by the insured by Article 11 of this Federal Law of registration in the authority of the Pension Fund of the Russian Federation for more than 90 days -
it entails the recovery of a fine of 10 thousand rubles.
2. Non-payment or incomplete payment of insurance premiums as a result of undertaking the base for the accrual of insurance premiums, other incorrect calculation of insurance premiums or other illegal actions -
the penalty implies a penalty in the amount of 20 percent unpaid amounts of insurance premiums.
The act stipulated by paragraph is the first paragraph, which is deliberately intention -
it entails the recovery of a fine in the amount of 40 percent of unpaid amounts of insurance premiums.
3. illegal failure (untimely message) of information that, in accordance with this Federal Law, this person should have reported to the Pension Fund of the Russian Federation -
it entails the recovery of a fine in the amount of 1,000 rubles.
The same acts committed re-for the calendar year -
ensure a penalty of 5,000 rubles.
Article 28. The procedure and timing of payment of insurance premiums in the form of a fixed payment
1. The insurers specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law shall pay the amounts of insurance premiums to the budget of the Pension Fund of the Russian Federation as a fixed payment.
2. The size of the fixed payment per month is established on the basis of the cost of the insurance year, annually approved by the Government of the Russian Federation.
The maximum size of a fixed payment cannot exceed 3,600 rubles.
3. Minimum size Fixed payment is installed Tax Code The Russian Federation is mandatory for payment.
4. The procedure and terms of calculation and payment of fixed payments in the amount exceeding the minimum are determined by the Government of the Russian Federation.
Article 29. Voluntary entry into legal relations on compulsory pension insurance
1. Citizens of the Russian Federation, working outside the territory of the Russian Federation, have the right to voluntarily enter into legal relations on compulsory pension insurance and exercise insurance premiums to the budget of the Pension Fund of the Russian Federation for themselves.
Individuals It is entitled to voluntarily enter into legal relations on compulsory pension insurance and to pay insurance premiums to the budget of the Pension Fund of the Russian Federation for another individual for which the insurance premiums are not paid by the insured in accordance with this Federal Law.
2. The individuals specified in paragraph 1 of this article are paid to the payment of insurance premiums in the manner prescribed by paragraphs 1, 2 and 4 of Article 28 of this Federal Law.
At the same time, the amounts paid amounts of insurance premiums are taken into account when determining the right of citizens to obtain compulsory insurance coverage on the general reasons.
Article 30. Pension book of the insured person
1. The Pension book of the Insured person is issued to citizens in the manner determined by the Government of the Russian Federation, and serves to reflect information on the state of the special part of the individual facial account of the Insured in the Pension Fund of the Russian Federation.
2. The insured person independently replenishes the content of the pension book by incorporating annual statements about the status of the special part of the individual personal account of the insured person received from the Pension Fund of the Russian Federation in the manner prescribed by the legislation of the Russian Federation.
3. At the request of the insured person, the corresponding division of the Pension Fund of the Russian Federation is obliged to carry out a verification of the individual personal account of the insured person and the content of the pension book. Disputes arising from reconciliation of calculations are permitted in court.
Chapter VI. Final and transitional provisions
Article 31. Consideration and resolution of disputes on mandatory pension insurance issues
The written statement of the insured or the insured person on controversial issues arising in the field of compulsory pension insurance is considered by the Insurer authority within one month from the date of receipt of the specified statement. The adopted decision of the Insurer authority informs the applicant in writing within five working days after consideration of such a statement.
In case of disagreement of the insured or insured person with the adopted authority, the dispute is resolved in hasional organ Insurer or in court in accordance with the procedure established by the legislation of the Russian Federation.
Officials who admitted violations in the field of compulsory pension insurance are responsible in accordance with the legislation of the Russian Federation.
Article 32. The right of the insured person to transfer its savings into a non-state pension fund
The insured person is entitled in the manner prescribed by the Federal Law, refuse to obtain the storage part of the labor pension from the Pension Fund of the Russian Federation and transfer its accumulations, taken into account in a special part of the individual personal account, to a non-state pension fund from January 1, 2004.
Article 33. Transitional Provisions
During 2002-2005 for insurers, which are listed in subparagraph 1 of paragraph 1 of Article 6 of this Federal Law and act as employers for persons born in 1967 and younger, the following insurance premium rates are applied:
1) for advocating as employers of insurers, with the exception of speakers as employers organizations employed in the production of agricultural products, generic, family communities of the small peoples of the North, engaged in traditional industries, and peasant (farmer) farms:
Table 3.
2) for serving organizations engaged in the production of agricultural products, generic, family communities in the production of agricultural, generic, family communities engaged in traditional industries, and peasant (farmer) farms:
Table 4.
Article 34. Entry into force of this Federal Law
This federal law enters into force on the day of its official publication.
Since the entry into force of this Federal Law, federal laws adopted before its entry into force and providing for the conditions and norms of compulsory pension insurance are applied in a part that does not contradict this federal law.
To the President of the Russian Federation and the Government of the Russian Federation, within three months of the entry into force of this Federal Law, bring its regulatory legal acts in line with this Federal Law.
The president
Russian Federation
V. Putin
Make in (editors Federal Law of February 3, 1996 No. 17-FZ) (Vedomosti Congress of the People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, No. 27, Article 357; Meeting of the Legislation of the Russian Federation, 1996, No. 6, Article 492; 2001, No. 33, Article 3424; 2003, No. 27, .2700; No. 52, Article.5033; 2004, No. 27, Article 2711; 2005, No. 1, Article 45; 2007, No. 31, Article 4011; No. 41, Article 4845; 2009, No. 23, .2776; No. 30, Art.3739; 2010, No. 31, Article 4,193; No. 47, Article.6028; 2011, No. 7, Article 905; No. 27, Article.3873; No. 48, Article.6730; No. 50, Article 7351; 2012, No. 27, Article 3588; No. 50, Article.6954; No. 53, Article 7605; 2013, No. 11, Article 1076; No. 19, Article 2329; No. 26, Art. 3207; No. 27, Article 3438; No. 30, Article.4084; No. 51, Article.6699; 2014, No. 26, Article.3395; No. 52, Article 7543; 2015, No. 27, Article 3950; No. 29 , Art.4357; 2017, No. 18, Article 2661) The following changes:
A) add part 9.1 of the following content:
"9.1. In cases of identifying an operator for the translation of cash transactions that meet the signs of transferring funds without the consent of the Client, the Cash Translation Operator suspends the use of the Client electronic means Payment and provides a reduction in the remnant of electronic funds of the payer of the action provided by parts 5.1-5.3 of Article 8 of this Federal Law. Upon receipt of the Client for confirmation of the resumption of the execution of the Order indicated in paragraph 2 of Part 5.2 of Article 8 of this Federal Law, the operator for the transfer of funds is obliged to immediately resume the use of the Electronic Payment Customer. If the client is not capable of confirming the renewal of the execution of the order specified in paragraph 2 of Part 5.2 of Article 8 of this Federal Law, the Cash Translation Operator renews the use of the Electronic Payment Customer after two working days after the day of the action provided for by Part 5.1 of Article 8 of this Federal Federal Affairs Law. ";
B) Complete parts 11.1-11.5 of the following content:
"11.1. When receiving from the client - legal entity notifications specified in paragraph 11 of this article, after the implementation of the Cash Decision with bank account The client operator for the transfer of funds serving the payer must immediately send the operator to transfer funds serving the recipient of funds, notification of the suspension of money enrollment on the recipient's bank account or an increase in the remnant of electronic money recipient (hereinafter - notification of suspension) form and in order installed regulatory act Bank of Russia.
11.2. In case of receipt from the operator to transfer funds serving payer, notifications to suspend to the implementation of funds to carry out funds to the bank account of the recipient or an increase in the remnant of electronic funds of the recipient of funds, the cash transmission operator serving the recipient of funds is obliged to suspend up to five Working days from the date of receipt of such a notification enrollment of funds on the bank account of the recipient of funds in the amount of money transfer or an increase in the remnant of electronic funds of the recipient of funds for the transfer of electronic money and immediately notify the recipient of funds in the manner prescribed by the contract concluded with the recipient of funds, on the suspension of cash enrollment or increase the remnant of electronic money and the need to submit within the specified deadline for documents confirming the validity of obtaining translated cash with Reference or electronic cash.
11.3. In the case of submission within five working days from the day the operator for the transfer of funds servicing the recipient of funds, the actions provided for by part 11.2 of this article, the recipient of documents confirming the validity of obtaining translated funds or electronic funds, the cash transaction operator, The serving recipient of funds is obliged to enroll funds to the bank account of the recipient or an increase in the remnant of electronic money recipient.
11.4. In case of failure, within five working days from the date of the Operator to transfer funds servicing the recipient of funds, the actions provided for by paragraph 11.2 of this article, the recipient of the means of documents confirming the validity of the transfer of translated funds or electronic funds, the cash transaction operator, The serving recipient of the means is obliged to make a refund of cash or electronic cash to the operator for the transfer of funds serving the payer, no later than two working days after the expiration of the specified five-day period. The cash transmission operator serving the payer is obliged to enroll funds to the payer's bank account or an increase in the remnant of the payer's electronic cash to the amount of their return carried out by the transaction of money serving the recipient, no later than two days from the date of their receipt.
