ST 360 of the Criminal Code of the Russian Federation.
1. An attack on a representative of a foreign state or an employee of an international organization enjoying international protection, as well as on official or residential premises or vehicles of persons enjoying international protection, is punishable by imprisonment for a term of two to six years.
2. The same act, committed for the purpose of provoking war or complicating international relations, is punishable by imprisonment for a term of five to ten years.
Commentary to Art. 360 Criminal Code
1. The victim is a representative of a foreign state or an employee of an international organization enjoying international protection.
The concept of an internationally protected person is contained in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973.
A representative of a foreign state enjoying international protection is a diplomatic representative of a foreign state, a consular official.
An employee of an international organization who enjoys international protection is the Secretary-General and certain other employees of the UN, UN specialized agencies, the Council of Europe, the Eurasian Economic Community, the Shanghai Cooperation Organization and other organizations.
The subject of the crime is the official or residential premises or vehicles of persons enjoying international protection.
2. The objective side is characterized by an attack, i.e. open or hidden unexpected aggressive and violent influence on objects or victims specified by law. An attack does not include murder and infliction of grievous harm to the health of victims, who must independently qualify under the relevant articles of the Criminal Code in conjunction with the article under comment.
3. The act is considered completed from the moment of the attack, regardless of the consequences.
Federal Law of November 30, 2011 No. 360-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
On the procedure for financing payments from pension savings
Adopted by the State Duma on November 23, 2011
Approved by the Federation Council on November 25, 2011
(As amended by federal laws dated December 3, 2012 No. 242-FZ, dated July 23, 2013 No. 251-FZ, dated December 28, 2013 No. 410-FZ, dated July 21, 2014 No. 216-FZ, dated June 29, 2015 No. 210-FZ, dated 03/07/2018 No. 49-FZ, dated 10/03/2018 No. 350-FZ, dated 02/24/2021 No. 20-FZ)
Article 1. Subject of regulation of this Federal Law
1. This Federal Law regulates relations related to the procedure for financing payments from pension savings funds formed in accordance with Federal Law of May 7, 1998 No. 75-FZ “On Non-State Pension Funds”, Federal Law of December 15, 2001 No. 167 -FZ “On compulsory pension insurance in the Russian Federation”, Federal Law of July 24, 2002 No. 111-FZ “On investing funds to finance funded pensions in the Russian Federation”, Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children", Federal Law of April 30, 2008 No. 56-FZ "On additional insurance contributions for funded pensions and state support for the formation of pension savings", Federal Law of December 28, 2013 No. 422-FZ "On guarantees rights of insured persons in the compulsory pension insurance system of the Russian Federation when forming and investing pension savings, establishing and making payments from pension savings.” (As amended by Federal Law No. 216-FZ dated July 21, 2014)
2. For the purposes of this Federal Law, pension savings mean:
1) pension savings funds formed in favor of insured persons for whom the Pension Fund of the Russian Federation or a non-state pension fund has established a funded pension and (or) an urgent pension payment, a lump sum payment of pension savings funds located in the Pension Fund of the Russian Federation or in a non-state pension fund and not transferred to trust management by management companies; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
2) pension savings funds formed in favor of insured persons who applied for a funded pension and (or) an urgent pension payment to the Pension Fund of the Russian Federation or a non-state pension fund, which are in trust management of management companies; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
3) pension savings funds formed in favor of insured persons for whom the Pension Fund of the Russian Federation has established a funded pension and (or) an urgent pension payment, received by the Pension Fund of the Russian Federation from management companies for transfer to the state management company with funds from the payment reserve and not yet transferred to her; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
4) pension savings funds formed in favor of insured persons for whom a funded pension and (or) fixed-term pension payment have been established by a non-state pension fund, received by the non-state pension fund from management companies for transfer to the management company with which the non-state pension fund has entered into a trust management agreement funds of the payment reserve and a trust management agreement for the pension savings of insured persons who have been assigned a fixed-term pension payment in separate investment portfolios and have not yet been transferred to it; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
5) funds of the payment reserve, as well as funds of pension savings formed in favor of insured persons who are provided with a fixed-term pension payment, which are in trust management of the management company with which the non-state pension fund has concluded an agreement on trust management of funds of the payment reserve and an agreement on trust management of pension savings funds insured persons for whom a fixed-term pension payment has been established, respectively, in the investment portfolio of the payment reserve funds and in the investment portfolio of the pension savings of the insured persons for whom a fixed-term pension payment has been established, or in the state management company of the payment reserve funds, with which the Pension Fund of the Russian Federation has concluded a trust agreement management of payment reserve funds and a trust management agreement for the pension savings of insured persons for whom a fixed-term pension payment has been established, respectively, in the investment portfolio of payment reserve funds and in the investment portfolio of pension savings of insured persons for whom a fixed-term pension payment has been established; (As amended by Federal Law No. 242-FZ dated December 3, 2012)
6) funds received by the Pension Fund of the Russian Federation from the state management company using the payment reserve for the payment of funded pensions and (or) urgent pension payments, but not yet paid to the insured persons; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
7) funds received by the non-state pension fund from the management company, with which a trust management agreement for the funds of the payment reserve and an agreement for the trust management of the pension savings of insured persons, who have been assigned an urgent pension payment, have been concluded, but have not yet been paid to the insured persons.
3. Other concepts and terms are used in this Federal Law in the meanings in which they are used to regulate the relevant relations in the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system”, Federal Law of May 7, 1998 No. 75-FZ “On Non-State Pension Funds”, Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance”, Federal Law of December 15, 2001 No. 167-FZ “On Compulsory pension insurance in the Russian Federation", Federal Law of July 24, 2002 No. 111-FZ "On investing funds to finance funded pensions in the Russian Federation", Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families, with children", Federal Law of April 30, 2008 No. 56-FZ "On additional insurance contributions for funded pensions and state support for the formation of pension savings", Federal Law of December 28, 2013 No. 400-FZ "On insurance pensions", Federal Law dated December 28, 2013 No. 424-FZ “On funded pensions”, Federal Law dated December 28, 2013 No. 422-FZ “On guaranteeing the rights of insured persons in the compulsory pension insurance system of the Russian Federation in the formation and investment of pension savings, establishment and implementation payments from pension savings." (As amended by Federal Law No. 216-FZ dated July 21, 2014)
Article 2. Types of payments made from pension savings
At the expense of pension savings formed in favor of the insured person, the following types of payments are made:
1) one-time payment of pension savings (hereinafter referred to as one-time payment);
2) urgent pension payment;
3) funded pension; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
4) payment of pension savings to the legal successors of the deceased insured person.
Article 3. Exercise of the insured person’s right to payments from pension savings
1. The insured person has the right to apply for the assignment of payments from the pension savings funds specified in paragraphs 1 - 3 of Article 2 of this Federal Law to the insurer with whom the insured person forms pension savings on the day of applying for the assignment of the corresponding payment.
2. Insured persons who have formed pension savings funds at the expense of additional insurance contributions, employer contributions, contributions for co-financing the formation of pension savings, income from their investment, funds (part of the funds) of maternity (family) capital aimed at forming a funded pension, income from their investment, has the right, at his choice, to receive the specified funds in the form of an urgent pension payment, paid for at least 120 months (10 years) from the date of its appointment or as part of a funded pension. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
3. The amount of payments specified in paragraphs 1 - 3 of Article 2 of this Federal Law is determined based on the amount of pension savings accounted for in a special part of the individual personal account or in the pension account of the insured person’s funded pension on the day from which the corresponding type of payments is assigned, but not less than the amount of guaranteed funds determined in accordance with the Federal Law “On guaranteeing the rights of insured persons in the compulsory pension insurance system of the Russian Federation when forming and investing pension savings, establishing and making payments from pension savings.” (As amended by federal laws dated December 28, 2013 No. 410-FZ; dated July 21, 2014 No. 216-FZ)
4. The payment specified in paragraph 4 of Article 2 of this Federal Law is carried out in the manner established by this Federal Law, Federal Law of May 7, 1998 No. 75-FZ “On Non-State Pension Funds”, Federal Law of December 28, 2013 No. 424 -FZ “On funded pensions”. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
5. The procedure and conditions for compensation of missing funds in the event that the amount of pension savings of the insured person recorded in the special part of the individual personal account and in the pension account of the funded pension on the day from which the corresponding type of payments is established, specified in paragraphs 1 - 3 of Article 2 of this Federal Law, less than the total amount of insurance contributions for a funded pension, funds for additional insurance contributions for a funded pension, employer contributions, contributions for co-financing the formation of pension savings, funds (part of the funds) of maternity (family) capital aimed at the formation of a funded pension, subject to accounting in a special part of an individual personal account and in a funded pension account for the entire period of formation of pension savings, are established by a separate federal law. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
6. The Pension Fund of the Russian Federation and non-state pension funds are obliged to inform insured persons about the types of payments financed from pension savings by posting information on their official websites and in the media, when the insured persons personally contact the territorial body of the Pension Fund of the Russian Federation or a non-state pension fund, as well as by sending information to the insured persons in the form of an electronic document using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services. (As amended by federal laws dated December 3, 2012 No. 242-FZ; dated July 21, 2014 No. 216-FZ)
Article 4. One-time payment of pension savings
1. A one-time payment is made to the following categories of insured persons:
1) persons who have not acquired the right to receive a funded pension in accordance with Article 6 of the Federal Law of December 28, 2013 No. 424-FZ “On Funded Pension” - upon reaching the ages of 60 and 55 years (men and women, respectively);
2) persons whose funded pension, if assigned, would be 5 percent or less in relation to the amount of the old-age insurance pension (including taking into account the fixed payment to the old-age insurance pension and increases in the fixed payment to the insurance pension), calculated in accordance with the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”, and the amount of the funded pension calculated in accordance with the Federal Law of December 28, 2013 No. 424-FZ “On the Funded Pension”, calculated as of the date of appointment funded pension in accordance with Federal Law dated December 28, 2013 No. 424-FZ “On funded pension” - upon reaching the ages of 60 and 55 years (men and women, respectively), and to persons specified in Part 2 of Article 6 of Federal Law dated 28 December 2013 No. 424-FZ “On Cumulative Pension” - upon reaching the age or the onset of the period determined in accordance with Federal Law dated December 28, 2013 No. 400-FZ “On Insurance Pensions” as of December 31, 2021, and subject to the conditions that give the right to early assignment of an old-age insurance pension (availability of the required insurance period and (or) length of service in the relevant types of work and the established value of the individual pension coefficient).
(Part as amended by Federal Law dated October 3, 2018 No. 350-FZ)
11. A one-time payment is not made to persons who previously received a funded pension. (Part introduced - Federal Law No. 216-FZ dated July 21, 2014)
12. Insured persons who have exercised the right to receive pension savings in the form of a lump sum payment have the right to apply again for a lump sum payment no earlier than five years from the date of the previous application for payment of pension savings in the form of a lump sum payment. (Part introduced - Federal Law No. 216-FZ dated July 21, 2014)
2. The procedure for making a lump sum payment is determined by the Government of the Russian Federation.
Article 5. Urgent pension payment
1. Urgent pension payment is carried out to insured persons who have formed pension savings through additional insurance contributions for a funded pension, employer contributions, contributions for co-financing the formation of pension savings, income from their investment, funds (part of the funds) of maternal (family) capital aimed at the formation funded pension, income from their investment, upon reaching the ages of 60 and 55 years (men and women, respectively) and subject to the conditions entitling them to an old-age insurance pension (availability of the required insurance period and the established value of the individual pension coefficient), and to persons specified in Part 2 of Article 6 of the Federal Law of December 28, 2013 No. 424-FZ “On Funded Pensions” - upon reaching the age or the deadline determined in accordance with the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” as of December 31, 2021. (As amended by Federal Law dated October 3, 2018 No. 350-FZ)
2. Establishment and payment, including delivery, of urgent pension payments are made in the manner prescribed by Federal Law No. 424-FZ of December 28, 2013 “On funded pensions,” unless otherwise established by the legislation of the Russian Federation. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
3. The amount of urgent pension payment is determined by the formula:
SP = PN / T,
where SP is the amount of immediate pension payment;
PN - the amount of pension savings formed from additional insurance contributions for a funded pension, employer contributions, contributions for co-financing the formation of pension savings, income from their investment, funds (part of the funds) of maternity (family) capital aimed at the formation of a funded pension, income from their investment, recorded in a special part of the individual personal account or in the pension account of the insured person’s funded pension as of the day from which he is assigned an urgent pension payment, but not less than the amount of guaranteed funds determined in accordance with the Federal Law “On Guaranteeing the Rights of the Insured persons in the compulsory pension insurance system of the Russian Federation when forming and investing pension savings, establishing and making payments from pension savings"; (As amended by federal laws dated December 28, 2013 No. 410-FZ; dated July 21, 2014 No. 216-FZ)
T - the number of months of the period for payment of an urgent pension payment, indicated in the application of the insured person for the assignment of an urgent pension payment, which cannot be less than 120 months (10 years).
4. The amount of the fixed-term pension payment from August 1 of each year is subject to adjustment based on the amount of additional insurance contributions for the funded pension, employer contributions, contributions for co-financing the formation of pension savings, income from their investment, funds (part of the funds) of maternal (family) capital, aimed at forming a funded pension, income from their investment, which were not taken into account when determining the amount of pension savings for calculating the amount of an urgent pension payment when it was assigned or the previous adjustment provided for by this part. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
5. Adjustment of the amount of urgent pension payment is carried out according to the formula:
SV = SVk + PNk / T,
where SV is the amount of urgent pension payment;
СВк - the established amount of urgent pension payment as of July 31 of the year in which the corresponding adjustment is made;
Pnk - the amount of pension savings formed from additional insurance contributions for a funded pension, employer contributions, contributions for co-financing the formation of pension savings, income from their investment, funds (part of the funds) of maternity (family) capital aimed at the formation of a funded pension, income from their investments, taken into account as of July 1 of the year from which the corresponding adjustment is made; (As amended by Federal Law No. 216-FZ dated July 21, 2014)
T - the number of months of the payment period indicated in the insured person’s application for the assignment of an urgent pension payment, reduced by the number of months that have elapsed from the date of assignment of the urgent pension payment as of July 31 of the year in which the corresponding adjustment is made. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
6. If the death of the insured person occurred before the assignment of an urgent pension payment to him or before adjusting its size taking into account additional pension savings, the funds accounted for in a special part of the individual personal account or in the pension account of the funded pension (with the exception of funds (part of the funds) maternal (family) capital aimed at forming a funded pension, income from their investment) are paid to its legal successors in the manner prescribed by Part 6 of Article 7 of the Federal Law of December 28, 2013 No. 424-FZ “On Funded Pension”. (As amended by Federal Law No. 216-FZ dated July 21, 2014)
7. In the event of the death of the insured person after the assignment of an urgent pension payment to him, the balance of pension savings (with the exception of funds (part of the funds) of maternal (family) capital aimed at forming a funded pension, income from them and
Second commentary to Art. 360 of the Criminal Code of the Russian Federation
1. The object of the crime is the safety of persons or institutions enjoying international protection. The subject of the crime is the property of these persons, as well as the property of the relevant states and international institutions (office and residential premises, vehicles, etc.).
2. The objective side of this crime, provided for in Part 1 of Art. 360 of the Criminal Code, is expressed in the following actions: 1) an attack on a representative of a foreign state or an employee of an international organization enjoying international protection and 2) an attack on office or residential premises or a vehicle of these persons.
3. The subject of the crime is a person who has reached 16 years of age.
4. The subjective side is characterized by direct intent.
5. Part 2 art. 360 of the Criminal Code of the Russian Federation provides for increased liability for an act provided for in Part 1 of this article, committed with the aim of provoking war or complicating international relations.
6. The subjective side of qualified personnel presupposes the presence of a special goal - provoking war or complicating international relations (severance or deterioration of diplomatic relations, termination of treaties, etc.).
How to check the work of the management company for the maintenance of a residential building in the Moscow region
Any complaints about the maintenance of common property in an apartment building (MCD) must be immediately eliminated by management companies (MCs). It happens that management companies are in no hurry to fulfill their duties efficiently. What to do in this case for residents of the Moscow region, read on the portal mosreg.ru.
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Responsibilities of the management company
The State Housing Inspectorate summed up the work of management organizations in the Moscow region since the beginning of the year
Source: Main Directorate of the State Housing Inspectorate of the Moscow Region
When a person buys an apartment in a multi-apartment building, he purchases not only the housing itself, but also part of the common property of the building, which belongs to all residents.
This property, in particular, includes inter-apartment landings, stairs, elevators, elevator shafts, corridors, technical floors, attics, basements, mechanical, electrical, sanitary and other equipment, and land under the house.
The common property of the MKD must be maintained in proper form and condition - it must be safe and comfortable to use for its intended purpose. For this purpose, residents create a homeowners' association (HOA) or a cooperative or enter into an agreement with a management company (MC).
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How to tell if your home is poorly managed
If there is insufficient hot water in the apartment, utility bills are inflated, the roof is leaking, mold has appeared on the walls and ceilings, or there are other complaints about the maintenance of the house, the owner has the right to demand that the management company eliminate the violations. Deficiencies must be immediately eliminated by employees of management organizations at the request of residents.
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Where to contact
The first thing you need to do if you have any complaints about the contents of an apartment building is to contact your management company directly.
If a misunderstanding has arisen, management company employees are in no hurry to resolve complaints, or a situation has arisen that requires an immediate response, you need to call the hotline of the Unified Dispatch Service of the Moscow Region (EDS MO) in your municipality or send a request through the website. Today this is one of the most effective methods of influencing management companies. The deadlines for the execution of applications in this system are clearly regulated.
If in this case there is no action on the part of the Criminal Code, the intervention of the State Housing Inspectorate (GZHI) will be required.
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How to initiate a civil housing inspection
Inspector of the State Housing Inspectorate
Source: Main Directorate of the State Housing Inspectorate of the Moscow Region
In order for the department to take up the solution to the problem, it is necessary to issue an official request.
If you have an account on State Services, the request can be submitted through the website of the State Information System of Housing and Communal Services (GIS Housing and Communal Services). Applications are registered within three days.
The second option is to send the application by Russian Post to the GZHI office at the address: Moscow region, Odintsovo urban district, rural settlement of Barvikhinskoye, village of Razdory, 1st km of Rublevo-Uspenskoe highway, house No. 1A. The information contained in the application is verified by inspectors within 30 days.
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Test results
Roof repair
Source: Main Directorate of the State Housing Inspectorate of the Moscow Region
If the State Housing Inspectorate identifies violations of housing legislation on the part of the management organization, inspectors will help influence it and oblige them to eliminate them.
According to the instructions of the State Housing Inspectorate, residents of the Moscow region can receive a refund for housing and communal services that were not provided, services of inadequate quality, or for the fact that the wrong formula was used when calculating fees.
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