RESOLUTION OF BOARD OF THE PENSION FUND OF THE RUSSIAN FEDERATION

of June 24, 2019 No. 364p

About approval of Administrative regulations of provision by the Pension Fund of the Russian Federation and its territorial authorities of the state service in consideration of the application about the order means (part of means) of the maternity (family) capital

According to Articles 7, 8 Federal Laws of December 29, 2006 No. 256-FZ "About additional measures of the state support of the families having children" (The Russian Federation Code, 2007, No. 1, Art. 19; 2019, No. 12, the Art. 1227), the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2019, No. 14, the Art. 1461) and the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 46, the Art. 7050) the Board of the Pension Fund of the Russian Federation decides 2018,:

1. Approve the enclosed Administrative regulations of provision by the Pension Fund of the Russian Federation and its territorial authorities of the state service in consideration of the application about the order by means (part of means) of the maternity (family) capital.

2. To impose control of execution of this resolution on the vice chairman of the board of RPF Chirkova S.A.

Approved by the Resolution of Board of the Pension Fund of the Russian Federation of June 24, 2019, No. 364p

Administrative regulations of provision by the Pension Fund of the Russian Federation and its territorial authorities of the state service in consideration of the application about the order means (part of means) of the maternity (family) capital

I. General provisions

Subject of regulation of Administrative regulations

1. These Administrative regulations of provision by the Pension Fund of the Russian Federation and its territorial authorities of the state service in consideration of the application about the order means (part of means) of the maternity (family) capital (further respectively - the state service, Administrative regulations) determine terms and the sequence of accomplishment of ministerial procedures (actions) by provision of RPF and territorial authorities of RPF of the state service.

Circle of applicants

2. The state service is provided to the citizens who received the state certificate on the maternity (family) capital according to the Federal Law of December 29, 2006 No. 256-FZ "About additional measures of the state support of the families having children" (The Russian Federation Code, 2007, No. 1, Art. 19; 2008, No. 30, Art. 3616; No. 52, Art. 6243; 2010, No. 31, Art. 4210; 2011, No. 1, Art. 52; No. 27, Art. 3880; No. 47, Art. 6608; 2012, No. 31, Art. 4322; 2013, No. 23, Art. 2886; No. 27, Art. 3477; 2014, No. 26, Art. 3377; No. 30, Art. 4217; 2015, No. 10, Art. 1424; No. 14, Art. 2008; No. 21, Art. 2983; No. 48, Art. 6714; 2016, No. 1, Art. 53; No. 27, Art. 4235; No. 52, Art. 7504; 2017, No. 1, Art. 11; No. 52, Art. 7934; 2018, No. 1, Art. 16; No. 11, Art. 1591; No. 45, Art. 6845; 2019, No. 12, Art. 1227; No. 26, Art. 3317; No. 31, the Art. 4442) (further - the Federal Law of December 29, 2006 No. 256-FZ), and also according to article 3.1 of the Federal Law of December 22, 2014 No. 421-FZ "About features of legal regulation of the relations connected with provision of measures of social protection (support), and also payments for compulsory social insurance to separate categories of the citizens living in the territories of the Republic of Crimea and the federal city of Sevastopol" (The Russian Federation Code, 2014, No. 52, Art. 7532; 2017, No. 50, Art. 7543; 2018, No. 53, the Art. 8454) (further - citizens).

3. The citizen can use the state service through the legal or authorized representative (further - the representative).

At the same time personal participation of the citizen in legal relationship on receipt of the state service does not deprive of it the right to have the representative, as well as participation of the representative does not deprive of the citizen of the right to personal participation in the specified legal relationship on receipt of the state service.

Requirements to procedure for informing on provision of the state service

4. Informing citizens concerning provision of the state service is performed:

a) the official of structural division of RPF, territorial authority of the RPF responsible for provision of the state service (further - the official), in case of the direct appeal of the citizen to RPF, territorial authority of RPF;

b) the employee of the multipurpose center of provision of the state and municipal services (further - the multipurpose center);

c) by means of telephone, facsimile and other means of telecommunication communication;

d) by design of information stands in places of provision of the state service on which information specified in paragraphs the seventeenth - the twenty fourth Item 51 of Administrative regulations is placed;

e) by the publication of information materials in mass media, editions of information brochures, booklets, other printed materials;

e) by placement of information on the official site of RPF on the Internet of www.pfrf.ru (further respectively - the website of RPF, Internet network) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal);

g) by placement of brochures, booklets and other information materials in premises of the territorial authorities of RPF intended for reception of citizens and also other organizations of all patterns of ownership in coordination with the specified organizations, including in the multipurpose centers;

h) by means of answers to written addresses of citizens.

5. When informing on procedure for provision of the state service by phone the official, having accepted telephone call, it shall be provided: tell surname, the name, middle name (in the presence), position, the name of structural division of RPF, territorial authority of RPF.

The official shall report the schedule of reception of citizens, the exact postal address of structural division of RPF, territorial authority of RPF.

Informing by phone on procedure for provision of the state service is performed according to the working schedule of structural division of RPF, territorial authority of RPF.

By provision during informing by means of telephone and other means of telecommunication communication to the citizen of information relating to its personal data, the official identifies the identity of the citizen by check of correctness called the citizen of surname, name, middle name (in the presence); data of the identity document, the control information specified in the statement for the order by means (part of means) of the maternity (family) capital (the statement for the order funds (part of means) of the maternity (family) capital for monthly payment in connection with the birth (adoption) of the second child) (appendices No. 1 - 2 to Administrative regulations) (further - the statement for the order).

During the conversation the official shall pronounce words accurately and not interrupt conversation because of receipt of other call.

In case of impossibility to answer the phone call the questions raised by the citizen it shall be readdressed it (is transferred) to other official or to the addressed citizen the phone number on which it is possible to obtain necessary information shall be told.

Phone conversation shall not continue more than 10 minutes.

6. In case of responses to phone calls and oral addresses concerning provision of the state service the official shall provide the following information according to the arrived address:

about the regulatory legal acts regulating questions of provision of the state service (the name, number, acceptance date of regulatory legal act);

about the list of categories of the citizens having the right to the state service;

about the list of the documents necessary for receipt of the state service;

about terms of provision of the state service;

about the refusal bases in provision of the state service;

about the location on the website of RPF of information on questions of provision of the state service.

7. On the website of RPF, in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register), on the Single portal, and also at stands in places of provision of the state service and services which are necessary and obligatory for provision of the state service and in the multipurpose center the following reference information is placed:

about the location and the working schedule of territorial authorities of RPF and their structural divisions responsible for provision of the state service, and also the multipurpose centers;

telephone numbers for enquiries of structural divisions of the territorial authorities of RPF responsible for provision of the state service, including number of phone answerphone (in the presence);

address of the official site, and also e-mail and (or) form of feedback of territorial authorities of RPF;

forms of statements.

8. On the Single portal the following information is placed:

a) the exhaustive list of the documents necessary for provision of the state service, the requirement to execution of the specified documents, and also the list of documents which the citizen has the right to provide on own initiative;

b) the list of categories of the citizens having the right to the state service;

c) term of provision of the state service;

d) results of provision of the state service, procedure for submission of the document which is result of provision of the state service;

e) the amount of the state tax collected for provision of the state service;

e) the exhaustive list of the bases for suspension or refusal in provision of the state service;

g) about the citizen's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service;

h) the forms of statements (notifications, messages) used by provision of the state service.

Information on the Single portal on procedure and terms of provision of the state service based on the data containing in the federal register is provided to the citizen free of charge.

The information access about terms and procedure for provision of the state service is performed without accomplishment by the citizen of any requirements, including without use of the software which installation on technical means of the citizen requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the citizen or provision of personal data by it.

The refusal in reception of an application and other documents necessary for provision of the state service if the statement and documents necessary for provision of the state service are submitted according to information on terms and procedure for provision of the state service published on the Single portal is not allowed.

9. For the purpose of informing citizens of the data on the course of provision of the state service can be directed in format of text messages by e-mail or transfer of short text messages (in the presence of data on subscriber number of the device of mobile radiotelephone communication of the citizen) with use of services of the Single portal in the presence of written consent of the citizen about informing by their specified method.

In case of filing of application about the order in electronic form the informing method, including the e-mail address, subscriber number of the device of mobile radiotelephone communication for transfer of short text messages is specified.

II. Standard of provision of the state service

Name of the state service

10. The state service in consideration of the application about the order means (part of means) of the maternity (family) capital.

The name of the body providing the state service

11. The state service is provided by RPF and its territorial authorities.

The RPF provides the state service to the citizens who left on the permanent residence of the territory of the Russian Federation and not taking confirmed with registration residences (stay) in the territory of the Russian Federation.

Territorial authorities of RPF provide the state service to the citizens taking the residence, stay or the actual accommodation in the territory of the Russian Federation.

12. The RPF, territorial authorities of RPF by provision of the state service has no right to demand from the citizen of implementation of actions the, including coordination necessary for receipt of the state and municipal services and connected with the appeal to other state bodies, local government bodies, the organizations.

Description of result of provision of the state service

13. Provisions of the state service consideration of the application about the order and decision making about satisfaction (refusal in satisfaction) is result of the statement for the order means (part of means) of the maternity (family) capital (the decision on satisfaction (about refusal in satisfaction) the statement for the order funds (part of means) of the maternity (family) capital for monthly payment in connection with the birth (adoption) of the second child) (appendices No. 3, 4 to Administrative regulations) (further - the decision on satisfaction (refusal in satisfaction) the statement for the order).

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of suspension of provision of the state service if the possibility of suspension is stipulated by the legislation the Russian Federation, the term of issue (direction) of the documents which are result of provision of the state service

14. Consideration of the application about the order is performed by RPF, territorial authority of RPF in a month from the date of reception of an application about the order with all necessary documents by results of which the decision on satisfaction (about refusal in satisfaction) statements for the order is passed.

15. The RPF, territorial authority of RPF not later than in five days from the date of decision about satisfaction (refusal in satisfaction) directs applications for the order to the citizen (his representative) the notification on satisfaction (about refusal in satisfaction) statements for the order means (part of means) of the maternity (family) capital (the notification on satisfaction (refusal in satisfaction) statements for the order funds (part of means) of the maternity (family) capital for monthly payment in connection with the birth (adoption) of the second child) (appendices No. 5, 6 to Administrative regulations) (further - the notification on the made decision) in the form providing possibility of confirmation of the fact of the notification.

The notification on refusal in allowance of the application about the order goes to the citizen (his representative) with statement of the bases of refusal in allowance of the application about the order and procedure for the bill of advocation.

16. Suspension of provision of the state service is not provided.

The regulatory legal acts regulating provision of the state service

17. The list of the regulatory legal acts regulating provision of the state service is posted on the website of RPF, in the federal register and on the Single portal.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service and services which are necessary and obligatory for provision of the state service, subject to representation by the citizen, methods of their obtaining by the citizen, including electronically, procedure for their representation

18. For provision of the state service by the citizen the following documents are submitted:

statement for the order;

documents (the copies of documents certified by the notary or the other person according to the procedure, 81 Bases of the legislation of the Russian Federation on the notariate approved by the resolution of the Supreme Council of the Russian Federation of February 11, 1993 No. 4462-1 established by Articles 77, of 79, (The sheet of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2003, No. 50, Art. 4855; 2013, No. 51, Art. 6699; 2016, No. 1, the Art. 11) (further - Bases of the legislation of the Russian Federation on notariate) proving the citizen's identity.

To the application submitted on behalf of the citizen by his legal representative in addition to the documents provided by the paragraph third this Item the documents certifying powers of the legal representative, and also documents proving his identity, and for the organization to which fulfillment of duties of guardians or custodians by Article 35 of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301 is assigned are submitted; 2006, No. 52, Art. 5497; 2008, No. 17, Art. 1756; 2012, No. 29, Art. 4167; 2017, No. 27, the Art. 4075), - identity documents and powers of the representative of the organization.

In case of representation of interests of the citizen by person owing to the power based on the notarial power of attorney in addition to the documents provided by the paragraph third this Item the power of attorney and the identity document of the representative are necessary. If the power of attorney is certified notarially, the identity document of the citizen which interests are represented is not required.

In case of the direction of the statement for the order by means of mail service the identity document of the citizen, is not attached.

In this case identification of the citizen, and also witnessing of its signature on the statement for the order is performed:

a) notary or other person according to the procedure, stipulated in Clause 80 Bases of the legislation of the Russian Federation on notariate;

b) officials of consular establishments of the Russian Federation, if the citizen is outside the Russian Federation.

19. Forms of statements for the order are provided by appendices No. 1, 2 to Administrative regulations.

20. In case of filing of application about the order by guardians (custodians) or adoptive parents of the minor child(children) who is the owner of the state certificate on the maternity (family) capital permission of guardianship and custody body about expenditure of means of the maternity (family) capital in the chosen direction is represented.

21. The citizen in case of the address with the statement for the order on improvement of housing conditions along with the documents specified in Item 18 of Administrative regulations represents:

1) in case of the direction of funds (part of means) of the maternity (family) capital for payment of acquired premises:

a) if the premises are registered not under common property of person who received the certificate, his spouse, children (including the first, second, third child and the subsequent children) or state registration of the property right to premises is not performed, - certified according to the procedure, 53 - 59 Bases of the legislation of the Russian Federation on the notariate established by Articles 43, (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2007, No. 1, Art. 21; 2013, No. 51, Art. 6699; 2016, No. 27, Art. 4293; 2018, No. 32, of the Art. 5131), the commitment letter of person (persons) which is the buyer according to the purchase and sale agreement of premises (to the purchase and sale agreement of premises with payment payment by installments) with use of means (part of means) of the maternity (family) capital to register premises under common property of person who received the certificate, his spouse, children (including the first, second, third child and the subsequent children) with determination of the size of shares under the agreement within 6 months after transfer by the Pension Fund of the Russian Federation of means of the maternity (family) capital to person performing alienation of premises, and in case of acquisition of premises according to the purchase and sale agreement of premises with payment payment by installments - within 6 months after introduction of the last payment finishing payment of cost of premises in complete size and in case of acquisition of premises according to the purchase and sale agreement of premises with use of means of the target housing loan granted according to the Federal Law of August 20, 2004 to No. 117-FZ "About accumulative and mortgage system of housing providing the military personnel" (The Russian Federation Code, 2004, No. 34, Art. 3532; 2006, No. 6, Art. 636; 2007, No. 50, Art. 6237; 2008, No. 30, Art. 3637; 2009, No. 48, Art. 5731; 2011, No. 27, Art. 3879, No. 48, Art. 6728; 2013, No. 27, Art. 3477, No. 30, Art. 4084; 2012, No. 26, Art. 3443, No. 52, Art. 6961; 2014, No. 23, Art. 2930, 2015, No. 14, Art. 2008, No. 27, Art. 4001; 2016, No. 14, Art. 1905, No. 18, Art. 2494; 2017, No. 11, Art. 1541, No. 31, Art. 4816; 2018, No. 32, Art. 5115; 2019, No. 31, the Art. 4475) (further - the Federal Law of August 20, 2004 No. 117-FZ), - within 6 months after removal of encumbrance from premises;

b) the reference of person performing alienation of premises according to the purchase and sale agreement of premises with payment payment by installments signed with the certificate holder or with the certificate holder's spouse about the sizes of the remained outstanding amount under the agreement - if acquisition of premises is performed according to the purchase and sale agreement of premises with payment payment by installments;

2) in case of the direction of means (part of means) of the maternity (family) capital on account of payment of the price of the agreement of participation in shared-equity construction:

a) the document containing data on deposited amount on account of payment of the price of the agreement of participation in shared-equity construction and about the remained outstanding amount under the agreement;

b) the certified according to the procedure, 53 - 59 Bases of the legislation of the Russian Federation on the notariate established by Articles 43,, commitment letter of person (persons) which is the agreement party of participation in shared-equity construction within 6 months after signing of the transfer act or other document on transfer to the participant of shared-equity construction of object of shared-equity construction to draw up the premises built with use of means (part of means) of the maternity (family) capital in common property of person who received the certificate, his spouse, children (including the first, second, third child and the subsequent children) with determination of the size of shares under the agreement and if the premises are built with use of means of the target housing loan granted according to the Federal Law of August 20, 2004 to No. 117-FZ - within 6 months after approach of such events in total, as signing of the transfer act or other document on transfer to the participant of shared-equity construction of object of shared-equity construction, and also removal of encumbrance from premises;

3) in case of the direction of funds (part of means) of the maternity (family) capital for payment of asset construction of the individual housing construction which is carried out with involvement of the construction organization:

a) copy of the construction contract;

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