Maternal family capital presentation. Topic: maternity capital. regulatory legal acts governing the provision of maternity (family) capital (hereinafter-MSK) federal law. Maternity capital: latest news

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The presentation on the topic "Maternal (family) capital: problems of the perspective of legal regulation" can be downloaded absolutely free of charge on our website. Project subject: Economics. Colorful slides and illustrations will help you engage your classmates or audience. To view the content, use the player, or if you want to download the report - click on the corresponding text under the player. The presentation contains 19 slide (s).

Presentation slides

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Maternal (family) capital problems of the prospects of legal regulation

The work was carried out by a student of the YUSO-311 group Sharipova Maftuna

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Definition

The family is one of the most ancient social institutions: it arose in the bowels of primitive society much earlier than classes, society and the state. The family is a more complex system of relations than marriage, since it can unite not only spouses, but also their children, as well as other relatives. In addition, a family can develop outside of marriage.

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State family policy

Being important focus modern social policy, is a set of targeted measures implemented at the federal and regional level in relation to the institution of the family. The system of social support for family, motherhood, fatherhood and childhood is designed not only to guarantee an adequate level of material security, but also to help create real prerequisites for the formation of families with children.

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Additional measures state support families

One of the most acute social problems of modern Russia is the demographic problem, for the solution of which a program to stimulate the birth rate was proposed, which includes a set of measures of administrative, financial, social support for a young family. One of the measures of material support for a woman who decided to give birth to a second child was the provision of primary, basic maternity capital at her disposal, which should primarily support a woman-mother, increase her social status

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The starting point for the introduction of the maternity capital program was the Message of V.V. Putin to the Federal Assembly on May 10, 2006. The proposals made in the Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation were legislatively enshrined in the Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children ". We believe that this Law is aimed at solving at least two tasks: the problem of low birth rates (and ultimately improving the demographic situation in the country) and social support for women and families. SZ RF. 2007. N 1. Part 1. Art. nineteen

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Measures of additional state support for families with children provided for by Law No. 256-FZ, which include the right to maternity (family) capital, are types of social security. At the same time, we can say that this measure is an absolutely new type of security, both in terms of content and in terms of provision.

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Maternal (family) capital is cashallocated by the state for material support of families in which after January 1, 2007, the second, third or subsequent children were born or were adopted. These funds are credited in non-cash form (certificate) to the account of the territorial representative office The Pension Fund RF city or region where the mother and child live. Maternity capital is provided not to a specific child, but to a family, parents. Consequently, maternity capital can be spent only taking into account the interests of the family. Annually the Government of the Russian Federation indexes maternity capital upwards.

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Citizens have the right to state support Russian Federation... Citizens with dual citizenship and living abroad can also apply for maternity capital. The following categories have the right to additional measures of state support to families at the birth or adoption of a second adoption of a child: 1) a woman who gave birth (adopted) a second (or subsequent children), in the period from January 1, 2007 to December 31, 2016; 2) a man who is the only adoptive parent of the second or subsequent children, if the court decision on adoption has entered into legal force starting from January 1, 2007;

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3) the father (adoptive parent) of the child, regardless of the citizenship of the Russian Federation, in the event of termination of the right to additional measures of state support of 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) who has the right to receive maternity capital, the commission of a deliberate crime against a child (children); 4) a minor child (children in equal shares) or a full-time student 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 accordance with the Federal Law cases

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Registration of maternity capital To obtain maternity capital, it is necessary to submit the following package of documents to the branch of the Pension Fund of the Russian Federation at the place of residence, place of stay or actual residence: Application for obtaining a certificate; Applicant's passport; Insurance certificate of compulsory pension insurance; Birth certificates of all children; For adopted children - a court decision on their adoption; If one of the parents is not a citizen of Russia, then a document confirming the Russian citizenship of the child will be required (issued by the passport and visa services). In order to receive maternity capital, you need to collect full list documents that should then be taken to the branch of the Pension Fund.

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Use of maternity capital can only be used for the following purposes: Improvement of housing conditions: Repayment of a mortgage loan or other loan / loan taken for the purpose of buying a home; Reconstruction and repair 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.

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Formation of the mother's funded pension. By general rule maternity capital can be used after the child reaches the age of three, except in cases of spending funds immediately after receiving a certificate for repayment of the principal debt and payment of interest on loans or loans for the purchase (construction) of housing, including mortgage loans provided to citizens under a loan agreement or loan agreement ...

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Cashing out of maternity capital Today, both individuals and companies offer services for cashing out maternity capital - most often, one way or another related to real estate. All that is required from the mother is a certificate and a power of attorney to manage the money. Fraudsters' services cost from 30 to 100 thousand rubles, and some are even ready to be content with 5-6 thousand. At the same time, you do not need to pay anything in advance - the commission is deducted from the cash subsidy. Basically, the following options are common:

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Fictitious mortgage Fictitious certificate of ownership Purchase of unfit for habitation Fictitious purchase and sale agreement Fictitious repairs Fictitious valuation first, the FIU does not work with powers of attorney; secondly, the FIU accepts a full package of documents with already received certificates of ownership of all family members only from the mother of the child personally; justice does not register a transaction without the presence of the seller or the buyer in person (their authorized representative by law). As practice shows, such scams are more often implemented in large cities.

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    • Completed by: Modina O.V.

    Maternal (family) capital is a form of state support for Russian families raising children.

    In accordance with the current legislation, the right to receive maternity capital is granted to: a woman holding Russian citizenship who has given birth (adopted) a second or subsequent children starting from January 1, 2007; a man who has Russian citizenship, who is the only adoptive parent of the second or subsequent children, if the court decision on adoption entered into legal force starting from January 1, 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 of 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 full-time student 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).

    Purpose of spending maternity capital:

    Improving housing conditions: repayment of a mortgage loan; reconstruction and repair of a residential building with an increase in living space; compensation for building a house; home repair and construction; share building; participation in housing construction cooperatives.

    Getting an education: student living in a hostel educational institution; payment for the services of an educational institution; payment for child support in kindergarten.

    Mother's pension savings (by investing through a non-state pension fund, Vnesheconombank, a management company).

    As a general rule, maternity capital can be used after a child reaches the age of three, except in cases of housing purchase, construction, reconstruction or repayment of part of the mortgage. It is allowed to spend funds for these purposes immediately after receiving the certificate, provided that the loan or loan was taken before December 31, 2010.

    To protect family capital from unjustified waste by parents, the cashing of state certificates is prohibited by law.

    To obtain maternity capital, you must submit the following package of documents to the Pension Fund: application for a certificate; applicant's passport; insurance certificate of compulsory pension insurance; birth certificates of all children; for adopted children - a court decision on their adoption; if one of the parents is not a citizen of Russia, then you will need a document confirming the child's Russian citizenship (affixed by the passport and visa services).

    In order to receive maternity capital, you need to collect a complete list of documents, which should then be taken to the Pension Fund branch.

    LEGAL CHARACTERISTIC OF THE MOTHER'S (FAMILY) CAPITAL The presentation was made by Danila Vladimirovich Smykov, student of group 334. Head of the diploma - E. N. Sundeeva

    Justification of the relevance of the topic The relevance of qualification work lies in the fact that an additional measure of state support for families with children - maternity (family) capital, introduced from January 1, 2007, stimulates an increase in the birth rate in the country. Low fertility and lack of financial support families with children began to be seen as the main reasons for the crisis in the demographic situation. To date, it has increased the level of well-being for almost 5 million families with children. The program was officially extended this year until December 31, 2018, and there is reason to believe that it is expected to be extended in the future, but in a modified version of the provision of this type of social security.

    SUBJECT OF RESEARCH implementation mechanism legal support families with children, for material support in the form of measures of additional state support for maternal family capital. OBJECT OF STUDY legal regulation the purpose of this type of social security. PURPOSE OF THE QUALIFICATION WORK Analysis of legal provisions governing social support families with children. TASKS OF THE QUALIFICATION WORK: to characterize and give the concept of an additional measure of state support for families with children of maternal (family) capital; to study the rules and procedure for filing 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.

    THE RIGHT TO THE MOTHER'S (FAMILY) CAPITAL HAS: - Women who gave birth (adopted) the second and subsequent children after 01. 2007 - Men who are the only adoptive parent of the 2nd, 3rd and subsequent children after 01. 2007 - Father of children, in case of death of a woman, deprivation of her parental rights, who had the right to additional measures of state support - Children, in case of death of parents

    STATE CERTIFICATE FOR MATERNAL (FAMILY CAPITAL) The certificate is a registered document confirming the right to additional measures of state support. The Pension Fund of Russia is engaged in the registration and issuance of certificates, the applicant can contact his territorial office at the place of residence. The amount of capital is not subject to personal income tax.

    The certificate ceases to be valid if: the capital is received in full; the recipient was deprived of parental rights or his death occurred; the recipient has committed an intentional crime against their child; the adoption was canceled.

    REGULATORY LEGAL ACTS REGULATING ISSUES OF PROVIDING MATERNAL (FAMILY) CAPITAL 1. Federal Law of 29.12.2006, 256-FZ “On additional measures of state support for families with. children "2. Rules for filing an application for the issuance of capital and a state certificate, approved by the order of the Ministry of Health and Social Development of the Russian Federation dated 18. 10. 2011, No. 1180 n 3. Rules for channeling funds (part of funds) of maternal (family) capital to improve housing conditions, approved by Decree of the Government of the Russian Federation of 12.2007, 862 4. Rules for channeling funds (part of funds) for education child (children) and the implementation of other expenses related to the education of a child (children), approved by the decree of the Government of the Russian Federation of 12.24.2007

    The reasons for which the issuance of a state certificate for maternal family capital was refused. lack of the right to additional measures of state support reasons for refusals termination of the right to additional measures of state support support submission of false information

    Change in the size of maternal (family) capital (MSC) The size of the MSC was revised annually taking into account the rate of inflation, since 2015 MSC has not been indexed 453,026 rubles The size of the MSC is reduced by the amount of funds spent as a result of its disposal

    A new direction for the use of funds, approved since 2016 - adaptation and social rehabilitation of disabled children - has not yet been fully developed, since the necessary list of goods and services provided to citizens for the money of maternity capital has not yet been fully approved. Reimbursement of funds to the parent or adoptive parent is in the form of costs incurred.

    In addition, one-time payments are periodically made from the funds due for the maternity capital: by March 31, 2016, it was possible to receive 20,000 rubles from the funds under the certificate as an anti-crisis measure; from June 24, 2016, a lump sum payment of 25,000 rubles was approved to families with a balance of funds according to the certificate.

    It is possible to receive funds by bank transfer only if a package of documents is submitted to the Pension Fund of the Russian Federation, which consists of: application; recipient's passport; SNILS; birth certificates of all children in the family; court decisions on adoption (if the children are adopted); document confirming the Russian citizenship of the child, if one of the parents is not a citizen of the Russian Federation; documents that serve as the basis for the disposal of capital (when taking a mortgage, buying a home, licensing an educational institution, etc.).

    An application for the disposal of MSC funds is submitted: at any time after three years from the date of birth (adoption) of the second, third and subsequent children by the owners of the certificate (except for the direction of MSC funds to repay loans (loans)); in the event that the child (children) has the right to use the funds of the MSC, the adoption of the funds is carried out by the adoptive parents, guardians (trustees) or adoptive parents of the child with the prior permission of the guardianship and guardianship authority, in addition, if the child (children) have the right to MSC, the application for the disposal of funds The MSC can be submitted by the child (children) himself upon reaching the age of majority or his (them) acquiring full legal capacity before reaching the age of majority.

    Direction of funds (part of funds) of MSCs to improve housing conditions: payment for the acquired housing; payment of the price of the contract for participation in shared construction; payment for the construction of an individual residential building; participation in housing, housing construction and housing savings cooperatives; payment of the initial payment when receiving a loan or loan; repayment of the principal debt payment of interest on loans or borrowings, including a loan (loan) obtained for the purpose of repayment of a previously granted loan (loan) for the purchase (construction) of housing.

    The funds (part of the funds) of the MSC can be directed to education for both the native child (children) and the adopted (adopted) child, including the first, second, third child and (or) subsequent children. The age of the child, for the education of which funds (part of the funds) of the maternal (family) capital can be directed, at the date of the commencement of training in the corresponding educational program must not exceed 25 years.

    MSC funds can be used: To pay for the maintenance of a child in an educational institution that implements basic general education programs (kindergartens, a cadet school) To pay for paid educational services To pay for accommodation in a hostel provided for the period of study DOCUMENTS: 1) An agreement that includes the institution's obligations to maintain a child in an institution and the calculation of the amount of payment for maintaining a child in arr. institution 1) A certified copy of the contract for the provision of paid educational services 1) The contract for the lease of residential premises in a hostel (indicating the amount and terms of payment) 2) Certificate from arr. institutions confirming the fact of the child (children) living in the hostel

    In most regions of Russia, there is regional maternity capital. This is a way of supporting families who decide to have a third and other children.

    Conditions for obtaining regional maternity capital The basic conditions for obtaining regional family capital differ in different regions. The most common are the following: The third or subsequent child in the family must be born or adopted during the period of the regional legislation on maternity capital. The family must have lived in the region for a certain number of years. Using the regional maternity capital You can use the regional maternity capital in the following areas: To improve housing conditions. To pay for educational services for children. To buy a car. For the treatment of children. For the purchase of a land plot. For home renovation.

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    - This is a measure of state support for Russian families in which from 2007 to 2018 inclusive a second child was born (was adopted) (or a third child or subsequent children, if at the birth (adoption) of the second child the right to receive these funds was not formalized).

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    The following persons have the right to receive maternity (family) capital:

    a woman who has citizenship of the Russian Federation who has given birth (adopted) a second, third child or subsequent children starting from January 1, 2007; a man who has the citizenship of the Russian Federation, who is the only adoptive parent of the second or subsequent children, if the court decision on adoption entered into legal force starting from January 1, 2007; the father (adoptive parent) of the child, regardless of whether he is a citizen of the Russian Federation, in the event of termination of the right to additional measures of state support of a woman who has given 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 arose the right to receive maternity capital, to commit a deliberate crime related to crimes against the person in relation to their child (children); a minor child (children in equal shares) or a full-time student, a child (children) until they reach the age of 23, upon termination of the right to additional measures of state support for a father (adoptive parent) or a woman who is the only parent (adoptive parent) in cases established by the Federal Law.

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    The size of the maternity (family) capital:

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    the right to receive maternity (family) capital is granted only once; maternity (family) capital is indexed annually by the state, a change in its size does not entail replacement of the certificate; the term for applying to the FIU with an application for the issuance of a state certificate for maternity (family) capital after the birth (adoption) of a second (third or subsequent child) is not limited; an application for the disposal of funds (part of the funds) of the maternity capital can be submitted at any time after three years from the date of birth (adoption) of the second (third or subsequent) child. If it is necessary to use maternity capital funds to pay the initial payment on a housing loan or loan, as well as to pay the principal debt and interest on a loan (loan) for the purchase or construction of housing or for the purchase of goods and services for social adaptation and integration of a disabled child into society (disabled children), the capital can be used at any time after the birth or adoption of a child, with the birth (adoption) of which the right to obtain a certificate arose;

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    Direct maternity capital to the education of any of the children

    it is possible when the second, third child or subsequent children turn three years old. At the start date of the education, the child must be no older than 25 years The educational organization must be located on the territory of Russia and have the right to provide the relevant educational services. What services are covered: payment for paid educational services on educational programshaving state accreditation; payment for the maintenance of the child (children) and (or) supervision and care of the child (children) in the educational organization; payment for the use of residential premises and utilities in a hostel provided educational organization for the period of study.

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    To dispose of maternal (family) capital to improve housing conditions

    it is possible when the second, third child or subsequent children turn three years old. The exception is the payment of the initial payment on a home loan or loan, as well as the direction of maternity (family) capital funds to repay home loans and loans. In this case, you can use the maternity capital immediately after the birth (adoption) of the second or subsequent child.

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    Improving living conditions

    purchase of residential premises; construction or reconstruction of an individual object housing construction (IZHS) with the involvement of a construction organization; construction or reconstruction of an individual housing construction object without the involvement of a construction organization; compensation of expenses for a built or reconstructed individual housing construction object; payment of the down payment upon receipt of a loan (loan), including a mortgage, for the purchase or construction of housing; repayment of the principal debt and payment of interest on loans or borrowings for the purchase or construction of housing, including mortgages; payment of the price under the contract for participation in shared construction; payment towards the payment of the entrance fee and (or) share contribution, if the owner of the certificate or his spouse is a member of the housing, housing construction, housing savings cooperative. It is important to note that the dwelling to be purchased must be located in Russia. Repair of living quarters, in relation to the disposal of maternity capital, is not an improvement in living conditions.

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    Mom's retirement

    Funds (part of funds) of maternity (family) capital, upon the application of a woman who received a certificate, can be included in the composition of pension savings and transferred to trust management management company or to a non-state pension fund - at the mother's choice. Women who initially chose this option for using maternity (family) capital can subsequently change their choice to manage MSC funds in other areas (improving housing conditions or getting a child's education). To do this, you need to send to territorial body Of the Pension Fund of Russia at the place of residence (stay) or actual residence, a statement on the refusal to send funds from the MSC or part of it to form a future pension. The main thing is to do this before the appointment of a pension.

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    Lump sum payment from maternity (family) capital

    provided for by the Plan of Priority Actions to ensure sustainable economic development and social stability in 2015. The payment is set at 20 thousand rubles and can be directed to any needs of the family. If the amount of the balance of maternity capital after its use is less than 20 thousand rubles, the amount of the actual balance of maternity capital is paid as of the date of filing an application for such a payment.

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    Slide 1

    Federal program aimed at increasing the birth rate "Maternity capital"

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    "Maternal (family) capital" 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 at the birth or adoption of a second, third or subsequent child who has Russian citizenship, provided that the parents did not exercise the right to additional measures of state support.

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    Who is eligible for maternity capital? a woman who has Russian citizenship who has given birth (adopted) a second or subsequent children starting from January 1, 2007; a man who has Russian citizenship, who is the only adoptive parent of the second or subsequent children, if the court decision on adoption entered into legal force starting from January 1, 2007; the child's father, regardless of whether he has Russian citizenship, if he is one parent; a minor child (children in equal shares) or a full-time student 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).

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    Purpose of spending Improvement of housing conditions Repayment of a mortgage or other loan / loan taken for the purpose of buying a home; 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.

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    Purpose of spending Getting an education Student living in a hostel of an educational institution; Payment for the services of an educational institution; Payment for child support in kindergarten.

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    Purpose of spending Retirement savings of the mother (father) through investment through a non-state pension fund

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    Amounts of payments Amount of maternity capital funds, rubles. 2007 - 250,000.0 2008 - 276 250.0 2009 - 312 162.5 2010 - 343 378.8 2011 - 365 698.4 2012 - 387 640.3 2013 - 408 960.5 2014 - 429 408.5

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    Required documents Application for a certificate; Applicant's passport; Birth certificate of all children; For adopted children - a court decision on their adoption; If one of the parents is not a citizen of Russia, then you will need a document confirming the child's Russian citizenship (affixed by the passport and visa services).

    Slide 10

    Types of fraud "Fictitious documents" - a certificate from a maternity hospital or a child's birth certificate is forged. Counterfeits are easily detected. "Bogus testimony" is a more complex type of fraud. Cashing out maternity capital in various ways.