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Герб

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 25, 2014 No. AKPI14-105

About recognition partially invalid paragraph two of Item 35 of the Procedure for issue of leaves of disability approved by the Order of the Ministry of Health and Social Development of the Russian Federation of 29.06.2011 No. 624n

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Petrova T. A.,

in case of the secretary To.,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court civil case according to the statement of L. about contest of paragraph two of Item 35 of the Procedure for issue of leaves of disability approved by the order of the Ministry of Health and Social Development of the Russian Federation of June 29, 2011 No. 624n

established:

Item 35 of the Procedure for issue of leaves of disability approved by the order of the Ministry of Health and Social Development of the Russian Federation of June 29, 2011 No. 624n (further - the Procedure), fixes that the leaf of disability is issued on care of the sick family member, including the child aged up to 7 years: in case of out-patient treatment or joint stay of one of family members (the guardian, the custodian, other relative) with the child in stationary treatment and prevention facility - for the entire period of acute disease or exacerbation of chronic disease (paragraph two).

This Item also has footnote <14> according to which features of allowance payment on temporary disability in need of implementation of care of the sick family member are established by part 5 of article 6 of the Federal Law of December 29, 2006 No. 255-FZ "About compulsory social insurance on case of temporary disability and in connection with motherhood".

L. appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid this normative provision, referring to the fact that the disputed regulation provides issue of leaf of disability on care of the sick child only for the period of acute disease or exacerbation of chronic disease and its right limits thus temporary disability benefits in all cases of care of the sick child. Considers that the paragraph two of Item 35 of the Procedure does not correspond to Item 1 of part 5 of article 6 of the Federal law "About Compulsory Social Insurance on Case of Temporary Disability and in connection with Motherhood" which does not contain such restrictions.

The Ministry of Health of the Russian Federation (further - the Russian Ministry of Health) in written objections specified the statement that the disputed regulation does not contradict the existing federal legislation and is not obstacle for issue of leaf of disability and payment to insured person of temporary disability benefit in need of implementation of child care aged up to 7 years in case of availability at this child of the disease requiring rendering medical care to it in stationary conditions.

The Ministry of Justice of the Russian Federation (further - the Ministry of Justice of the Russian Federation), the Ministry of Labour and Social Protection of the Russian Federation (further - Ministry of Labor of Russia) did not object to allowance of the application and supported the arguments stated in it.

L., informed properly, in judicial session was not, asked about consideration of the case in its absence.

Having listened to explanations of the representative of Ministry of Labor of Russia of S., the representative of the Russian Ministry of Health And., the representative of the Ministry of Justice of the Russian Federation of B., having estimated regulatory legal act in the disputed part on its compliance to the Federal Law and other regulatory legal acts having big legal force, having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Stepanova L. E., believing the application to grant, the Supreme Court of the Russian Federation finds requirements subject to satisfaction.

The Ministry of Health and Social Development of the Russian Federation in pursuance of part 5 of article 13 of the Federal law "About Compulsory Social Insurance on Case of Temporary Disability and in connection with Motherhood" (in edition of the Federal Law of December 8, 2010 No. 343-FZ), and also on the basis of the Items 1, 5.2.100.82 earlier acting Regulations on the Ministry of Health and Social Development of the Russian Federation, No. approved by the order of the Government of the Russian Federation of June 30, 2004 321, approved the Procedure disputed in part. The regulatory legal act is registered in the Ministry of Justice of the Russian Federation on July 7, 2011, registration No. 21286, is published in "The Russian newspaper", 2011, on July 11.

According to the current version of part 5 of article 13 of the Federal Law called above for appointment and allowance payment on temporary disability insured person represents the disability leaf issued by the medical organization for form and according to the procedure which are established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of health care including in coordination with the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of work and social protection of the population which owing to Item I of the Regulations on the Ministry of Labour and Social Protection of the Russian Federation approved by the order of the Government of the Russian Federation of June 19, 2012 No. 610, Ministry of Labor of Russia is.

Owing to article 183 of the Labor Code of the Russian Federation in case of temporary disability the employer pays to the worker temporary disability benefit according to the Federal Laws. The sizes of temporary disability benefits and condition of their payment are established by the Federal Laws.

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