Federal Law 125 on insurance. Legislative framework of the Russian Federation

Article 26.6. Collection of arrears on insurance premiums, as well as penalties and fines from funds held in the accounts of the insured - a legal entity or individual entrepreneur in banks (other credit organizations)

1. In case of non-payment or incomplete payment of insurance premiums on time, the obligation to pay insurance premiums is compulsorily fulfilled by foreclosure on the funds in the accounts of the insured - a legal entity or individual entrepreneur in banks (other credit organizations).

2. Collection of insurance premiums is carried out according to the decision of the territorial body of the insurer on the collection of insurance premiums (hereinafter referred to as the decision on collection) by sending to the bank (other credit organization) in which the accounts of the insured - a legal entity or individual entrepreneur - are opened, an order from the territorial body of the insurer to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the policyholder - a legal entity or individual entrepreneur.

3. Before making a decision on collection, the territorial body of the insurer sends the policyholder a demand for payment of arrears of insurance premiums, penalties and fines in accordance with Article 26.9 of this Federal Law.

4. The form of the decision on recovery is approved by the insurer in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of social insurance.

5. The decision on collection is made by the territorial body of the insurer after the expiration of the period established in the request for payment of insurance premiums, but no later than two months after the expiration of the specified period, unless other deadlines are established by this article.

6. The decision on collection is made by the territorial body of the insurer in relation to one or several claims simultaneously.

7. If the unpaid amount of insurance premiums, penalties and fines specified in the request does not exceed 500 rubles, the decision on collection is made by the territorial body of the insurer after the expiration of the period established in one or more demands for payment of insurance premiums, but no later than one year and two months after the expiration of the earliest requirement.

8. A decision on collection made after the expiration of the deadlines established by paragraphs 5 and 7 of this article is considered invalid and cannot be executed.

9. In case of missing the deadlines established by paragraphs 5 and 7 of this article for making a decision on the collection of insurance premiums, the territorial body of the insurer may apply to the court with an application to recover from the insured - a legal entity or individual entrepreneur the amount of insurance premiums due for payment (hereinafter referred to as this article - a statement of recovery).

10. An application for recovery may be filed with the court within six months after the expiration of the deadline for fulfilling the requirement to pay insurance premiums, unless otherwise provided by this article.

11. If within one year and two months from the date of expiration of the earliest requirement for payment of insurance premiums, such amount of insurance premiums, penalties and fines does not exceed 500 rubles, the territorial body of the insurer applies to the court with an application for recovery within six months from the date of expiration of the period equal to one year and two months.

12. The deadline for filing an application for recovery, established by paragraphs 10 and 11 of this article, missed for a good reason, may be restored by the court.

13. The provisions of paragraphs 7 and 10 of this article do not apply to the procedure for collecting insurance premiums, penalties and fines from policyholders in respect of whom bankruptcy proceedings have been initiated in accordance with.

14. The decision on collection is brought to the attention of the insured - a legal entity or individual entrepreneur within six days after the day such a decision was made. The decision on collection can be transferred to the head of the organization (its authorized representative) or an individual (his legal or authorized representative) in person against signature, sent by registered mail or transmitted electronically via telecommunication channels. If the decision on collection is sent by registered mail, it is considered received after six days from the date of sending the registered letter. The formats, procedure and conditions for sending the decision on recovery to the policyholder electronically via telecommunication channels are established by the insurer.

15. The order of the territorial body of the insurer to transfer the amounts of insurance contributions to the budget of the Social Insurance Fund of the Russian Federation is sent to the bank (other credit organization) in which accounts are opened for the insured - a legal entity or individual entrepreneur, including in electronic form, and is subject to unconditional execution by a bank (other credit organization) in the order established by the civil legislation of the Russian Federation.

The procedure for sending to a bank (other credit organization) an order from the territorial body of the insurer to transfer the amounts of insurance contributions to the budget of the Social Insurance Fund of the Russian Federation from the accounts of policyholders in electronic form through the territorial bodies of the Federal Treasury is established by the Central Bank of the Russian Federation in agreement with the Federal Treasury and the insurer.

16. Sending to the territorial body of the Federal Treasury an order from the territorial body of the insurer to write off and transfer the amounts of insurance contributions to the budget of the Social Insurance Fund of the Russian Federation in electronic form is carried out in the manner established by the Federal Treasury.

The order of the territorial body of the insurer to write off and transfer insurance premiums must contain an indication of those accounts of the policyholder - a legal entity or individual entrepreneur, from which the insurance premiums should be transferred, and the amount to be transferred.

17. Collection of insurance premiums can be made from settlement (current) accounts in the currency of the Russian Federation, and if there are insufficient funds in accounts in the currency of the Russian Federation - from the accounts of the policyholder - a legal entity or individual entrepreneur in foreign currency.

18. Collection of insurance premiums from the accounts of the policyholder - a legal entity or individual entrepreneur in foreign currency is made in an amount equivalent to the amount of payment in the currency of the Russian Federation at the rate of the Central Bank of the Russian Federation established on the date of sale of foreign currency. When collecting funds held in accounts in foreign currency, the head (deputy head) of the territorial body of the insurer, simultaneously with the order of the territorial body of the insurer to transfer insurance premiums, sends an order to the bank (other credit organization) to sell, no later than the next day, the foreign currency of the insured - a legal entity or individual entrepreneur. Expenses associated with the sale of foreign currency are borne by the policyholder.

19. Insurance premiums are not collected from the policyholder’s deposit account if the deposit agreement has not expired. In the presence of the specified agreement, the territorial body of the insurer has the right to give the bank (other credit organization) an order to transfer, upon expiration of the deposit agreement, funds from the deposit account to the settlement (current) account of the policyholder, if by this time the order sent to this bank (other credit institution) an order from the territorial body of the insurer to transfer insurance premiums.

20. The order of the territorial body of the insurer to transfer insurance premiums is executed by the bank (other credit organization) no later than one business day following the day it receives the specified order, if the collection of insurance premiums is made from accounts in the currency of the Russian Federation, and no later than two business days, if the collection of insurance premiums is made from accounts in foreign currency, if this does not violate the order of priority of payments established by the civil legislation of the Russian Federation.

21. If there is insufficient or absence of funds in the accounts of the policyholder - a legal entity or individual entrepreneur, on the day the bank (other credit organization) receives an order from the territorial body of the insurer to write off and transfer insurance premiums, such order is executed as funds are received in these accounts, but not later than one business day following the day of each such receipt to accounts in the currency of the Russian Federation, and no later than two business days following the day of each such receipt to accounts in foreign currency, unless this violates the order of priority of payments established by the civil legislation of the Russian Federation .

22. If there is insufficiency or absence of funds in the accounts of the policyholder - a legal entity or individual entrepreneur, or in the absence of information about the accounts of the policyholder - a legal entity or individual entrepreneur, the territorial body of the insurer has the right to collect insurance premiums from other property of the policyholder - a legal entity or individual entrepreneur in accordance with with Article 26.7 of this Federal Law.

23. The provisions of this article are applied when collecting penalties for late payment of insurance premiums, as well as fines applied in cases provided for by this Federal Law.

It does not work Editorial from 17.07.1999

FEDERAL LAW of July 24, 1998 N 125-FZ (as amended on July 17, 1999) "ON COMPULSORY SOCIAL INSURANCE AGAINST WORK ACCIDENTS AND OCCUPATIONAL DISEASES"

This Federal Law establishes in the Russian Federation the legal, economic and organizational basis for compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee during the performance of his duties under an employment agreement (contract) and others established by this Federal law cases.

part four of article 22

“Special jobs for persons who have become disabled as a result of industrial accidents or occupational diseases are created at the expense of the employers who cause the harm.”

Part three of Article 24 after the words “to the State Employment Fund of the Russian Federation” should be supplemented with the words “and the Social Insurance Fund of the Russian Federation”

Part four of Article 29 shall be stated as follows:

“Persons who become disabled as a result of industrial accidents or occupational diseases, the cost of sanatorium-resort treatment, including payment for vacation for the entire period of treatment and travel, the cost of travel of the disabled person and the person accompanying him to the place of treatment and back, their accommodation and food, are paid at the expense of compulsory social insurance funds

Instruct the Government of the Russian Federation to adopt regulatory legal acts necessary to ensure the implementation of the provisions of this Federal Law.

The president
Russian Federation
B.YELTSIN

Moscow Kremlin

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Article 26.6. Collection of arrears on insurance premiums, as well as penalties and fines from funds held in the accounts of the insured - a legal entity or individual entrepreneur in banks (other credit organizations)

1. In case of non-payment or incomplete payment of insurance premiums on time, the obligation to pay insurance premiums is compulsorily fulfilled by foreclosure on the funds in the accounts of the insured - a legal entity or individual entrepreneur in banks (other credit organizations).

2. Collection of insurance premiums is carried out according to the decision of the territorial body of the insurer on the collection of insurance premiums (hereinafter referred to as the decision on collection) by sending to the bank (other credit organization) in which the accounts of the insured - a legal entity or individual entrepreneur - are opened, an order from the territorial body of the insurer to write off and transfer to the budget of the Social Insurance Fund of the Russian Federation the necessary funds from the accounts of the policyholder - a legal entity or individual entrepreneur.

3. Before making a decision on collection, the territorial body of the insurer sends the policyholder a demand for payment of arrears of insurance premiums, penalties and fines in accordance with Article 26.9 of this Federal Law.

4. The form of the decision on recovery is approved by the insurer in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of social insurance.

5. The decision on collection is made by the territorial body of the insurer after the expiration of the period established in the request for payment of insurance premiums, but no later than two months after the expiration of the specified period, unless other deadlines are established by this article.

6. The decision on collection is made by the territorial body of the insurer in relation to one or several claims simultaneously.

7. If the unpaid amount of insurance premiums, penalties and fines specified in the request does not exceed 500 rubles, the decision on collection is made by the territorial body of the insurer after the expiration of the period established in one or more demands for payment of insurance premiums, but no later than one year and two months after the expiration of the earliest requirement.

8. A decision on collection made after the expiration of the deadlines established by paragraphs 5 and 7 of this article is considered invalid and cannot be executed.

9. In case of missing the deadlines established by paragraphs 5 and 7 of this article for making a decision on the collection of insurance premiums, the territorial body of the insurer may apply to the court with an application to recover from the insured - a legal entity or individual entrepreneur the amount of insurance premiums due for payment (hereinafter referred to as this article - a statement of recovery).

10. An application for recovery may be filed with the court within six months after the expiration of the deadline for fulfilling the requirement to pay insurance premiums, unless otherwise provided by this article.

11. If within one year and two months from the date of expiration of the earliest requirement for payment of insurance premiums, such amount of insurance premiums, penalties and fines does not exceed 500 rubles, the territorial body of the insurer applies to the court with an application for recovery within six months from the date of expiration of the period equal to one year and two months.

12. The deadline for filing an application for recovery, established by paragraphs 10 and 11 of this article, missed for a good reason, may be restored by the court.

13. The provisions of paragraphs 7 and 10 of this article do not apply to the procedure for collecting insurance premiums, penalties and fines from policyholders in respect of whom bankruptcy proceedings have been initiated in accordance with Federal Law of October 26, 2002 N 127-FZ “On Insolvency ( bankruptcy)".

14. The decision on collection is brought to the attention of the insured - a legal entity or individual entrepreneur within six days after the day such a decision was made. The decision on collection can be transferred to the head of the organization (its authorized representative) or an individual (his legal or authorized representative) in person against signature, sent by registered mail or transmitted electronically via telecommunication channels. If the decision on collection is sent by registered mail, it is considered received after six days from the date of sending the registered letter. The formats, procedure and conditions for sending the decision on recovery to the policyholder electronically via telecommunication channels are established by the insurer.

15. The order of the territorial body of the insurer to transfer the amounts of insurance contributions to the budget of the Social Insurance Fund of the Russian Federation is sent to the bank (other credit organization) in which accounts are opened for the insured - a legal entity or individual entrepreneur, including in electronic form, and is subject to unconditional execution by a bank (other credit organization) in the order established by the civil legislation of the Russian Federation.

The procedure for sending to a bank (other credit organization) an order from the territorial body of the insurer to transfer the amounts of insurance contributions to the budget of the Social Insurance Fund of the Russian Federation from the accounts of policyholders in electronic form through the territorial bodies of the Federal Treasury is established by the Central Bank of the Russian Federation in agreement with the Federal Treasury and the insurer.

16. Sending to the territorial body of the Federal Treasury an order from the territorial body of the insurer to write off and transfer the amounts of insurance contributions to the budget of the Social Insurance Fund of the Russian Federation in electronic form is carried out in the manner established by the Federal Treasury.

The order of the territorial body of the insurer to write off and transfer insurance premiums must contain an indication of those accounts of the policyholder - a legal entity or individual entrepreneur, from which the insurance premiums should be transferred, and the amount to be transferred.

17. Collection of insurance premiums can be made from settlement (current) accounts in the currency of the Russian Federation, and if there are insufficient funds in accounts in the currency of the Russian Federation - from the accounts of the policyholder - a legal entity or individual entrepreneur in foreign currency.

18. Collection of insurance premiums from the accounts of the policyholder - a legal entity or individual entrepreneur in foreign currency is made in an amount equivalent to the amount of payment in the currency of the Russian Federation at the rate of the Central Bank of the Russian Federation established on the date of sale of foreign currency. When collecting funds held in accounts in foreign currency, the head (deputy head) of the territorial body of the insurer, simultaneously with the order of the territorial body of the insurer to transfer insurance premiums, sends an order to the bank (other credit organization) to sell, no later than the next day, the foreign currency of the insured - a legal entity or individual entrepreneur. Expenses associated with the sale of foreign currency are borne by the policyholder.

19. Insurance premiums are not collected from the policyholder’s deposit account if the deposit agreement has not expired. In the presence of the specified agreement, the territorial body of the insurer has the right to give the bank (other credit organization) an order to transfer, upon expiration of the deposit agreement, funds from the deposit account to the settlement (current) account of the policyholder, if by this time the order sent to this bank (other credit institution) an order from the territorial body of the insurer to transfer insurance premiums.

20. The order of the territorial body of the insurer to transfer insurance premiums is executed by the bank (other credit organization) no later than one business day following the day it receives the specified order, if the collection of insurance premiums is made from accounts in the currency of the Russian Federation, and no later than two business days, if the collection of insurance premiums is made from accounts in foreign currency, if this does not violate the order of priority of payments established by the civil legislation of the Russian Federation.

21. If there is insufficient or absence of funds in the accounts of the policyholder - a legal entity or individual entrepreneur, on the day the bank (other credit organization) receives an order from the territorial body of the insurer to write off and transfer insurance premiums, such order is executed as funds are received in these accounts, but not later than one business day following the day of each such receipt to accounts in the currency of the Russian Federation, and no later than two business days following the day of each such receipt to accounts in foreign currency, unless this violates the order of priority of payments established by the civil legislation of the Russian Federation .

22. If there is insufficiency or absence of funds in the accounts of the policyholder - a legal entity or individual entrepreneur, or in the absence of information about the accounts of the policyholder - a legal entity or individual entrepreneur, the territorial body of the insurer has the right to collect insurance premiums from other property of the policyholder - a legal entity or individual entrepreneur in accordance with with Article 26.7 of this Federal Law.

23. The provisions of this article are applied when collecting penalties for late payment of insurance premiums, as well as fines applied in cases provided for by this Federal Law.