Since 2000, the birth rate in Russia has been growing. If in 1999, at the bottom of a historical minimum, only 1,215 thousand people were born in the country, then in 2013, the Fatherland could rejoice at 1,901 thousand newborns. If we consider in relative terms (the number of births per 1,000 inhabitants), we have already returned to the pre-reform level of 1990.

It is impossible not to notice that the demographic success of Russia correlates with its economic dynamics. In 1998, our country reached the extreme point of economic decline, having almost halved the per capita income compared to the pre-reform level. Since then, the standard of living of the population has grown significantly and exceeded the best Soviet indicators. However, it is impossible to directly link the quality of life with fertility. For example, in the former socialist countries of Eastern Europe - such as Poland, the Czech Republic, Hungary, the eastern lands of Germany - the former standard of living has been significantly surpassed, but it has not been possible to restore the birth rate of twenty-five years ago.

In recent years, Russia has become one of the demographic leaders in Europe, surpassing in the number of births per 1,000 inhabitants not only Italy, previously famous for its large families, but also countries with a traditional Muslim culture: Albania, Bosnia and Herzegovina. Has the introduction of such a measure as maternity capital played its role in the Russian demographic revival?

During the seven-year period of 2000-2006, before the start of payments of maternity capital, the number of births reached 1,479 thousand people, adding an average of 38 thousand a year. This is explained by compensatory growth after a deep failure: people realized their family plans, postponed due to the crisis of the nineties. In addition, during this period, the cohort of potential mothers increased significantly, since girls born in 1982-87, during the last Soviet demographic boom, reached adulthood.

In the next seven years (2007-2013), such favorable demographic conditions were not expected. The number of potential women in childbirth began to decline, and experts predicted a decrease in the birth rate, starting around 2010. However, in fact, over the "seven-year period of mother capital" growth has only accelerated. The average annual increase was over 60 thousand births - one and a half times more than over the previous seven years!

According to the results of research conducted by Rosstat in 2013, about six percent of Russian families surveyed admitted that their decision to have a second child was made taking into account the expected payment of maternity capital. On a national scale, six percent looks very significant - approximately 1.8 million newborns. This figure almost exactly coincides with the total increase in the birth rate after 2006 and indicates the high efficiency of maternity capital.

The survey involved married couples of all ages, from newlyweds to very old people.

However, this effect has a regional peculiarity. In the first years after the introduction of the new social measure, the largest payments were made in territories with a traditionally high birth rate (Dagestan, the Chechen Republic, etc.). Since every family has the right to receive maternity capital for the birth of a child of any order, except for the first child, but only once, then, starting in 2007, in large regions, certificates were issued for the second, third, and even seventh children. Then the demand for mother capital in the North Caucasus began to decline: having received a certificate for the second birth, the family had already lost the right to the same material support for the next children.

On the contrary, in the Russian province, which has experienced the most profound demographic crisis, family capital payments are increasing year by year. For families who have main question planning: to be or not to have a second child? - obtaining a birth certificate for 429 thousand rubles is often the main argument. It is not surprising that the birth rate in the regions of Siberia, the Urals, the Russian North and the Volga region is now growing at a faster pace. The pre-reform level has already been blocked by Novosibirsk and Yekaterinburg, Altai and Krasnoyarsk Territories, Vologda, Kostroma, Nizhny Novgorod, Tomsk Regions - in total about thirty regions with a predominantly Russian, formerly, as a rule, small-children population. It can be stated that the gap in the birth rate between the Russian north and the Russian south has noticeably narrowed over the past decade, also due to the equalizing effect of maternity capital.

But for Moscow, the effect of the use of birth certificates is doubtful. With the high cost of capital real estate, it is impossible to solve the housing issue at the expense of mother capital here. This is probably why the birth rate in Moscow is noticeably lower than the Russian average: 11.3 births versus 13.3 births per 1,000 inhabitants. The positive demographic indicators of the capital are formed solely due to a successful age structure, due to the constant influx of provincial youth.

It seems that Moscow needs a different model of demographic policy. And in Russia as a whole, the use of maternity capital should be recognized as a successful social measure, most effective in formerly depressed areas.

In 2015, for the third time in a row, natural population growth was again registered, a significant role in achieving which the Government assigns to the maternity capital program.

What is maternity capital, how to use it and how to spend it, what are its benefits and benefits - these are the most common questions that parents ask. Let's figure it out.

« Maternal capital» is a form of state support for Russian families in which a second child was born or adopted from 2007 to 2018 inclusive.

As a maternity capital project, it was developed based on the impending demographic catastrophe. For a number of reasons, young parents did not want to have children and often limited themselves to just one child in the family. While mortality/birth statistics forced the authorities to take urgent decisions to strengthen the prestige of the institution of the family, and at the same time encourage parents to have as many children as possible. Thus, in 2007, a project of state incentives and support was developed and implemented - maternity capital.

The size of the maternity capital

The size of the “cash reward” should have increased from year to year, but as can be seen from the table, unlike all previous years that have passed since 2007, the size of the certificate for maternity capital in 2016 has not changed and is still 453 thousand 026 rub, as in 2015. That is. its size has stopped growing. The reasons are simple. But first, let's analyze the 2 most necessary terms, the meaning and knowledge of which will help to understand the following question - in connection with what the amount of maternity capital is growing or suspended?

1. Inflation- an excessive increase in the number of applicants in the country paper money causing them to depreciate. The word comes from lat. words inflatio - bloating. If in simple words Inflation is an increase in the prices of goods and services. This means that for the same amount of money, after some time, it will be possible to buy fewer goods and services than before.

2. Indexing- increase by the state of incomes and savings of citizens in accordance with the rise in prices during the period of inflation. Indexation (income reimbursement) is continuously linked to inflation (rising prices).

But back to maternity capital.

Its size, taking into account inflation, was supposed to increase in 2016, but this did not happen, allegedly due to the high budget deficit that arose against the backdrop of a sharp drop in oil prices.

But this does not mean that there is no inflation in the country - it exists and, according to the annual forecast, is 7.21% (this figure may change by the end of the year). In 2015, inflation was 12.91%.

Until what year is the support program valid?

In 2015, news about the abolition of maternity capital was leaked to the media, and the Minister of Finance of the Russian Federation Anton Siluanov commented on this rumor:

“Sometimes they say that the Ministry of Finance is going to terminate the maternity capital. No, we in the government have not yet made a decision, we have not put an end to it, we have not discussed this issue. This was the point of the experts, which, in general, we consider it reasonable. But the final decision will be made by the government.”

But in December 2015, Vladimir Putin instructed to extend the maternity capital program for another 2 years - until December 31, 2018. By Federal Law No. 433-FZ of December 30, 2015, the extension of the program was enshrined in law.

Purposes of spending maternity capital:

Improvement of living conditions

Redemption mortgage loan;

Reconstruction and repair of a residential building with an increase in living space;

Compensation for building a house;

Repair and construction of the house on their own;

Share building;

Participation in housing cooperatives.

Getting an education

Student accommodation in a hostel of an educational institution

Payment for the services of an educational institution

Facts to Know

The right to receive maternity (family) capital is granted only once.

Maternity capital cannot be deposited or spent, for example, on a car or repayment current debts on loans and public services. This is a kind of protection of capital from unjustified waste by parents,

In case of loss of the certificate, you can get its duplicate;

Maternity capital funds can only be received by bank transfer. Any cashing schemes for these funds are illegal. At the same time, the owner of the certificate for maternity capital, who agrees to take part in cash-out schemes, commits an unlawful act and can be recognized as an accomplice in a crime on the fact of misuse of public funds.

Use of maternity capital for disabled children

January 1, 2016 - for the first time in the long years of the program, changes were made in the directions for using the certificate. Now maternity capital can officially be directed to the social rehabilitation of disabled children.

However, in reality, this direction did not work in full either from January 1, or during the entire first half of 2016 - this possibility is valid only “on paper”, and branches pension fund can't even start accepting applications from citizens.

The reason for this was the sluggishness of the Government, which has not yet approved 2 by-laws, without which work in the new main direction is impossible:

• a special list of goods and services for which maternity capital can be used within the new direction;
• rules for using the certificate for the purchase of goods and services according to the above list.

In addition, a complete disappointment for parents was the mechanism provided for in the law for the use of materiel in a new direction - only in the form of compensation for the costs incurred!

This means that parents must first independently find the necessary funds and use them in the intended direction, in order to later receive compensation from the Pension Fund within two months according to payment documents and contracts confirming the intended use! And then - the actual availability of the goods and services purchased according to the documents will still need to be confirmed by the inspection report obtained from specialists of social services bodies at the place of residence.

Such is the bureaucracy.

And one more small detail, reminiscent of the inscription on the packaging of some product, specially printed in small print, which is very difficult to read:

According to the current rules, it is possible to use the funds of the state subsidy only after 3 years from the date of birth of the second or subsequent child (as well as 3 years after the entry into force of the court decision if the child is accepted for upbringing in a family under the adoption scheme).

In this regard, for children (second, third and subsequent), born or adopted in 2016, payments for general rule will only be implemented in 2019.

It looks something like this: give birth now, and we will reward you later!

An exception, as before, will be cases of using maternity capital for a mortgage:

• in repayment of a previously taken loan or loan for the purchase or construction of housing;
• as down payment for a new home loan or loan.

The opinion of the child psychologist Irina Chesnova:

Irina Chesnova

I really like this way of putting the question: you give birth to a second child now. And we will reward you for it. After. May be. If you want. First you yourself for childbirth, cribs, strollers, diapers, toys, scrape up money, starve for two or three years, being content only with dad's salary, and only then you will be happy! But how? We must make sure that you have the most serious intentions, that you will not refuse a child and will not “hang” him on the fragile shoulders of the state, and that you did not give birth to him in order to rob the budget of three hundred thousand rubles (such cash!).

Do you know what it's called? "Presumption of Guilt". Each family is seen as marginal, planning to profit from the budget money by giving birth/adoption of a second child. And so that no one would have the opportunity to get money and leave the baby, drink it up and go on a spree, spend “for the wrong thing”, and this whole scheme was invented with three years of “delay” and a certificate instead of “live” money, which can only be used in stipulated options.

I perfectly understand the logic of the authors of this scheme. Wonderful. There are too many such marginal comrades in our country, in whose drunken heads the idea will immediately be born to do business on the birth / adoption of children. But! What is the fault of the rest of the families (which, by the way, are the majority)? Why was it because of an alcoholic neighbor that normal parents were not given the opportunity to spend four hundred thousand on diapers, a breastfeeding consultant, a massage and an early development school? To treat a child? For a good repair in the apartment? For a car for the whole family? Or a garage? After all, every cell in society has its own needs.

And if the state gave this money “in a human way”, each family, deciding on a second child, knew that they could spend it on what they needed. That would be an incentive!

Very, very many families want a second child, and either give birth to him, not hoping for help from the state, or do not give birth, because they are afraid of the prospect of poverty. Why do they need savings for retirement when they need money “here and now” – for a million different little things that a baby needs?

Conclusion:

The idea itself to solve the demographic problem in the country at the expense of maternity capital was a great breakthrough and hope for most citizens of modern Russia. In practice, several major shortcomings were identified both in the whole program of "maternity capital" and in the idea itself:

1 . No matter how many children you give birth to in your entire life, you receive a certificate for receiving maternity capital once in your life.

2. In Russia, inflation and indexation interact with a serious delay. Prices for food or goods rise much faster than the official rate of inflation.

3. To spend "maternity capital" on housing is a thought that causes a smile. In cities with a population of 400 thousand rubles, it is impossible to solve the “housing problem”. It is possible to buy real estate with a mortgage, and this amount will be spent on a down payment or on paying off interest on a loan. This financial support looks much more significant in regions where real estate prices are noticeably lower. Nevertheless, this item is one of the most popular in Russia.

It is clear that the problem of demography cannot be solved only at the expense of mother capital. This is a big help. But, alas, NOT an incentive. So far, it does not draw on a powerful birth rate engine and an effective demographic program. What do you think? What factors will play a major role in your decision to have a second (third) child?

According to this program, women who gave birth (adopted) a second child or subsequent children after January 1, 2007 are entitled to additional financial support from federal budget. These funds (maternity capital) are provided to the mother in the form of a certificate when the second (or subsequent) child reaches the age of three. According to legislators, a woman can use this certificate in a strictly defined way - to invest in housing construction, in the education of one of her children, or in the funded part of her own pension.

Everything would be fine, but in reality it is not so easy to get this capital. The outgoing year was marked by several major scandals in the regions. So, in the Ulyanovsk region, officials did not warn mothers about their right to state money or disrupted the deadlines for issuing a certificate. In Tatarstan, employees of the Pension Fund forced the parents to bring not only certificates from the registry office, but also the birth certificate of the applicant herself, which many no longer had. In addition, maternity capital ceases to be indexed at the time of receipt of the certificate. The family received it in 2010 - instead of 250 thousand rubles there will be 310 thousand. But no more. So it’s unlikely that there will be enough for preparatory courses at the institute for a baby: in a few years inflation will leave a penny of wealth. And now the amount is enough only for country house 200 kilometers from Moscow. Little nasties

In 2010, children for whose birth families are entitled to maternal (family) capital have reached the age of three. This means that the reform, which at one time caused a great public outcry, is beginning to become a reality. And of particular relevance is the question of how the expected effects of the maternity capital program correlate with the practical results of the initial operation of this project.

In the summer of 2011, the program "Gender Studies" (European University in St. Petersburg) with the support of the Foundation. Heinrich Böll conducted a sociological study on this issue. During the study, 19 interviews were collected with mothers and married couples who have the right to use maternity (family) capital. Interviews were conducted in Volgograd, St. Petersburg, Moscow and Leningrad regions. The study involved people with a different number of children in the family (from 2 to 4 children), with different levels of education (from secondary to higher) and income. This article is devoted to a discussion of the results of the described project.

Maternal capital: content and criticism

The starting point for the introduction of the maternity capital program was the message of the President of the Russian Federation V.V. Putin to the Federal Assembly on May 10, 2006. In this speech, the president identified the demographic problem (population decline) as the country's most acute problem. Putin connected her decision, first of all, with the stimulation of the birth rate, namely, with the introduction of state support measures for young families (primarily women) who decide to have a child.

Do maternity capital and child benefits somehow stimulate a woman to become a mother? - Maternity capital had little effect on a woman's decision to give birth. However, in the regions there may be significant assistance at a time when a woman must devote all her strength to caring for a child and cannot earn money on her own. This is when the baby is from one and a half to two years old. Therefore, an increase in child care allowance at this age can be a positive factor, and in some cases a decisive one. The fact is that there are cases when women, even after a cesarean section, were forced to look for work, because they could not feed the child on benefits. Other measures such as lump sums, according to our observations, are not very effective. Svetlana Rudneva: “Only one woman out of ten refuses to have an abortion”

The President declared the need for an integrated approach to state assistance to families. The set of innovations he proposed included an increase in benefits for caring for a child up to 1.5 years, compensation for the costs of preschool education of children, and the development of reproductive health care. At the same time, maternity capital was named as the main measure designed to encourage women to have at least two children.

The essence of the proposed measure was as follows: a woman who gave birth to a second (or subsequent) child in the period from January 1, 2007 to December 31, 2016, receives a certificate for “maternity capital” from the state. The amount of this capital in 2006 was equal to 250 thousand rubles, and by 2011 it was indexed to 365,700 rubles. When the child reaches three years old, the mother can use this certificate strictly in accordance with the legislatively defined areas of spending (for improving their own living conditions, for the education of children or for the funded part of their own pension). Although in normative documents this measure of state support was defined as a family one (the official name of the program sounds like a program of “maternity (family) capital”), its actual recipients were women mothers. The father, however, received the right to dispose of maternity capital only in exceptional circumstances - in the event of the death of the mother, the deprivation of her parental rights, or the commission of a crime against the child by her.

Shortly after its introduction, this reform was at the center of public debate. The fears of liberal-minded experts were related to the fact that monetary payments in the stated amount are not sufficient to stimulate middle-class families to have children. Already at the time of the start of the program, two hundred and fifty thousand maternity capital could not serve as a significant support for the purchase of an apartment (in Moscow, this amount could buy about 5 square meters of living space) or pay for the education of a child. Economists warned that the aid promised by the state would only be attractive to low-income segments of the population, and that an increase in the number of births in this group of families would eventually lead to a number of social problems.

Another, feminist-oriented, line of criticism focused on the gender aspects of the ongoing reform. Its supporters emphasized that by addressing its programs primarily to mothers, the state thereby reinforces the traditions of Soviet social policy, when a woman was presented as the main agent of child care and a passive object of guardianship on the part of the paternalistic state. The fact was also problematized that, by giving priority to monetary measures to support parents (including maternity capital), the authorities thereby avoid solving more pressing issues of family policy - reforming children's health care, access to preschool educational institutions and so on.

In 2008-2009, under the influence of criticism, as well as in the context of economic changes, a number of additions were made to the maternity (family) capital program. In connection with the global financial crisis families faced with the need to pay mortgage loans, it was allowed to use maternity capital to cover the mortgage immediately after the birth of a second or subsequent child. Citizens were also given the right to lump sum payment in the amount of 12,000 rubles at the expense of maternity capital. In addition, fathers received the right to use maternity capital to improve their living conditions if they have a loan agreement and they are married to a woman who has the right to maternity capital.

These innovations, however, did not remove the claims previously made against the program: the main addressee and manager of funds, as before, remained the mother of the child; the list of areas in which maternity capital can be spent has not been expanded; its amount remained incomparable with market prices for housing. Next, we will consider what role the maternity capital program actually played for families with children, as well as how justified the criticism against it turned out to be.

What are they spending on?

When analyzing the attitude of families to the maternity capital program, we were interested in two main questions: what choice do citizens make within the framework of the opportunities offered by the state and how this measure of state support correlates with the reproductive and economic strategies of parents.

The answer to the first of these questions in a general form can be found in the statistical materials concerning the use of maternity capital funds. So, according to official data of the Ministry of Health and Social Development of the Russian Federation, for the period from January to September 2010, the Pension Fund accepted 27,000 applications for the transfer of maternity capital funds to consumer accounts. Most of these funds (about 24 thousand applications) were spent on the purchase of housing and the improvement of living conditions. Another 2.8 thousand applicants decided to use the certificate for maternity (family) capital to pay for the education of their children, only 210 applications were submitted regarding the transfer of certificate funds to the funded part of the mother's pension.

In addition, two interesting trends can be traced in the report of the ministry: 1) the demand among the population for “anti-crisis” changes in the maternity capital program (in 2009-2010, 239 thousand applications for repayment of mortgage loans were submitted; 90% of families with a certificate received payments at his expense); 2) the overall low level of use of the funds of this program (by the fall of 2010, a little more than 11% of the total number of families with the corresponding certificates used maternity capital funds for the main areas of spending). Referring to the interviews collected during our project, we will try to clarify the observed distribution.

So, the most significant direction of spending maternity capital for citizens is the improvement of living conditions. The “housing issue”, in general, is characterized by them as one of the leading factors that young families weigh when deciding whether to have children. At the same time, the participants in our study say that they have certain (rather high) standards for housing. The ideal is an apartment with several rooms (a separate room for each family member), located in a “good” area with developed infrastructure (a kindergarten and a clinic located next to the house). In order to achieve this ideal, citizens are ready to accumulate all the resources available to them - support from their families of origin, other relatives, friends; help at work; bank loans; government support programs.

Maternity capital is one of the elements (usually not the most significant) of such a complex scheme aimed at improving housing conditions. At the same time, due to the presence of bureaucratic barriers and frequent changes in social policy, state support is the most difficult resource to count on and the use of which is the most difficult to control. So, for some families, the maternity capital program appeared as a happy occasion that allowed them to pay off the balance of a mortgage loan. For other families, who tried to include it in advance in their plans to purchase a home, she acted as the weakest and most unpredictable link in the financial chain, the link that jeopardized the transaction for buying an apartment. For example, one interviewed Petersburger (Konstantin, 43 years old) spoke about how, due to a delay in the transfer of maternity capital, his family was suspended from receiving another, larger social payment, through which it was planned to buy an apartment. As a result, Konstantin, who applied to the prosecutor's office to resolve this issue, came to the conclusion that "this certificate, it is just a piece of paper, (...) it does not go for money."

Thus, the ability to use maternity capital to improve housing conditions gives rise to the following actions of its owners:

1) the use of maternity capital as a fluke that allows you to cover part of the mortgage. It is important that this, the most common, way of using maternity capital is not strategic (and was not originally provided for in the law). Mortgages in the overwhelming majority of cases were issued by families before the introduction of the maternity capital program. Accordingly, although the new state support measure eased the financial burden of the family, it did not play any significant role in the decision to purchase housing and the related decision to have a child.

2) the planned use of maternity capital for the purchase of a house / apartment. This situation is characterized by the perception of MK as one of the types of resources involved in the purchase of housing. Although, compared with the support of the parental family or credit loans, this resource is the least significant, accessing it is usually described by our citizens as the most problematic. The lack of clear legislative mechanisms for action in a number of difficult situations and bureaucratic delays often violate the plans of families to use MK to improve their living conditions. The way out of such difficult situations is often to turn to "shadow" schemes (for example, paying bribes to officials). It should be noted here that many families who are considering spending maternity capital on improving their living conditions, after weighing the possible obstacles and costs, ultimately decide not to do this.

The second most popular area of ​​using maternity capital funds (in terms of volume - less common) is the education of children. Middle-class families view the development of their children's cultural and social capital as one of the most important aspects of the parenting role. In this context, education is a priority for family spending. However, while many of the parents in our study invest heavily own funds in the preschool education of the child (visiting her / him circles, sections, classes with tutors), they do not plan to use maternity capital for these purposes. There are two main explanations for this.

Firstly, parents reject the option of using maternity capital for higher education of their children due to the fact that the instability of the ongoing social policy and current changes in the education system do not allow them to make long-term plans. Secondly, citizens who themselves studied for free, in general, expect their children to receive free education. In the case of its complete transition to a paid basis, families do not consider maternity capital as a possible means to solve the problem.

Those of the respondents who nevertheless used maternity capital for the education of their children invested it in the child's preschool education ( kindergarten, creative circles, etc.). Choice this option was determined for them by their lack of confidence in the stability of the policy pursued by the state and the desire to receive the promised support "here and now". Families who have chosen this path note the presence of a number of difficulties that arise when trying to spend maternity capital for educational purposes. First of all, such difficulties are related to the insufficient development (sometimes simply the absence) of institutional mechanisms for using certificate funds in this vein. As a result, citizens are faced with the need to independently collect information about the features of legal procedures, as well as overcome bureaucratic barriers. Here is what one of the women who managed to use MK funds to pay for a commercial kindergarten tells us:

“I don’t even know who came up with the idea that we can pay for kindergarten in this way. I asked this question to this commission. They said, "Yes, but we don't know anything yet." Then they found out about it somewhere. And even before me, one mother from our kindergarten managed to arrange it. That is, my documents were sent repeatedly, and it was easier to demand the necessary documents for this” (Galina, 37 years old, St. Petersburg).

The third direction in the use of maternity capital is associated with the investment of these funds in the funded part of the mother's pension. However, this path is usually not taken seriously by families - the previously noted distrust in the stability of the social policy being pursued and a series of changes in the pension system prevent citizens from making such long-term plans.

In continuation of the topic, it should be noted that the liberal criticism expressed during the introduction of the reform was justified. For a significant part of the citizens, the amount provided under this program, indeed, turns out to be too small to improve their living conditions or pay for the education of their children. According to one of the interviewed mothers, based on real market prices, maternity capital funds can be used to purchase 5 square meters of housing. Since the eldest daughter of our interlocutor did not enter the university at the budget department, the woman thought about investing maternity capital in the education of her child. However, according to her calculations, the amount of the certificate would only be enough for two and a half years of study at one of the universities in St. Petersburg.

As a result, parents who do not have sufficient additional resources and who do not trust the opportunity to invest maternity capital in retirement choose the “deferred use” strategy. Maternity capital turns into a “piece of paper” for them, which is poorly taken into account when forming economic plans family and can only be used in case of a favorable combination of circumstances. “This is not capital - this is a piece of paper about capital!” - this is how a young mother from the Moscow region described this situation.

Citizens in a similar situation note that they would be happy to spend maternity capital funds on other urgent family needs that are not provided in the law on additional measures of state support - apartment renovation, purchase land plot, payment for the treatment of the child. The existence of such a need, as well as doubts about the stability of state support, make them think about ways to illegally cash out maternity capital. Although none of the respondents themselves resorted to "shadow" schemes for the use of maternity capital, this practice they are usually well-known through the experience of acquaintances or from the media. Often it is associated with obtaining a loan from a bank secured by maternity capital and the subsequent fictitious “purchase” of dilapidated housing for this money (in our country, a sufficient number of companies have appeared to help carry out this operation, however, citizens often carry it out on their own - “buying” housing relatives or friends).

Summarizing the above, we can distinguish the following main strategies for using maternity capital:

1) to improve housing conditions, which is available only for families with additional sources of financial support;

2) to cover a mortgage - a situational measure added to the law for a certain period and not of strategic importance;

3) for the education of children; moreover, in most cases, avoiding long-term planning, parents invest capital in the child's preschool education;

4) “delayed use”, in which families doubt the feasibility of one direction of spending declared by the state, but at the same time do not have additional resources to use MK for other legitimate needs;

5) "deception of the state" - attempts to illegally cash out maternity capital, associated with the desire to solve pressing problems and distrust of public policy.

In this situation, the most popular and, in fact, not a strategic way to use maternity capital is to receive a lump-sum cash payment (12,000 rubles) at its expense. These actions correlate with the general perception of social policy by families, which can be summarized in the phrase "take everything you can from the state, here and now." The following words sound like a refrain in the interview: “It seems like they introduced us to withdraw twelve thousand. Of course, we immediately removed it, because, as they say, there is at least a tuft of wool from a black sheep” (Polina, 35 years old, Volgograd). However, it is obvious that the resulting "tuft of wool" is not a significant increase in family budget. This money, disproportionate to the cost of raising a child, "goes to diapers," according to most parents.

The described difficulties in the use of maternity capital, the small amount of this measure of state support, disbelief in the stability of the ongoing social policy lead to the fact that families do not take maternity capital into account when discussing decisions about the birth of children and their number. In general, citizens approve of the support of motherhood and parenthood as principles of social policy. However, our study shows that the horizon of citizens' orientation towards assistance from the state is significantly limited. The respondents are aware of the variability of the existing family policy and cannot rely on it in the long term, so they try to “take everything while they give” (in the short term). For the rest, citizens prefer to rely on themselves and their families, on all kinds of available resources, including their own skills, personal and professional experience, the ability to individually "fight" the system in the interests of the family and the child, overcoming numerous barriers in formal and informal ways.

The material was prepared within the framework of the program "Gender Democracy" of the Foundation. Heinrich Böll.

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Introduction

The relevance of this topic is that an additional measure of state support for families with children - maternity (family) capital, introduced on January 1, 2007, stimulates an increase in the birth rate in the country. The low birth rate and the lack of material support for families with children began to be seen as the main causes of the demographic crisis. Many young families cannot decide to have children, not only because of the seriousness of this step, but also because of the lack of opportunities to provide for them, to give them a decent education and housing.

Therefore, it is important that every woman, when deciding on the birth of a child, feel the support of the state and be calm about the future of her family.

Among the priorities for stimulating the birth rate and strengthening the family, the concept of the demographic development of the Russian Federation identified:

– formation of a system of social and personal values ​​focused on a family with two or more children;

– improving material well-being, the level and quality of life of the family;

– creation of socio-economic conditions favorable for the birth, maintenance and upbringing of several children, including conditions for the self-realization of young people, including the receipt of general and vocational education, work with decent salary, as well as the opportunity to provide the family with appropriate housing conditions.

Object of study is the legal regulation of additional measures of state support for families with children.

Subject of study is a mechanism for the implementation of the legal provision of families with children for material support.

The purpose of the study course work is the analysis and synthesis of regulations governing social support for families with children.

Objectives of the course work:

- to characterize an additional measure of state support for families with children - maternity (family) capital;

- study the rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital;

– to consider the directions of using the funds of maternity (family) capital.

source base composes the Constitution of the Russian Federation, Federal Laws, Decrees of the Government of the Russian Federation, Orders of the Ministry of Health and Social Development of Russia, additional literature and periodicals.

The structure of the course work meets the goals and objectives of the study and consists of an introduction, three chapters, a conclusion and a list of references and references. The first chapter reveals the concept and meaning of maternal (family) capital. The second chapter is devoted to the rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital. The third chapter describes in what directions the funds of maternity (family) capital can be used.

1. Maternal (family) capital: the concept and its meaning

1.1 The concept of maternity (family) capital and its legal regulation

The regulation of social security relations is carried out on the basis of the principles of universality of social security; differentiation of types, conditions and level of support depending on the labor contribution, reasons, needs and other socially significant circumstances; guaranteeing social assistance in cases where a person needs it due to circumstances recognized as socially significant. Only those principles are named here, the manifestation of which in the norms on maternity capital is of greatest interest.

Maternal (family) capital - federal budget funds transferred to the budget of the Pension Fund Russian Federation for the implementation of additional state support measures established by this Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children”.

The provision of measures of additional state support to families with children in the form of the right to maternity (family) capital is based on two circumstances: the birth (adoption) of a second and subsequent child and the period of time during which this happened, from January 1, 2007 to 31 December 2016

The right to receive maternity capital can be exercised once by certain categories of citizens provided for in the Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children”.

Confirmation of the right to additional measures of state support is a nominal document - a state certificate for maternity (family) capital.

The system of legislation that ensures the implementation of additional measures of state support for families with children includes legislative acts of various legal orientations:

- The Tax Code of the Russian Federation, part two, dated August 5, 2000 No. 117-FZ, containing a definition that includes maternity (family) capital funds allocated to ensure the implementation of additional measures of state support for families with children, in the number of income not subject to taxation (Clause 34, Article 217 of the Tax Code of the Russian Federation);

– Federal Law of May 19, 1995 No. 81-FZ “On State Benefits for Citizens with Children”, which establishes a unified system of state benefits for citizens with children in connection with their birth and upbringing, which provides state-guaranteed material support for motherhood, fatherhood and childhood;

– Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” establishes additional measures of state support for families with children in order to create conditions that provide these families with a decent life.

The by-laws that form the system of legislation on additional measures of state support for families with children include:

- Decree of the Government of the Russian Federation of December 12, 2007 No. 862 “On the rules for directing funds (part of funds) of maternity (family) capital to improve housing conditions” establishes the types of expenses for which funds (part of funds) of maternity (family) capital can be directed to improve living conditions, the procedure for submitting an application for the disposal of these funds and the list of documents required for consideration of the application, as well as the procedure and terms for transferring these funds;

- Decree of the Government of the Russian Federation of December 24, 2007 No. 926 “On approval of the Rules for the allocation of funds (part of funds) of maternity (family) capital for the education of a child (children) and the implementation of other expenses related to the education of a child (children)” establishes the procedure for directing funds (part of the funds) of maternity (family) capital for the education of the child (children) in any educational institution on the territory of the Russian Federation that has the right to provide relevant educational services, as well as for other expenses related to the education of the child (children), and determines the procedure for submitting the documents necessary for the allocation of funds for the specified purposes;

- Decree of the Government of the Russian Federation of December 30, 2006 No. 873 "On the procedure for issuing a state certificate for maternity (family) capital" - determines the procedure for submitting an application for issuing a state certificate for maternity (family) capital, provides a unified procedure for accepting and considering applications for its extradition and regulate the procedure for maintaining the federal register of persons entitled to receive additional measures of state support, including the terms and forms for submitting information to it.

maternal capital state support

Maternal (family) capital: the concept and its meaning

The concept of maternal (family) capital and its legal regulation

Maternal (family) capital is a form of state support for Russian families raising children. This support is provided from January 1, 2007 to December 31, 2016 at the birth or adoption of a second, third or subsequent child with Russian citizenship, provided that the parents have not exercised the right to additional state support measures.

Maternal capital - as a legal concept appeared in Russian legislation after the adoption of the Federal Law of December 29, 2006 No. 256-FZ (as amended on July 28, 2012) “On additional measures of state support for families with children” (hereinafter referred to as the Family Support Law).

State support is provided to women who have given birth (adopted) a second child since January 1, 2007; women who have given birth (adopted) a third and subsequent children since January 1, 2007, if they have not previously exercised the right to additional measures of state support; men who are the sole adopters of the second, third or subsequent children who have not previously exercised the right to additional measures of state support, if the court decision on adoption entered into force on January 1, 2007. If these persons have died or their right to additional measures of state support terminated on other grounds, then the right to receive additional measures of state support arises respectively from the father (adoptive parent) of the child or from the child (children in equal shares).

It should be noted that in the Family Support Law, the right to additional measures of state support arises at the birth (adoption) of a child (children) not only for women, but also for men. In particular, men who are the sole adopters of the second, third and subsequent children have such a right, if the court decision on adoption has entered into force on January 1, 2007. In the event of the death of the mother, her declaration of death, deprivation of parental rights, in the event of cancellation of adoption, the corresponding right to receive additional measures of state support arises from the father (adoptive parent) of the child. Thus, both a man and a woman, in principle, have equal rights in this area.

The emergence of the maternity capital program in our country could not but have an impact on legal system. Considering maternity capital through the prism of the branch of social security law, it is necessary to determine its place in the system of types of social security, how much it fits into the existing system of social security. At the same time, one should proceed from the fact that any branch of law basically has fundamental principles that determine the structure of the entire branch and determine the content of its norms. The regulation of social security relations is carried out on the basis of the principles of universality of social security; differentiation of types, conditions and level of support depending on the labor contribution, reasons, needs and other socially significant circumstances; guaranteeing social assistance in cases where a person needs it due to circumstances recognized as socially significant.

T.S. Guseva points to the influence of the demographic function of social security law on the structure of the industry. New guidelines entail a change in the institutional structure of the branch of law: the emergence of new institutions, a significant renewal of the old ones. At the same time, the existing institutions of the system of social security law, which had already taken shape at the time of the actualization of the demographic function - pensions, benefits, social services, state social assistance, become more complicated. Changes in the demographic function entail structural transformations in the branch of legislation. The introduction by the legislator of additional measures to support families with children led to “the appearance in the structure of the institution of benefits and social payments of a new sub-institution - maternity (family) capital” (we emphasize that one should not confuse maternity capital and payments at the birth of a child, child benefits, children's compensation).

Some researchers (A.N. Akhmedshina, Yu.B. Korsanenkova) are of the opinion that maternity (family) capital is a new type of social security: “... this measure is a completely new type of security both in terms of content and terms of provision. In particular, until now, social security has been provided in the form of cash payments (pensions, benefits) or in-kind services (prosthetics), and maternity capital cannot be obtained in money, although it is expressed in rubles.

But there is another opinion. So, T.S. Guseva substantiated that the targeted nature of the use of this cash payment brings maternity (family) capital closer to such a type of social payments as subsidies, similar features are non-cash form provision and financing of social payments from budgetary funds, it would be more correct to use the concept of “multi-purpose subsidy” to refer to this payment.

T.S. Guseva determines the place of the norms governing relations regarding the provision of maternity (family) capital in the system of the branch of social security law, believing that they are "united into a sub-institution, which is an integral part of the institution of social payments" .

It seems important to consider some legal relations arising in connection with maternity capital. For example, the ratio of the payment of maternity capital funds from the budget to repay a mortgage loan. It can be considered as a simple legal relationship, the subjects of which are the state represented by the Pension Fund of the Russian Federation (PFR) and the bank that receives maternity (family) capital in repayment of the loan. The grounds for its occurrence will be the legal composition: a loan agreement for the purchase of housing, the presence of debt under the loan agreement, the presence of a state certificate for the mother ( family capital), presentation of a certificate to the bodies of the Pension Fund of the Russian Federation in order to repay loan agreement, the right of ownership to the acquired residential premises from the person who owns the certificate, the obligation of the person who owns the residential premises to issue the specified residential premises in common property. However, in expanded form, such a legal relationship will be a complex of a number of simple legal relationships, in particular:

Relationships for obtaining a certificate,

Real estate loan relations

Relations on the repayment of a loan for real estate by means of maternity capital.

Today, this measure to stimulate the process of increasing the birth rate (maternity capital) is largely criticized. Indeed, maternity capital as a measure of social support for families with children has some aspects that significantly reduce its effectiveness.

Maternal capital conflicts with strong discrimination against desired reproductive behavior: “Families with many children are given negative labels that do not always coincide with the real state of affairs: such families are often associated with poverty, low social status, and low intellectual development. ... Maternity capital stimulates the development of a traditional, patriarchal, children's or even a large family, since its use is effective in most cases if there is a male breadwinner in the family.

It states that "this measure is not supported state support equal opportunities in the upbringing of children. In addition, “it is not built into the general neoliberal institutional design of social policy, which involves minimizing state support and targeted assistance to vulnerable groups. As a result, maternity capital is increasingly perceived as an ideology (or even a slogan)…” .

The provision of measures of additional state support to families with children in the form of the right to maternity (family) capital is based on two circumstances:

Birth (adoption) of the second and subsequent child;

The period of time during which this happened is from January 1, 2007 to December 31, 2016.

The Constitutional Court of the Russian Federation expressed its position on this issue: citizen G., who gave birth to her third child in 2004, challenged the constitutionality of certain provisions of the Family Support Law, incl. and the application of the Family Support Law to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2016. ) capital is not objectively justified and violates the principle of equality of all before the law, which is inconsistent with Art. 19, 38, 55 of the Constitution of the Russian Federation. The Constitutional Court of the Russian Federation refused to accept the complaint for consideration due to the lack of jurisdiction of the issue raised in it. In his opinion, the decision on the effect of the law in time, including giving it retroactive effect, is the prerogative of the legislator, and specific measures of social support for families and children in accordance with Art. 39 of the Constitution of the Russian Federation are established federal laws and laws of subjects of the Russian Federation.

But in judicial practice there are examples when the actual birth of a child took place before January 1, 2007. Thus, by the Decision of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 03.06.2011 No. 4-B11-15, the right of a citizen to receive a certificate was recognized, even if her child was born before On January 1, 2007, the citizen was denied the issuance of a state certificate for maternity (family) capital. The reason is that her second child was born before January 1, 2007. The Judicial Collegium for Civil Cases considered that there were no grounds for refusal, and explained the following: “The law on additional measures of state support for families with children provides that the right to such measures occurs in women who have given birth (adopted) a second child since January 1, 2007. Meanwhile, in the case under consideration, it was necessary to take into account that the second child of the plaintiff was born prematurely (due to emergency medical indications), i.e. for reasons beyond her control. In the event of a favorable pregnancy outcome, the child should have been born after January 1, 2007.” Taking this into account, in the opinion of the board, there were no grounds to deprive the plaintiff of the right to receive a state certificate for maternity (family) capital.

We also note that at the moment the question of the fate of maternity capital in the event of a family breakup has not been determined in any way. For example, spouses have divorced, questions arise about who the children will live with and about the division of jointly acquired property. In particular, the certificate is issued to the mother of the children, and the children, according to the agreement, either judgment will live with their father.

There may be at least such ways to solve the problem:

When establishing the regime of maternity capital funds as a measure to support a woman, the spouse cannot claim them,

If, however, they are considered as a means of supporting the family, then he can raise the question of his share, in particular when channeling capital to improve housing conditions.

There may be a third solution to the problem: “the right to family capital follows children, i.e. with whom the children live, the right to dispose of them belongs to him.

The right to additional measures of state support arises for a woman who gave birth (adopted) a 2nd child starting from January 1, 2007, and can be realized no earlier than after 3 years from the date of birth (adoption) of the 2nd child. It follows from this that the right to maternity capital depends only on the number of births (adoptions) of children, and not on the actual number of living children. In practice, this can lead to situations where families are supported who, for the purposes of the Family Support Act, should not be eligible for support.

For example, a woman gave birth to two children, but one of them died, nevertheless, at the birth of a second child and three years after his birth, she is included in the circle of persons entitled to maternity capital. Despite the exclusivity of such cases, we consider it unjustified to "tie" the right to receive maternity capital to the number of births of children. A similar situation may also arise when the adoption is canceled if the woman has already received a certificate, or maybe she has exercised this right. The right to maternity capital should be recognized only if there are living children by the time the right to dispose of capital is exercised. At the same time, in relation to the second (subsequent) child, provision must be made for them to reach the age of three or another age, which must be determined based on the purpose of the adoption of the Family Support Law.

At the same time, despite the existing criticism of certain provisions of the Law on Support for Families, nevertheless, after the message of the President of the Russian Federation V.V. Putin that the effect of maternity capital will last only until 2016, the deputies of the State Duma of the Russian Federation thought about the newly discovered problems of the demographic crisis. Many deputies believe that the lack of maternity capital will seriously affect the demographic situation in the country, since from 2017, in the absence of financial assistance, Russian women will again begin to give birth less.

According to I. Sokolova, deputy chairman of the Duma Committee on Family, Women and Children, the abolition of maternity capital will again put Russia in a difficult demographic situation. In view of this, in State Duma The Russian Federation is currently developing a proposal to extend the maternity capital for at least another 9 years, until 2025. I. Sokolova does not deny that the funds allocated for maternity capital cause significant damage to regional budgets, therefore she ordered the preparation of alternative ways to stimulate birth 2- th and 3rd child.

The draft federal budget for 2014 did not bypass the indexation of maternity capital. For 2014, the budget includes more than 140 billion rubles for these purposes.

Today, in many subjects of the Russian Federation, laws have been enacted that regulate the right to receive regional maternity capital. It is provided only to citizens of the Russian Federation who are registered at the place of residence on the territory of a constituent entity of the Russian Federation that pays regional maternity capital. The amount of capital in each region is different, as well as the purposes for which this capital can be spent. "The number of children in the family also varies, for the birth (adoption) of which a certificate for regional maternity capital is issued, in some regions already for the birth (adoption) of a second child, in some - a third" .

Regional maternity capital in the Republic of Mordovia is paid in case of birth in the family after January 1, 2012 of the third and subsequent child. The size of the regional capital is 40,789 rubles. The regional maternity capital will be paid in the form of a lump-sum payment upon reaching the third or subsequent child of two years of age.

Benefits will be indexed annually. The family can use the regional maternity capital at its discretion. In this case, the regional administration did not impose restrictions on the scope of the regional birth certificate. In the regional budget for 2012 - 2013. an amount of 181,608.6 thousand rubles was laid down for the payment of benefits and regional maternity capital, a similar amount is planned for 2014, this year the first payments of regional maternity capital in the Volgograd region will fall.

We note, however, that at a meeting with the President of the Russian Federation V.V. Putin, devoted to the issues of demographic policy, the Republic of Mordovia sounded among those regions where the regional authorities have established an insignificant amount of maternity capital. According to Vysota 102 news agency with reference to the transcript of the meeting, we are talking about regional maternity capital, which is paid in addition to the federal one.

In particular, Vladimir Putin stated that “regional maternity capital has been introduced in most subjects of the Federation, while its size, unfortunately, differs from region to region - and differs significantly, at times ... Given the effectiveness of such a measure as maternity capital, I asked heads of regions should think about what can be done additionally in this direction.

So, maternity (family) capital is federal budget funds transferred to the budget of the Pension Fund of the Russian Federation for the implementation of additional state support measures established by the Law on Support for Families. This is a form of state support for families with children. It has been carried out since 2007 at the birth (adoption) of the 2nd (3rd or subsequent - only if they have not previously exercised the right to additional measures of state support) of a child in the period from 01/01/2007 to 12/31/2016, having Russian citizenship. In accordance with the current legislation, the following have the right to receive maternity capital: a woman who has citizenship of the Russian Federation who has given birth (adopted) the 2nd or subsequent children starting from 01/01/2007; a man with citizenship of the Russian Federation, who is the sole adopter of the 2nd or subsequent children, if the court decision on adoption has entered into force since 01/01/2007; the father (adoptive parent) of the child, regardless of the citizenship of the Russian Federation, in the event of termination of the right to additional measures of state support for a woman who has given birth (adopted) children, due, for example, to death, deprivation of parental rights in relation to a child, in connection with the birth (adoption) of which the right arose to receive maternity capital, to commit an intentional crime against a child (children); a minor child (children in equal shares) or a child studying full-time education until he reaches the age of 23, upon termination of the right to additional measures of state support for the father (adoptive parent) or the woman who is the only parent (adoptive parent). In confirmation of the right to receive maternity capital funds, a state certificate is issued.