We determine criminal liability for fraud with maternity capital under Article 159.2 of the Criminal Code of the Russian Federation

Methods of obtaining capital funds

According to the law, funds for maternity capital (hereinafter referred to as MK) can only be received in non-cash form. In this case, capital can be spent on such areas as:

• purchasing real estate with a mortgage;
• children's education;
• increase in future pension payments to the mother.

In addition, it is worth highlighting a number of situations when transferred funds via MK can be used as cash capital. These methods of obtaining include:

• One-time payment according to Law No. 88 of April 20, 2015 - this bill was introduced during a period of economic instability. The essence of the bill is as follows: a family with an MK has the right to receive 20,000 rubles at a time after submitting the necessary documentation to the Pension Fund (PFR). The funds received are allowed to be spent on the needs of the family. However, these payments will not be made in 2021.
• Construction of a household on one’s own – the owner of an apartment complex has the right to use funds for the construction of housing. In this case, the owner of the certificate initially receives only half of the capital amount, and the second part is due six months after the main construction work (construction of the “box” of the home). In addition, the applicant must have all checks and receipts that confirm the use of MK in favor of construction.
• Real estate reconstruction. Reconstruction means an increase in living space, for example, the addition of an additional floor or an extension. Payments under MK are made in two stages: the first 50% after submitting documentation, the second 50% after reconstruction.
• Compensation payments under the construction project - after investing his own funds in construction, the owner of the construction project has the right to demand a return of funds from the construction project in the form of compensation for construction work. In this case, the child must be 3 years old.

Electronic registration

Electronic registration for receiving maternity capital is the most reliable way to get advice and get an appointment with a Pension Fund specialist. However, due to the imperfections of the two systems, there are two entries at one time.

Then specialists must take two people for the given period of time. In this regard, the quality of services provided decreases.

However, people often resolve their issues quite quickly without spending the allotted time. To register online you must have an account .

If earlier registration on Gosuslugi.rf was long: you had to provide your information, then wait for the letter that comes by mail and enter the received code, but now it comes to your mobile phone. Thus, recording is completed in 10-15 minutes.

Once you have an account, you will need to select a region, city, and district. Then the schedule of the district office of the Pension Fund will automatically pop up for you.

There you will see that registration is closed for the next 2-3 weeks. It's quite normal. Sign up for any time convenient for you .

On the appointed day, you can safely go to the Pension Fund office at the specified time. You do not have to wait and go through the verification procedure in the lobby.

As for recording through the Pension Fund website, it is a little simpler. First, you need to register by indicating your full name and SNILS. You will then have access to your employees' work schedules. Registration is carried out in the same way as on the Gosusulgi.rf website.

In most cases, Pension Fund employees will call you back 3-4 days before the appointed date to coordinate your arrival . You will also be informed about the recommended package of documents, taking into account the topic of your application.

List of documents for cashing out

To receive an MK, a citizen must provide the following package of documents to the Pension Fund:

1. Parents' passports.
2. Certificate.
3. Statement.
4. Children's birth certificate.
5. A document confirming the Russian citizenship of the children and the owner of the MK.
6. Pension card (SNILS).
7. Details of the bank account to which the MK transfer will be made.
8. Loan agreement (if any).
9. Documents for the land plot.
10. A notarial undertaking confirming the division of home ownership between the entire family (parents and children).
11. Certificate of marriage (or divorce).
12. Power of attorney (if necessary).

It is important to know! Maternity capital and targeted loan

The period for reviewing documentation is 1 month. If the decision is positive, the funds are transferred within 10 days to the account of the MK owner. If the decision is negative, the citizen will receive a letter explaining the reasons for the refusal.

When the applicant has used the first part of the MK (during construction or reconstruction), it is necessary to contact the Pension Fund again with the following documentation:

• passports of mother and father;
• children's birth certificates;
• inspection report;
• re-application;
• account number and bank details;
• checks and receipts confirming the investment of the first part of the construction project in construction or reconstruction.

It is not necessary to allocate shares to children

In fact, the execution of this obligation is controlled by the prosecutor's office. It regularly checks the fulfillment by citizens who have exercised their right to dispose of maternity capital by improving housing conditions, the obligation to improve housing conditions and register the acquired residential premises as the common property of parents and children. And in case of violations, you may be required to allocate shares in court, return public funds to the pension fund, or be prosecuted under Article 159 of the Criminal Code of the Russian Federation on fraud.

It is possible not to allocate a share to children only if the maternity capital was spent on purposes other than improving living conditions. For example, for education, mother’s pension, and so on.

Receiving part of the capital

In 2015 and 2021, citizens who own MK could receive a one-time payment of 20,000 rubles. This amount was deducted from the total capital. All families without exception could count on such payments.

One-time payments should be spent on family needs.

After submitting the documentation, the owner of the MK received similar payments within 2 months to the specified bank account.

In 2021, there is no law on lump sum payments.

How to withdraw money from maternity capital

Until 2010, it was impossible to receive money in cash from maternity capital. Then the law was amended, and the family could withdraw up to 20 thousand per month. In 2021, the amount increased to 25 thousand rubles. To cash out part of the mat capital, you need:

1. Submit your passport, SNILS and certificate to the Pension Fund.
2. Submit an application for a one-time payment of funds.

Full cash withdrawal is not possible. However, there are many legal ways to get money from maternity capital. You can invest it in real estate or use it for your child’s education.

For the birth of a third child in Russia, a governor's certificate is issued. The amount of financial assistance depends on where the family lives. For example, in Moscow, 10 subsistence minimums are paid - 187 thousand rubles, and residents of Saratov and the Saratov region will be able to receive only 2 thousand for a newborn.

Legally cash out maternity capital

Maternity capital can be spent legally only on needs that are provided for by law. The transfer of funds is carried out after the transaction is approved by the Pension Fund. Further, banks, sellers, and construction organizations can dispose of the money at their discretion.

What can you use to cash out maternity capital?

There are five legal ways to spend maternity capital:

• Applying for a loan from a bank. The bank will approve you a loan only for the purchase of an apartment, construction or reconstruction of a house.
• Mortgage. Maternity capital can be used to pay off the first installment or principal debt. If this is your case, then you don’t have to wait until your child’s 3rd birthday to pay off the mortgage with capital. This can be done immediately after receiving it.
• Obtaining funds for building a house. This method involves building a house yourself or paying for the services of professional contractors. You can receive money either in advance for the purchase of building materials, or retroactively after construction, provided all the documentation.
• Housing reconstruction. In this case, the Pension Fund issues money in two stages of 50%. After listing the first part, you will need to present all documents about the completed housing reconstruction. After this, the remaining amount will be transferred.
• Transfers towards a future pension. Maternity capital is transferred to an account where it will be stored until the retirement age of the certificate holder. Until retirement age, the amount will increase depending on the bank's interest.

How to cash out regional maternity capital

In some regions, maternity capital is allowed to be spent on more needs. For example, buy a new car, pay for treatment for children, or buy a plot of land. In addition, there is a regional allowance that is allocated in each region. The amount of these payments is determined by the local government.

Regional maternity benefits can be paid for each newborn in the family, the average benefit is 20-25 thousand rubles.

Cash out maternity capital through a company

The main objective of the state program is to improve the living conditions of the family. Many people are concerned about the question of how to cash out capital through a company or cooperative and receive “real money”? There are several options with varying degrees of legality.

Purchasing dilapidated or non-existent housing

There are many advertisements for cashing out maternity capital, as well as companies ready to help for a tidy sum. But if you do not have a legal education, it is quite difficult to figure it out on your own and understand what pitfalls are hidden behind such proposals.

Let's try to figure this out. The main purpose of maternity capital is to improve living conditions. Any methods of cashing out capital are fully punishable by law. Still, many “firms” provide similar services, finding loopholes in the laws. However, using their services is a risky endeavor. Let's look at how such companies operate.

• Real estate is purchased that is unsuitable for living at the price of maternity capital, although its real value differs hundreds of times.
• A loan is issued from the company.
• The documents are sent to the Pension Fund.
• The company receives money that pays off the borrower's debt.
• The company gives you the money minus its interest. In fact, this is a tidy sum of money.

Since this method of cashing out capital is illegal, there is a chance of falling into the hands of scammers and saying goodbye to your treasured money forever. Scam companies may not give you money, because they have fulfilled their duties. Usually, a deceived buyer will not complain to law enforcement agencies, since the transaction was illegal.

Take money for maternity capital

Despite the strict regulation of the methods of using MSC, there are always enterprising people who want to turn public funds into their own. In 2015, a decree of the President of the Russian Federation came into force, which prohibits any financial transactions with mat capital to microfinance organizations.

Microfinance, until recently, was a convenient method to circumvent the law and cash out mat capital. Over the course of several years, such fraudulent organizations cashed out and embezzled several billion rubles from the federal budget.

You can take out a loan against maternity capital to improve your living conditions, buy an apartment, or build a house.

Urgently cash out maternity capital

It is impossible to quickly exchange maternity capital for “real money” legally. There are shady methods to get “your” money quickly, but you can say goodbye to it just as quickly.

All frauds are quickly identified by the Pension Fund, which, in turn, sends a request to the prosecutor's office. And if you get caught, you face a real prison sentence. Whether this money is worth such sacrifices is up to you to decide.

You can legally receive a one-time payment from the Pension Fund of 25 thousand. Those who did not receive such payments in 2015 and 2021 can apply for a payment.

How to cash out maternity capital up to 3 years

If a family decides to buy a new apartment, it can use its certificate before the child turns 3 years old. If the loan for the purchase of housing was taken out before the birth of the child, or you are just planning to take it out, then you can use maternity capital to repay the principal amount of the debt immediately after the birth of the child.

The pension fund directly transfers the money to the organization that provided the family with loans for maternity capital. Such an organization can be a bank or a consumer credit cooperative (CPC).

Deadline for receiving maternity funds

According to the law, MK funds can be received in non-cash form after the second (or subsequent) child turns 3 years old. But in this case there are exceptions (according to Federal Law No. 256), for example, repayment of a mortgage, a targeted loan or construction work.

As for the timing of the transfer of MK - the general period is 1.5 months (according to Law No. 253), of which:

• 1 month – verification of documentation at the Pension Fund.
• 10 working days – transfer of capital to the specified account.

It is worth taking into account the periods when bank employees check documents and draw up a loan agreement, as well as when they independently collect primary documentation.

As a result, the total period for cashing out MK is from 2 to 2.5 months - in each case there are individual terms. For example, if the documents of the purchased property are not ready, then the transaction may take up to six months.

In addition, when cashing out the MK during independent construction, the second part of the capital is allowed to be received 6 months after using the first part of the MK. But sometimes the construction period can be delayed, then cashing out of the MK is carried out no earlier than a year later.

Legal receipt of matcap

Some citizens commit illegal actions using MK not in favor of children. Therefore, in this chapter we will remind you about the legal ways to cash out MK, so:

1. Purchasing real estate using a mortgage - the owner of the apartment complex (or spouse) must have a stable job (more than 6 months) and a total work experience of at least 5 years. In addition, the applicant's credit history is taken into account.
2. Construction of your own home - the amount of MK is divided into two parts. The first share of the MK is transferred to the applicant’s account at the beginning of construction work, the second - after the construction of the “box”.
3. Real estate reconstruction implies an increase in living space, rather than repair work. In this case, the real estate must belong to the owner of the MK.
4. Education of the child, including payment for kindergarten and school (the maximum age of the child to use this direction is 25 years).
5. Increasing the funded part of the mother's pension contributions - at the moment this direction is irrelevant due to the freezing of savings.
6. Purchasing goods for disabled children that are intended for social adaptation. These purchases should be confirmed by a sales contract or other documents (checks, receipts, invoices). The presence of the purchased goods should be confirmed by an inspection report, which is drawn up by an executive officer after conducting the appropriate inspection.

It is important to know! Maternity capital without waiting 3 years

Illegal withdrawal of capital

All transactions using MK that contradict Federal Law 256 are considered illegal. The most common fraudulent schemes are:

• Purchasing real estate that is unsuitable for living - funds under MK are transferred to the account of fraudulent sellers. After completion of the transaction, the owner of the MK receives part of the capital. At the same time, there are often situations when sellers do not return part of the MK funds to the buyer. As a result, the former owner of MK is left without money and without real estate.
• Buying real estate from relatives - such a transaction is considered imaginary, since relatives continue to live in the sold property, and the funds are transferred to the owner of the apartment complex in cash.
• Obtaining a loan - MK funds are allegedly transferred to the real estate seller. In fact, most of the capital is returned to the owner of the MK.
• Falsification of a birth certificate - some citizens prefer to receive birth certificates without having a second child. After receiving the certificate, citizens purchase real estate and resell it in a short time. But the fact of the birth of children is very easy to verify, so fraudsters can easily fall under criminal liability (read more in the next chapter).
• Increasing the value of the object - after the transaction, sellers return part of the microcompany to the certificate owner.

If one of the listed illegal actions is performed, the owner of the certificate will be put on trial. Read more in the next chapter.

Corpus delicti

In maternity capital fraud, the subjects of the offense are the entire circle of persons involved in the crime:

• owners of certificates for material capital;
• realtors who act as intermediaries in real estate purchase and sale transactions for a commission;
• doctors who issue fictitious birth certificates for a child;
• officials of microfinance organizations issuing loans for the purchase of real estate, the repayment of which is made at the expense of financial capital;
• intermediaries searching for women to participate in criminal schemes;
• other persons - employees of Pension funds, civil registry offices, guardianship and trusteeship authorities.

The object of the crime is the funds of the Pension Fund aimed at repaying the certificate for maternity (family) capital.

The objective side is the theft of public funds by providing false documents or providing knowingly false information.

The subjective side of this crime can be qualified as a conscious desire to dispose of the subsidy amount without a designated purpose - the certificate holders and the malicious intent of the organizers of fraudulent schemes to obtain funds from the state budget, involving the certificate holders in this.

Responsibility for cashing

In 2021, the authorities have not determined the structure that is responsible for the use of MK funds. In addition, the Pension Fund of the Russian Federation, Rosreestr, guardianship, and the registry office do not have a common database where the movements of the MK of a specific person are recorded. Therefore, the search for scammers is carried out on an individual basis. But these circumstances do not relieve the owner of the MK from liability.

It is important to know! How to clarify the amount of maternity capital?

The type of punishment depends on the severity of the crime and the amount of damage. In case of illegal fraud with MK, citizens may receive the following types of punishment:

• If the notarial obligation to divide real estate between children and parents is not fulfilled, there will be a fine, seizure or forced registration of real estate in the name of the children (if the transaction is valid).
• Resale of an object without the consent of the guardianship - according to the Criminal Code - from a fine to 6 years of imprisonment.
• Providing false information – a fine, return of funds to the Pension Fund or termination of the purchase and sale agreement.
• In case of conspiracy with third parties, the owner of the MK and accomplices will face punishment in the form of a fine of up to 500,000 rubles, forced labor or imprisonment of up to 5 years.
• A group of people who carry out illegal actions with the owners of MK (with subsequent theft of funds) receive a fine of up to 1 million rubles or 10 years in prison.
• Illegal cashing out of part of the MK - a fine of up to 300,000 rubles.

Thus, the amount of the fine varies from 120,000 rubles, and the maximum term of imprisonment is 10 years.

Fraudulent schemes

Wanting to spend money from maternity capital for personal purposes, and not those regulated at the legislative level, some certificate holders make every possible attempt to circumvent the established rules, not realizing that their actions are criminally punishable. After all, every year the result of unlawful spending of capital is the leakage of state capital amounting to hundreds of millions of rubles.

The following actions of certificate holders can become “fraudulent”:

• Registering a child who has nothing to do with him;
• Falsification of information provided to the Pension Fund;
• Conceals information that he was deprived of parental rights.

The most common cases of fraud include:

• Registration of a mortgage loan;
• An attempt to obtain capital by persons who do not have the right to do so;
• Attempt to cash out government allowance;
• Criminal acts of an official nature.

All of the above methods of fraud with maternity capital are prosecuted by law on the territory of all constituent entities of the Russian Federation. It is strongly discouraged to attempt to use one of these, as extensive case law suggests that the attacker will eventually be caught and prosecuted.

In 2007 alone, when maternity capital was first approved at the legislative level, over 10 fraudulent individuals were caught trying to obtain funds illegally.

Schemes for receiving funds using matcap

The main legal schemes for cashing out MK include:

1. Obtaining a loan for such areas as: purchasing finished housing; construction of a home (on your own or with the help of contractors); participation in shared construction; reconstruction. With the help of MK, it is possible to repay part of the existing mortgage or make a down payment.
2. Construction of a house - in this case, you can receive funds when the child reaches 3 years of age (compensation) or earlier - when applying for a targeted loan or credit.
3. Reconstruction – implies an increase in the total area of ​​the home. Half of the funds are transferred immediately after a positive decision from the Pension Fund, the second part - upon completion of the main stage of work.
4. Transfer of MK to the mother's pension account - this scheme is used by 2% of capital owners.

Microfinance Centers and Capital

Until 2015, Microfinance Centers could provide loans using MK. But due to the large number of illegal transactions, the President signed a Decree, according to which such organizations do not have the right to provide loans under MK.

Thus, in 2021, only banks with more than 3 years of experience are entitled to issue loans under MK.

In conclusion, I would like to remind you that the unlawful use of funds under the MK leads to fines or imprisonment for all participants in the transaction. Therefore, every citizen must distinguish between the legal and illegal method of cashing out MK, which is discussed in more detail in this material.

Is it possible to cash out maternity capital through a bank?

In Russia, many large banks issue loans against maternity capital. Which bank can do this?

• Sberbank
• VTB
• Unicredit
• Bank of Moscow
• DeltaCredit

The interest rate generally varies from 12 to 14 percent per annum.

Cash out maternity capital through the Pension Fund

All transactions related to the use of maternity capital are approved by the Pension Fund. Only after all documents have been verified will the funds be received by the bank or seller.