Federal Law on Large Families latest edition

Large families receive a number of privileges from the state, which include both financial assistance and the provision of benefits for certain types of goods and services. All current rules and regulations in this area are regulated by the Decree of the President of the Russian Federation and regional legislative acts. Over the past years, the laws have been subject to changes and additions more than once. Along with existing support measures, the Federation Council is preparing a new law on large families, which will take into account the current practice in the regions.

Draft federal law

In the Russian Federation, special attention is paid to increasing the birth rate; for this, the government is developing a number of measures, most of which include material support for families raising minor children. Special efforts are aimed at helping those families raising three or more minors. They receive the status of having many children and can count on state support in many sectors.

In 1999, deputies of the State Duma introduced bill No. 138 for consideration. Its essence boiled down to special support for families raising three or more children. Due to the fact that at that time families with many children were sufficiently protected by law, the bill was rejected by the acting. President of the Russian Federation V.V. Putin. For many years, the epic with the development of a new federal bill was forgotten.

The year 2018 began for large families with pleasant news - from high stands the need to create a new Federal Law on State Support for Large Families was officially announced, which will seriously change the approach to calculating subsidies to support parents raising three or more children.

Purpose of development

In the Russian Federation there is a current legislative norm that regulates the standards of support for large families. But this law outlines only general measures, entrusting their specific regulation to regional authorities. At the federal level, only a small fraction of mandatory payments are prescribed, which are financed from the federal budget; the remaining subsidies must be paid from regional budgets. Thus, it turns out that although assistance should be provided to large families, its specific amounts are determined by local authorities independently. This approach does not imply any specific amounts of payments, so the regions have developed a very diverse practice of helping large families.

The development of a new bill should take into account the experience of the regions, summarize it and isolate from the resulting one a certain universal approach. The essence of this work is to consolidate a number of subsidies and material guarantees at the federal level. This will allow families to be guaranteed assistance regardless of where they live and raise their children. The purpose of the new bill is not to completely alienate regional authorities from the ability to allocate additional funds from the regional budget to help large families. All work is aimed at strengthening the status of large families and creating more fertile and stable soil under their feet.

Reasons for rejection

Valentina Matvienko stated at the beginning of 2020 that the development of this bill would take a lot of time. And indeed, not everything goes quickly, much less smoothly. The future regulatory document should be very clearly thought out to take into account the needs of large families, as well as the capabilities of the federal and regional budgets.

In October 2020, a bill from the Communist Party faction was submitted to the lower house of parliament for consideration, which dealt with additional measures to support large families. In particular, it provided for the provision of tax benefits for parents who raise three or more children. This is a radically new approach, since previously tax breaks were not provided as an opportunity to encourage the birth rate. The essence of the law is that with the birth of each new child, the tax burden will decrease; we are talking about the property tax on individuals. According to deputies' estimates, this will exempt more than one and a half million large families from paying taxes.

The bill was rejected because the proposal was not completed. Its authors do not explain in any way how lost tax contributions will have to be compensated. This measure leaves a serious hole in the budget, according to rough estimates exceeding three billion rubles.

Legal basis of benefits provided for large families: current regulations

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.

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?

Large family from the point of view of current legislation

A large family is always a family that raises a larger number of children than is statistically established in a given region as the average number of children in a family.

From the point of view of current legislation, a specific definition for a large family has not been established today.

It is for this reason and to interpret the status of such a family that one has to turn to a large number of regulations in force on the territory of the Russian Federation.

For the republics of the North Caucasus, where the demographic situation is an order of magnitude better than in the Central Federal District, a typical situation is where there are three or four children in a family.

For these regions, a large family is a family with at least five children, also regardless of whether these children are born in this family or adopted.

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Thus, a large family is always a family in which the number of children being raised exceeds the established average value.

Legal basis for the status of large families

As mentioned above, in each specific region, large families are determined at the level of local legislation with the help of existing regional laws and other rules of law adopted in their implementation. However, at the federal level, a number of federal laws were adopted, as well as decrees, orders and resolutions of other government bodies. The main ones include:

Decree of the President of the Russian Federation “On measures for social support of large families ,” adopted in 1992 and numbered 431;
Family Code of the Russian Federation;
Federal Law “On Additional Measures to Support Families with Children ,” adopted in 2006 and undergone major changes in 2020 to maintain the achieved level of fertility and provide assistance to those families in which a second or subsequent child appeared after January 1, 2020.

These federal legal acts are binding in all regions of the state.

In order for them to be implemented in full, a number of other acts of similar effect are adopted at the regional level, which are aimed at detailed and accurate implementation of laws at the federal level.

Family Code of the Russian Federation

The Family Code of the Russian Federation does not directly regulate issues related to establishing the status of a large family. This normative act only regulates the issues of what community of people can be called a family.

So, in particular, it was in this Code that, from a legal point of view, the status of natural and adopted children was equalized, which allowed parents in whose family an adopted child appeared to count on receiving the same benefits and privileges , especially when it comes to receiving status of a large family, and it is the adopted child that gives the family the right to receive such status.

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The Family Code, in addition, gives the concept of a prosperous and dysfunctional family, and also talks about which family has the right to receive certain measures of state support. In particular, if a family has the birth of another child, which allows it to receive the status of a large family, but the parents do not fulfill their direct responsibilities for raising this child, they may be deprived of the assigned status, since this child may be removed from the family.

The state’s right to such behavior in relation to large families was formed after the number of births of a third and subsequent child in dysfunctional families, which improved their financial situation through the birth of such a child, became more frequent.

Presidential Decree “On measures for social support of large families”

The Presidential Decree “On measures for social support of large families” was adopted in 1992 and, from the point of view of the history of regulating issues of support for families who are working to raise the birth rate, is the first regulatory act that was adopted so that, from a legal point of view, , regulate the rights of such families.

Presidential Decree No. 431 is currently the only regulatory act that regulates the rights of large families throughout the entire Russian Federation.

In order to implement the provisions formulated in this Decree, a large number of different regulations are being adopted at the federal level regulating the procedure for providing various benefits to families that have confirmed their status as a large family.

Federal Law “On State Support of Large Families”

This normative act was not adopted, despite the fact that in 1999 it was sent for revision several times from the Federation Council to the State Duma.

The draft law received number 138 and was submitted for consideration for further approval to the Federation Council, however, the content of the law contained controversial provisions that were in direct conflict with the already existing rules of law, and the abolition of conflicting provisions could lead to the fact that the goals of support existing large families would not have been achieved. It is for this reason that the adoption of this regulatory act was postponed.

However, due to the fact that the number of large families with officially confirmed status is constantly increasing, in May 2018 the Federation Council decided to return to consideration of this bill, but not in the original form in which it was drawn up in 1999, but in a carefully modified form in order to collect in one normative act all those provisions that will fully regulate all the rights and privileges of large families.

Legal mechanisms for use by large families

For large families, the listed regulations contain a number of legal mechanisms that can be used to obtain their rights and privileges. In order to use all their rights, large families must contact the authorized government bodies.

To receive certain benefits and privileges that are provided for large families in the current legislation, you should contact the territorial divisions of the guardianship and trusteeship authorities (the territorial division should be clarified based on the family’s residential address).

The current legislation today provides the opportunity for large families to fully defend their rights and receive certain privileges. To this end, a fairly large number of regulations have been adopted, but a single one that could unite all existing ones has not been formulated to date.

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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.

Status of a large family

According to Russian legal standards, a family is considered to have many children if it has three or more minor children. Children who have not reached the age of 18 are considered minors. Children who were:

born in marriage;
legally adopted;
as well as stepdaughters and stepsons.

A teenager who crosses the 18th birthday line is excluded from the list of minors. His status can be maintained until he is 23 years old if he is a full-time student and actually remains dependent on his parents.

Regional criteria

Most regions of the Russian Federation, when determining large families, take as a basis the data of GOST R 52495-2005, while in some areas the criteria for large families have undergone minor changes. For example, in some regions only those children under 16 years of age are taken into account.

Extension of benefits for large families

Currently, large families are considered such until the eldest child turns 18 years old. And in some regions, it is possible to extend the status of having many children while the child is studying and has not reached the age of 23.

The developers of the new law on large families propose maintaining benefits for minor children, even when the age of the eldest child exceeds 18 years. This model has now been implemented in Moscow - there a family continues to be considered to have many children until the youngest child turns 16 years old.

Types of government support

In 2018-2019, the following set of social assistance for large families is in effect:

Reducing the cost of utilities by 30%.
Free medicines for children under six years of age.
100% discount for trips on public transport for children who study at school.
Free meals in general education institutions and professional educational organizations.
Priority admission of children to kindergartens.
Distribution of school and sports uniforms.
Once a month free entry to museums, parks, exhibitions and other cultural places.

In addition to all of the above, large families are provided with cash subsidies, one-time payments, as well as preferential loans and interest-free loans for the purchase of their own housing.

Protection of parents with many children is carried out both at the federal and regional levels. The guarantees and concepts provided in the field of payments, the allocation of various benefits and other state support are among the primary goals of the state.

Large family: definition by law

There is no clear definition of a large family in the laws of the Russian Federation, but if we summarize law enforcement practice, we can conclude that a family with three or more children is considered large in Russia.

It does not matter whether such children are born into the family, taken into custody or adopted.

It must be taken into account that if a family is deprived of parental rights to at least one of three children, it can no longer be recognized as having many children.

Large family from the point of view of current legislation

A large family is always a family that raises a larger number of children than is statistically established in a given region as the average number of children in a family. From the point of view of current legislation, a specific definition for a large family has not been established today. It is for this reason and to interpret the status of such a family that one has to turn to a large number of regulations in force on the territory of the Russian Federation.

Every

region

, depending on the level of the demographic situation in it, establishes a list of basic parameters by which to determine whether a particular family is large or not.

So, for example, in the Moscow region, a family that raises three or more children is recognized as having many children, regardless of whether such children were born in this family or were adopted with all the relevant documents. For the republics of the North Caucasus, where the demographic situation is an order of magnitude better than in the Central Federal District, a typical situation is where there are three or four children in a family. For these regions, a large family is a family with at least five children, also regardless of whether these children are born in this family or adopted.

Thus, a large family is always a family in which the number of children being raised exceeds the established average value.

Federal law on the status of large families

The procedure for recognizing a large family has already been discussed above. Particular attention should be paid to the Federal Law on the status of large families.

Such a law does not actually exist , but there is considerable debate in legal circles about its adoption.

The draft law is aimed at implementing the most important principles enshrined both in the constitution of the Russian Federation and in other legislative acts. Some experts note that the law will largely reflect the presidential decree, which was already mentioned earlier.

After this regulatory legal act comes into force, it will be necessary to make changes to many other legislative acts already in force in the Russian Federation. That is why extensive work is being done in this area.

138 federal law on large families, summary

Federal Law No. 138 in the field of supporting young families is aimed at providing such families with land plots. According to the law, this measure of state support is implemented separately in each region. Requirements regarding the size of land plots and their equipment must be met.

Depending on the number of children in the family, different sizes of plots are provided. Today it is from six to fifteen hundred square meters. Special requirements apply to the location.

Thus, the site must be either within the city limits, or located outside it, but in the same region or another subject of the federation. To obtain a free plot of land in the Russian Federation in accordance with the terms of the law, a citizen must collect and provide documents confirming benefits, large families, the right to provide this kind of support, etc.

Allocation of housing

Large families have the right to certain housing benefits. This is spelled out in regional bills. Federal law establishes basic principles and offers programs in which large families can participate. Their implementation is constantly monitored. Families with several minor children can count on priority housing if the following conditions are met:

there is no own apartment/house or the number of square meters per family member is not enough;
the family has low-income status;
during the previous 5 years, living conditions have never worsened (they did not register any relatives, did not issue a deed of gift for their own housing. This may be perceived as deception in order to obtain a new apartment);
family members have permanent registration. Depending on the standards in force in a particular subject, the period of permanent registration in one area may be different;
having Russian citizenship.

Large families have the right to improved housing conditions in order of priority. They need to register and provide documents confirming the need to obtain an apartment. Applications are accepted at administrations and regional ministries. To register you need:

collect a package of documents confirming the right of a large family to housing;
obtain a certificate of the current legal status of a large family;
provide a social tenancy agreement or a document certifying ownership of real estate.

Issuance of land plots

The state offers another way to support large families. Families with 3 or more minor children can receive a plot of land for housing construction. The maximum allowable area is 600 square meters. m. The allocation of land is free, but you can use the benefit only once. The resulting plot can be used to build a private house or to run a summer cottage.

The right to a land plot is given to families that have been registered in the same area for at least 5 years. To obtain land, you will also need to stand in line at the administration or ministry. However, you will have to wait less than when allocating an apartment.

431 presidential decree on social support for large families

A decree of the President of the Russian Federation in 1992 aimed at state social support for mothers and assistance in family matters. Today, current President Putin is adopting a lot of documents in this area. The decree obliges the government of Moscow and other regions to take the following targeted actions:

Establish benefits in the field of payment for housing and communal services.
Ensure the right to receive medications and other types of social assistance.
Ensure the right to admit children from large families out of turn to educational institutions at various levels.
Provide free food and free medical care, etc.

The decree consists of paragraphs and subparagraphs, each of which contains separate orders.

At the same time, the government of the Russian Federation is obliged to issue resolutions in the field of implementation of this decree, as well as to monitor and supervise regional governments for the implementation of the goals of the presidential decree. The Decree does not deprive regions and municipalities of the right, within their competence, to issue individual legal acts aimed at supporting and protecting families with many children.

Measures to support large families in 2019-2020

14.05.2018

The state provides various measures to support large families in 2019-2020. Today this status is acquired by families raising more than 3 minor children. The legislative framework provides for several measures to support such families.

Federal law on measures to support large families 2019-2020: official text

Today in Russia there are several legal acts that regulate the receipt of benefits. These include:

Constitution of the Russian Federation;
document “On the fundamentals of public services for the Russian population”;
Federal Law No. 81 “On municipal benefits for citizens with children”;
Family and Housing Code;
Presidential Decree “On measures for social support of large families.”

It is the resolution of the head of state that today is considered fundamental in determining possible measures of social assistance that families with several minor children can count on.

The purpose of the document is to improve the demographic situation in the country.

Decree 431 also allows citizens to feel confident that the state is taking action to ensure that they can fully raise and develop their children.

The official text of the bill was adopted in 1992, and the last amendments to it were made in 2003. According to the provisions in force today, large families are entitled to the following benefits:

a 30% discount has been established on utility bills (heating, water supply and sanitation, gas, electricity);
provision is made for free medications prescribed by a doctor for children under 6 years of age;
free travel on various types of city public transport;
children from large families receive free meals in schools;
Every month children have the right to attend entertainment city events (art exhibitions, museums, other cultural events).

The bill allows large families to exercise the right to conduct farming activities. The state is obliged to help them with this. Thus, large families planning to open a peasant farm have the right to count on preferential payment of rent and land tax, and financial support when receiving a loan. Also, large families have priority rights in the distribution of land plots.

Support for large families in 2019-2020

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 2020, 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.

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).

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

The gradual decline in the birth rate forced deputies of the State Duma to adopt Federal Law 138 on large families in 1999. The legal act contained conditions for providing assistance to parents raising 3 or more children. Rejected the decision of the State Duma and... O. President of the Russian Federation V.V. Putin. The action is justified by the presence of other laws approved to protect families who have confirmed “large families.” In 2011, another bill, 138, was adopted by parliament. Due to identical numbers and the inclusion of norms relating to parents of 3 or more children, the document was nicknamed the “law on large families.” In fact, the regulatory legal act only contains amendments to 161 Federal Laws. A complete list of available benefits is given in Presidential Decree 431. Other preferences are provided by local authorities.

There is no definition of “large families” in Russian legislation. The criteria are approved by regional authorities. In most of the constituent entities of the Russian Federation, it is customary to consider parents to have “large families” if they have 3 or more children who have not reached the age of majority. The term is extended to 23 years due to conscription into the army or study at an educational institution. The status is confirmed by a certificate issued by the social protection authorities. The issuance of a document may be refused in the following cases:

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.

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.

Changes in 2020

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Benefits for large families

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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?

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.

Valentina Matvienko instructed senators to begin developing a normative act

Valentina Matvienko. Photo: Press service of the Federation Council

The Federation Council is developing a law that would establish the status of large families in federal legislation. Patriarch Kirill of Moscow and All Rus' addressed the Chamber of Regions with this proposal during the annual Christmas parliamentary meetings. Speaker of the House Valentina Matvienko agreed with the initiative immediately, moreover, she instructed her colleagues to begin developing a unified law on supporting large families.

Valentina Matvienko: “THE LAW ON LARGE FAMILIES WILL BE BASED ON THE PRACTICE OF THE REGIONS OF RUSSIA”

A NEW LOOK AT STATE GUARANTEES

“Currently, measures to support large families are scattered across different laws. But it seems to me that today we need to analyze whether these measures are sufficient. And collect them into one law,” explained Valentina Matvienko

The draft law will be prepared by the Federation Council committees on social policy and on science, education and culture, and the work will be supervised by Vice-Speaker Galina Karelova

.
The State Duma is also ready to join in the work - this was announced by Deputy Chairman of the Chamber Pyotr Tolstoy
.

“Such a unified law, systematizing measures to support large families, will first of all become a convenient tool for parents, allowing them to better know their rights and guarantees,” says Galina Karelova. “We need a common understanding of the status of large families and systematization of existing guarantees.”

The senator recalled that many new support measures and benefits for large families have recently appeared: “They are prescribed in the Housing, Labor, Tax and Land Codes, in pension legislation, in all basic social laws and many others, in presidential decrees. Even experienced lawyers need time to navigate this abundance of legal norms. What can we say about citizens who do not have special education?

In her opinion, consolidating all support measures into a single law will provide an opportunity to take a fresh look at state guarantees provided to large families, to see gaps and repetitions in the system and, possibly, to initiate additional legal norms relating to families with children. “We have something to build on,” the senator stated. — There is a National Strategy for Action in the Interests of Children, there is a decree of the President of the Russian Federation on the implementation of the Decade of Childhood. These documents will form the basis of the concept of the new law.”

THE INITIATIVE IS APPRECIATED IN FAMILIES

“The topic of supporting large families has been raised more than once at the highest level,” recalled Zinaida Dragunkina,

.
— And pay attention: the attitude towards families with three or more children in society has changed - I no longer hear any disparaging statements about them anywhere. On the contrary, people realized that large families are the key to the successful demographic development of our country. By developing measures to support such families, we care about the future of our state. And, of course, it is difficult to overestimate the importance of the fact that Patriarch Kirill of Moscow and All Russia
proposed defining the status of large families in federal law, and Valentina Ivanovna Matvienko added that in the same single law it is necessary to combine all measures to support such families. As co-chairman of the National Parents Association, I can say that protecting large families is one of the priorities of state policy.”

According to her, the proposal of the patriarch and speaker of the Federation Council has already found a response in society. “I met with my voters from Zelenograd, who attended the Christmas parliamentary meetings, and you know, they were shocked in a good sense of the word. One mother of many children told me how important it is for them that they are talked about at such a level, that they are cared for, that soon they will have “their own” separate law,” said Zinaida Dragunkina. And she emphasized: Russian President Vladimir Putin

“At the final meeting of the Coordination Council for the implementation of the National Strategy for Action in the Interests of Children for 2012-2017, the head of state proposed a number of new specific measures to support Russian families and children,” the senator recalled. “This confirms the constant personal attention of the head of state to issues of family, motherhood and childhood, the physical and moral health of children, and the protection of traditional family values.”

The presidential status of the National Strategy, approved by decree of the head of state on June 1, 2012, Children’s Day, played an important role in the fact that in the state sphere and in society there was a turn towards children’s problems, and work to overcome them intensified, Zinaida Dragunkina believes. “In 2020, we entered the Decade of Childhood, declared in our country by decree of the President of Russia. It is important to ensure continuity with the adopted strategic documents in the field of childhood and taking into account new challenges, combining the efforts of the state and society, to build further effective work in the interests of families and children. Every child should feel protected, needed and sincerely loved, have the opportunity to realize their abilities, succeed in life, and create the future of their country. The well-being of families and children is a priority area of our national interests,” she said.