“ Refuse delivery of the parent capital! “
in the summer of 2009 I have given birth to the second child and was converted into the Pension fund behind certificate reception on the parent capital. Has submitted documents according to rules, but delivery of the certificate to me have refused because of absence of the birth certificate of the first child. I put the inquiry on a birth of the first child to the statement, given out by city department the REGISTRY OFFICE, and also the birth certificate of the second child. Prompt, please: unless I have no right to reception of the parent capital in such situation? A leah legally to me refuse?
the Law « About additional measures of the state support of the families having children » provides that the right to measures of such support arises, in particular, at the women who having citizenship of the Russian Federation and have given birth (adopted) second child since January, 1st, 2007. Thus according to the item 5 laws behind the certificate on the parent capital it is necessary to be converted into territorial branch of the Pension fund of the Russian Federation and to present the corresponding statement with all necessary documents.
at the same time the governmental order of the Russian Federation « About an order of delivery of the state certificate on the parent (family) capital » establishes that the statement moves with a presentation of the documents confirming a birth (adoption) of children.
by the general rule at a birth of the child the birth certificate stands out. However if the child dies on the first week of life, according to the law « About acts of civil status » at the desire of parents (or one of them) the document confirming the fact of the state check in of a birth of the child, died on the first week of life stands out.
thus, from the current legislation analysis the conclusion follows: The basis for certificate granting on the parent capital is not presence of the birth certificate of the first child, and the fact of a birth of children. Therefore refusal in your situation and other similar cases is wrongful.
pay attention: such conclusion proves to be true also judiciary practice - in particular, in Definition of the Sovereign court of the Russian Federation from 26. 11. 2009 ¹ 29 - Â09 - 6.
in certificate granting on the parent capital you have the right to challenge Refusal in court (in an order provided by chapter 25 of the Civil remedial code of the Russian Federation).
WHO HAS PRIVILEGES UNDER the GROUND TAX?
Explain, please: a leah is released from the ground tax to a garden site its owner if it is the invalid of II group?
According to the Tax code of the Russian Federation (the item 390, 391) privileges for the ground tax are given to invalids of II group in the form of reduction of tax base, i.e. cadastral cost of the ground area, on 10 000 roubles.
however pay attention: proceeding from the law, the given rule extends only on persons, whose physical inability is established to 01. 01. 2004
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