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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 5, 2003 No. 44-FZ

About accounting treatment for the income and calculation of the average per capita income of family and the income of the living alone citizen for recognition their needy and rendering the government public assistance to them

(as amended on 24-07-2023)

Accepted by the State Duma on March 7, 2003

Approved by the Federation Council on March 26, 2003

This Federal Law establishes accounting treatment for the income and calculation of the average per capita income of family and the income of the living alone citizen for recognition their needy and rendering the government public assistance to them according to the Federal Law of July 17, 1999 No. 178-FZ "About the government public assistance" and the Federal Law of October 24, 1997 No. 134-FZ "About subsistence minimum in the Russian Federation".

Article 1. Calculation of the average per capita income of family and the income of the living alone citizen for the solution of question of recognition their needy and about rendering the government public assistance to them is performed by social security authority of the population in the place of their residence or stay in which the petition from the citizen or persons arrived, being his representative in accordance with the legislation of the Russian Federation.

Article 2. Accounting of the income and calculation of the average per capita income of family and the income of the living alone citizen are made based on the information about family composition, the income of the family members or the living alone citizen and the property belonging to them on the property right specified in the statement for rendering the government public assistance.

Article 3. The social security authority of the population has the right to check the following data specified by the citizen in the statement for rendering the government public assistance to it:

about the residence or stay of family or living alone citizen;

about the income of family members or living alone citizen;

about family composition;

about the property belonging to family or the living alone citizen on the property right.

The citizen who filed petition for rendering the government public assistance to it submits the passport or other document proving his identity.

Documents (data) necessary for purpose of the government public assistance (including based on the social contract), are requested by social security authority of the population according to the procedure of interdepartmental information exchange, including with use of single system of interdepartmental electronic interaction, in bodies and (or) the organizations at which disposal such documents (data) are, and (or) are represented by the applicant in case of their absence in the specified bodies and (or) the organizations.

Article 4. Calculation of the average per capita income of family and the income of the living alone citizen is made proceeding from the amount of the income of family members or the living alone citizen for three last calendar months preceding one calendar month before month of filing of application about rendering the government public assistance (further - settlement period).

The part two voided

Article 5. When calculating the average per capita income of family and the income of the living alone citizen the amount of the income of each family member or living alone citizen received in cash is considered.

The part two voided according to the Federal Law of the Russian Federation of 24.07.2023 No. 342-FZ

The list of the income types considered when calculating the average per capita income of family and the income of the living alone citizen for rendering the government public assistance to them is established by the Government of the Russian Federation.

Article 6. The income of family or the living alone citizen received in foreign currency are converted into rubles at the Central Bank rate of the Russian Federation established on the last number of 3rd month of settlement period.

Documents (data) issued by competent authority of foreign state, confirming the size of income gained by the applicant or members of his family outside the Russian Federation are represented by the applicant with properly certified translation into Russian in accordance with the legislation of the Russian Federation.

Article 7. The income of each family member or living alone citizen is considered to deduction of taxes in accordance with the legislation of the Russian Federation.

Article 8. The income is considered in the income of family or the living alone citizen in month of their actual obtaining which falls on settlement period. In case of other fixed terms of calculation and payment of the income the amount of the gained income is divided into the number of months for which it is added, and is considered in the income of family or the living alone citizen for those months which fall on settlement period.

Income gained in the form of the dividends, percent and other income gained on transactions with securities and to transactions with derivative financial instruments and also in connection with participation in property management of the organization, the percent received in the form of the percent added on balance on deposits (accounts) opened in credit institutions, the income from implementation of business activity including income gained as a result of activities of the peasant farm including created without formation of legal entity and the income from occupation by private practice (except for the grants, subsidies and other receipts having special-purpose character of expenditure and provided within support of entrepreneurship, documents (data) on which the applicant and members of his family have the right to provide), the income from realization and leasing (employment, sublease) of property and the income under agreements of the author's order, to contracts on alienation of exclusive right for results of intellectual activities and license agreements are considered as one twelfth income amounts, received during tax period, increased on the number of the months which entered settlement period.

Article 9. Voided according to the Federal Law of the Russian Federation of 24.07.2023 No. 342-FZ

Article 10. If the applicant or members of his family gained income from implementation of business activity, including income gained as a result of activities of the peasant farm including created without formation of legal entity using simplified taxation system (if as the taxation object the income is chosen), the applicant or members of his family has the right to submit documents (data) on the income less expenses. In that case the social security authority of the population when calculating the average per capita income uses documents (data) provided by the applicant or members of his family.

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