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Published: 07/29/2018
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The legal status of large families is currently regulated by a fairly large number of regulations that are adopted at different levels of government - from federal to municipal. It is for this reason that careful attention should be paid to all those regulations that are adopted to determine the status of such families and provide them with various types of benefits.
- Large family from the point of view of current legislation
- Legal basis for the status of large families
- Family Code of the Russian Federation
- Presidential Decree “On measures for social support of large families”
- Federal Law “On State Support of Large Families”
- Legal mechanisms for use by large families
What legal documents should you pay attention to when determining the legal status of large families and what exactly should be understood by a large family?
Assistance program
The state program and policy in the field of protection of large families is a set of measures aimed at providing certain benefits and concessions. In 2021, the following aspects can be highlighted:
- free education for children;
- provision of land;
- provision of subsidies and other types of payments;
- free meals in schools;
- provision of housing;
- free school uniform;
- municipal assistance in business development for parents;
- assistance in obtaining targeted credit assistance;
- provision of vouchers to sanatorium-resort institutions;
- receiving free medicines;
- obtaining the right to visit cultural events and museums;
- assistance in finding employment for parents, etc.
This is important to know: Payments and benefits for large families in 2020
In the regions of the Russian Federation, in addition to state programs, regional ones can also be implemented. As a rule, they are aimed at supporting families with more than three children.
For example, in the Tula region, families with five children, each of whom has not yet reached the age of majority, are entitled to early retirement, without reaching retirement age (a pension of this kind is provided to mothers).
Fringe benefits
In addition to the above types of assistance, Moscow legislators have provided other support options. They are less significant, but also very useful:
- free access to municipal baths;
- visiting the Bolshoi Theater and other municipal entertainment organizations (theatres, exhibitions, museums);
- compensation for using a landline telephone;
- priority acquisition of land for a summer cottage or vegetable garden;
- obtaining housing under a social lease agreement.
The amount of benefits for Moscow residents with many children is significantly greater than in other regions. However, to obtain them you must contact the authorized authorities. If a refusal is received, parents must protect their rights. If you lack experience in such matters, you need to enlist the support of a lawyer.
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Social support, what benefits are provided to large families in the Russian Federation
The list of benefits has already been discussed earlier. It is worth noting that benefits include in-kind provision (for example, land plots), payment of cash as benefits, transport benefits, early retirement, orders and medals, etc.
The most important condition for receiving one or another benefit is that the family has the status of having many children. This is confirmed by issuing a special certificate.
It can be obtained from the social protection authorities operating in the regions. To do this, the family needs to come there and provide a package of documents, which includes the parents’ passports, as well as the children’s birth certificates. In the absence of such a document, a large family cannot count on receiving one or another measure of support.
Legislative regulation of the rights of large families
For example, they are trying to increase the birth rate by providing social assistance to large families. The introduction of effective measures that will help support the young dynasty has led to a long-awaited result - more and more often parents are thinking about having a third child. The adopted law on large families allowed many fathers and mothers to look into the future without fear. This law states that a multi-child dynasty is considered to be one in which there are three or more children under the age of summer or full-time students in secondary specialized institutions or universities - until they complete the educational process. This also takes into account those children who serve in the army until they reach the age of 23.
Federal law on the provision of land plots to large families
There is no separate federal law on this issue. The most important provisions within these legal relations are contained in Law 138, which was discussed earlier.
It is indicated that families with three or more children can count on receiving land at the federal level. This can be both land intended for individual housing construction and land intended for horticultural or gardening activities.
Of course, the land must be used for its intended purpose. For example, let’s take land provided for individual housing construction. The Land Code allows exactly one year for construction to take place.
It is not necessary to build the entire house; it is enough to lay the foundation. In a situation where the necessary actions have not been taken within a year, the state or municipality has the right to seize such a plot of land.
Basic conditions for receiving state support
In order for one of the parents to have the right to receive 450 thousand for a mortgage, two basic conditions must be met simultaneously:
- An applicant for state assistance is a mortgage loan borrower.
- The applicant had a third or subsequent child between 01/01/2019 and 12/31/2022.
In addition, when determining eligibility for assistance, the following are taken into account:
- only children are Russian citizens;
- only children in respect of whom the applicant has not been deprived of parental rights or the adoption decision.
Federal law on benefits for large families
There is no separate regulatory legal act on this issue. The benefits that exist for large families today are enshrined in a decree of President Yeltsin, as well as in regional legal documents. For example, this is “On social support for families with children in Moscow.”
Federal laws provide only a starting point for regions and municipalities. They, in turn, develop and implement various programs to protect motherhood, paternity and childhood.
Arbitrage practice
The experience of the legal system in Moscow includes the consideration of claims regarding violations of the rights of parents with many children in terms of:
- non-payment of required benefits;
- refusal to provide identification;
- lack of special social support measures, benefits and preferences.
Demina V.A. appealed to the Cheryomushkinsky District Court of Moscow with a demand to oblige the social security authorities to provide a service aimed at issuing a certificate for a large family. The reason for the refusal was the lack of permanent registration at the place of residence in Moscow.
The court found that Demina V.A. with his children is constantly in the city if he is registered in another municipality. As supporting documents, certificates were provided from the clinic, which provides free medical services to minors, and from the school where one of the children is studying.
The court made a decision to satisfy the demands of Demina V.A. in issuing certificates to her large family. The grounds for the adoption of this act were supporting documents that did not come from the registration authorities.
The procedure for providing benefits to large families
Any benefits can be provided to families with many children only if they submit the required list of documents. In general, the procedure for receiving benefits is as follows:
- Selecting a specific benefit or benefits.
- Appeal to a subordinate government agency.
- Collection and provision of the necessary list of documents (this includes a certificate for a large family, etc.).
- Receiving one or another state or municipal service.
Today, you can apply for benefits at multifunctional centers operating throughout the Russian Federation.
How to apply for a certificate
The Moscow Government issued Resolution No. 301-PP dated July 3, 2012, which approved the administrative regulations for the provision of services for providing a certificate for a large family.
A request for a certificate for a large family must be submitted by application. The form to fill out can be found in Resolution No. 301-PP. The social security institution will ask you to submit documents similar to the list for applying for child benefits. You will also need photographs of the father and mother (traditional document size 3x4) for identification. Application form is available.
To obtain a certificate for a large family, it is not necessary to visit the authorized body in person. You can submit an application:
- through the all-Russian portal of State Services;
- through the Moscow State Services service;
- at the MFC.
If the request is approved, the document will be ready the next business day. You can pick up the ID in person or through a representative by proxy. The validity period of the document corresponds to the period during which a family is recognized as having many children.
Law on large families
Large families are considered to be those units of society in which there are 3 or more minor children of full blood, foster or officially adopted. A legislative document that includes a system of measures aimed at improving the quality of conditions for the families concerned is the Federal Law “On State Support for Large Families.”
It is also worth noting other regulations:
- Decree of the President of the Russian Federation No. 431 “On measures for public support of parents with many children”;
- Federal Law of December 17, 2006 No. 173 “On labor pensions on the territory of the Russian Federation.”
In accordance with the main provision, every family with 3 or more minor children must receive a plot of land free of charge for individual construction. Financial support from the state can be extended after the child reaches adulthood in connection with his studies in the general education system or at a university.
This is important to know: Rent compensation is a benefit for large families
Current legislature
The demographic decline that occurred in the 1990s hit the country quite hard, and its consequences are still being felt today. The shortage of workers does not allow the economy to develop at the planned pace, which negatively affects every resident of Russia. In order to change the situation for the better, and subsequently not face the problems of a catastrophic shortage of population, at the end of the 20th century a number of legislative measures were developed to support large families, which are still in effect today. The main one is the Decree of the President of the Russian Federation. On its basis, each individual region creates its own legal acts.
Presidential Decree
On May 5, 1992, Boris Yeltsin signed Decree of the President of the Russian Federation No. 431 “On measures for social support of large families.” This document underwent some changes in February 2003.
The decree specified the actions that should be carried out by federal and regional authorities as part of state support for large families. He established the need to conduct regular research on the standard of living of low-income citizens, which often includes families raising more than three minors. This measure allows us to determine the level of necessary support for these groups of people.
This regulatory document also quite specifically outlines the measures that should be applied to identified families in order to provide them with support at both the federal and regional levels.
Description of the law on large families
The Federal Law “On State Support for Large Families” No. 138-FZ was adopted by the State Duma on November 17, 1999. This bill defines a targeted and targeted system of measures for nationwide support for large families in order to increase and improve the demographic situation in the Russian Federation. The purpose of the regulatory document is to provide conditions for the full upbringing, development and education of children from large families.
The structure of the resolution consists of 3 chapters and 10 articles:
Chapter 1 (Articles 1-3). Basic rules of the law. Establishes the scope of application of this document, financing and the procedure for implementing measures for nationwide support for parents with many children.
Chapter 2 (vv. 4-5). State support measures. Regulates the requirements for the care and upbringing of children, and also provides a complete list of rights and benefits provided to these families.
Chapter 3 (vv. 6-10). Final provisions of the bill:
- Article 6. Social associations;
- Article 7. Liability for non-compliance with this law;
- Article 8. Documentation confirming powers and benefits;
- Article 9. Entry into legal force of this bill;
- Article 10. On bringing regulatory legal acts in accordance with Federal Law No. 138.
The conditions and measures for providing nationwide support are as follows: a public institution allocates living space, the total cost of which is partially covered by the state. For this purpose, subsidies or social rental agreements are provided, valid until the youngest child reaches adulthood.
To receive government assistance, you must provide a package of documents:
- photocopies of each child’s birth certificate;
- a photocopy of the marriage certificate if the parent is not a single parent;
- certificate of family composition;
- photocopies of parents' passports;
- a certificate from the guardianship authorities stating that the spouses are not deprived of parental rights;
- documentation confirming registration at the place of residence;
- application in a unified form.
The Federal Law on Large Families in 2011 underwent some changes. On June 14, 2011, the State Duma adopted the Federal Law “On Amendments to the Federal Law “On State Support for Large Families.”
What benefits are provided to large families by law?
According to Decree of the President of Russia No. 431 “On measures for public support of large families,” parents are entitled to the following benefits:
- discount on utility bills and compensation for fuel for home heating;
- free travel for children on school and public transport;
- enrollment in kindergarten without waiting in line;
- free school meals;
- free school uniforms and sports kits for schoolchildren;
- once a month, children have the right to visit any recreational, cultural and entertainment establishment (museum, parks, exhibitions) free of charge;
- municipal assistance to parents in establishing a business, economic, and farming structures, namely: provision of land, tax reduction and discounts on real estate rentals;
- exemption from payment of business registration tax;
- allocation of land plots without a queue for economic needs;
- preferential provision of building materials, vehicles and housing;
- assistance in acquiring interest-free credit, leasing and loans.
Important! The Law on Assistance to Large Families provides parents with other benefits that apply even after all children reach adulthood. Mothers have the right to retire 5 years earlier if their total insurance period is more than 15 years.
Download Federal Law 138 “On state support for large families”
The Law on Large Families also provides for social benefits in the following order:
- child care allowance for children up to 1.5 and three years old. The first accrual is calculated based on the average salary of the mother, that is, 40 percent of the total amount. Payment of benefits for up to three years is regulated by each region separately and is fixed for all parents with many children;
- compensation, which is associated with the increase in the cost of living on Russian territory and amounts to about 700 rubles monthly;
Since the beginning of 2014, large families have the right to unite in public organizations. As a rule, the corresponding associations are formed on a territorial basis. The purpose of these communities is to ensure better protection of their interests before members of the Government. Indeed, despite the large number of rights of large families, most of them remain unrealized. In particular, this concerns the provision of housing. The Government of the Russian Federation explains this by the fact that the needs of the population in terms of living space exceed the financial capabilities of the country's regions.
Download the Federal Law “On State Support of Large Families” No. 138-FZ in the latest edition by following the link .
Payments and subsidies
Moscow subsidies for parents with many children are divided into 3 categories:
- benefits paid once;
- payments provided every month;
- annual cash allowance.
The one-time payment category includes:
- compensation for the birth of a child (including for the simultaneous birth of 3 babies);
- additional encouragement for young parents;
- subsidy to holders of the title “Parental Glory of the City of Moscow”.
A large family has the right to receive a monthly allowance:
- when establishing the criterion of low income, in this case an allowance is provided for each child;
- compensation payments in connection with the increase in the cost of food and children's goods;
- the pension of a heroine mother who gave birth to 10 or more children, as well as an allowance for the maintenance of minors in this case;
- covering expenses for utilities and telephone use.
Benefits, paid once a year, are correlated with significant events, in particular, they include:
- payment in honor of International Family Day;
- compensation by September 1;
- finances for the purchase of school uniforms and related products.
The Moscow Government periodically indexes established regional payments. Current information on the amount of current benefits can be found in the regulations.
Law on large families in 2020
The regulations establishing discounts and compensation for large families in 2021 are:
- Decree of the President of the Russian Federation dated 05.05.1992 No. 431 “On measures for social support of large families” (hereinafter referred to as Decree No. 431);
- Federal Law of December 17, 2001 No. 173 “On Labor Pensions in the Russian Federation”;
- Federal Law of June 14, 2011 No. 138-FZ “On Amendments to Article 16 of the Federal Law “On Promoting the Development of Housing Construction” and the Land Code of the Russian Federation” (hereinafter referred to as Law No. 138-FZ);
- Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”;
- Federal Law of May 19, 1995 No. 81-FZ “On state benefits for citizens with children”;
- Housing Code of the Russian Federation;
- Labor Code of the Russian Federation;
- Tax Code of the Russian Federation.
This is important to know: What benefits are given to mothers of many children in the DPR
Let's sum it up
- From April 30, 2021, the list of housing lending facilities eligible for state assistance to large families has been significantly expanded.
- Now you can reduce the mortgage amount by 450 thousand for the construction of a house, the purchase of an unfinished house, as well as for land for private household plots.
- Members of the housing cooperative will be able to receive this money, provided that the decision for construction is received before 07/01/2018.
- A borrower whose creditor is an organization from the list contained in clause 5.2 can apply for state support. Art. 1 of Law No. 157-FZ.
What benefits and to what extent are entitled to large families?
Large families are guaranteed preferences in accordance with Decree No. 431:
If you want to find out how to solve your particular problem in 2021, please contact us through the online consultant form or call :
- a 30 percent discount when paying for heating, water, gas , electricity, sewerage;
- free medicines for children under 6 years of age;
- free trips to health camps and sanatoriums;
- free travel on city and suburban transport for students of educational schools;
- right of first priority when registering children for kindergarten;
- free meals for schoolchildren and students of vocational educational institutions;
- free provision of school and sports uniforms to students for the entire period of study (instead of clothing, one-time compensation may be given);
- free visits to cultural institutions for children one day a month;
- assistance to parents organizing small enterprises, peasant (farm) households, complete tax exemption or lower rates when paying land tax and rent;
- full or partial exemption from the registration fee for parents engaged in commercial activities;
- priority allocation of garden plots to families;
- providing families with preferential loans, interest-free loans for the construction of their homes and auxiliary materials;
- development of regional employment programs taking into account the employment and training of parents with many children using part-time work and the opportunity to work from home.
Housing privileges for families with three or more children:
- obtaining housing under a social rental agreement - if the income per person is below the subsistence level and the provision of housing is less than the established norm;
- receiving a subsidy for partial payment of purchased housing;
- obtaining land for construction.
Beneficiaries have the right to receive social security:
- allowance for the third and subsequent children until they reach the age of three;
- allowance for a child under 16 years of age (student under 18 years of age);
- free receipt of goods and services (the list is established by each region separately);
- financial assistance in preparation for the school year;
- reduction in utility bills;
- free legal assistance.
The state guarantees parents with many children the rights in the labor sphere:
- if there are at least two children under 14 years of age in a family, additional unpaid leave of no more than 14 days is provided;
- early old-age pension for women with 5 or more children , and for women with 12 years of work experience in the Far North and with 2 or more children;
- inclusion of a child care period of up to 1.5 years in the insurance period;
- assistance in finding suitable work for unemployed parents.
Citizens with many children have tax benefits:
- exemption from income tax on state child support payments;
- receiving a personal income tax deduction for the third and subsequent children in the amount of 3,000 rubles;
- benefits for the payment of transport and land taxes in accordance with the norms of regional legislation.
Compensation for food
Only legislators of the city of Moscow pay compensation to large families for food. It is intended to correct the increase in food prices, since food is the most significant expense item.
Payment is provided for each child:
- For each child under 3 years of age, compensation is 675 rubles.
- For other minors under the age of 16, the payment does not exceed 600 rubles.
- If the number of children exceeds 5, then the payment amount increases to 750 rubles.