ON THE APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCES TO THE BODIES OF THE INTERNAL AFFAIRS EMPLOYEES OF THE RUSSIAN FEDERATION
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On Guarantees social workers bodies of internal affairs of the Federation of the Russian Federation and amendments to certain legislative Russian acts Federation"<1>I order:
<1>Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, art. 6407; No. 49, Art. 7020; 7608, No. 53, art. 2012.
1. Approve:
1.1. The procedure for providing monetary employees with the allowance of the internal affairs bodies Russian application(Federation N 1).
1.2. The list of normative legal acts of the Russian Ministry of Internal Affairs and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (To Heads No. 2).
2. application of the territorial units of the central apparatus of the Ministry of Internal Affairs<1>, Russian bodies of the Ministry of Internal Affairs of Russia, educational scientific, research institutions, medical and sanitary and sanatorium organizations of the resort system of the Ministry of Internal Affairs of Russia, district material departments and technical supply of the system of the Ministry of Internal Affairs as well, and Russia of other organizations and divisions created for the fulfillment of tasks and the exercise of powers, assigned to the internal affairs bodies of the Russian Federation, organize the payment of allowances to the internal affairs bodies of the Russian Federation in accordance with this order.
<1>With the main exception of the command of the internal troops of the Ministry of Internal Affairs Control.
3. To entrust Russia with the implementation of this order to the Minister, Deputy Major General of Police A.A. Gostev.
Police Lieutenant Minister
V. KOLOKOLTSEV
Appendix No. 1
to the Ministry of Internal Affairs order of Russia
dated 31.01.2013 N 65
MAINTENANCE OF THE EMPLOYEES OF THE AUTHORITIES
OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
1. Monetary allowance of the bodies of employees of the internal affairs of the Russian Federation<1>of an official consists of a salary and a salary for a special rank, which make up the salary of a monetary allowance, monthly and additional other payments<2>.
<2>Federal Law of July 19, 2011 N 247-FZ "On social guarantees of bodies for employees of internal affairs of the Russian Federation and amendments to certain legislative acts of the Russian Assembly" (Federation of Legislation of the Russian Federation, 2011, N 30, art. 6407; N 46, 4595; N 49, item 7020; 2012, N 53, item 7608). Further - "Federal Law" On Social Guarantees ".
2. The basis for the monetary payment of allowances is the order of the head of the main, department of management, department of the Ministry of Internal Affairs of Russia, the central National Bureau of Interpol, the territorial body of Russia of the Ministry of Internal Affairs, an educational institution (including the Suvorov military school, college, lyceum), scientific and medical, research - sanitary and sanatorium-resort organization of the Ministry of Internal Affairs of the Russian system, district department of material supply technical system Ministry of Internal Affairs of Russia, organizations of sports, culture and sports organizations, editorial offices of electronic and printed publications, printing houses and other organizations and divisions, for the established tasks and exercise of powers, bodies in charge of internal affairs of the Russian Federation,<1>o position on appointment, placement at the disposal, secondment to the federal state authority, other state body of the organization to or with the remaining in the personnel of the Ministry of Internal Affairs of Russia.
3. Official salaries and additional payments are established for employees and changed by order of the head, indicating the specific and grounds for the size for each employee and the date from which they are paid, determined by this order, and if not the date is determined, then from the date of its signing.
4. Payment of allowances in cash for the current month is made one period in time from the 20th to the 25th day.
5. Payment of monetary allowance for the period specified earlier in paragraph 4 of this Procedure to the Employee:
5.1. allowed, departing on vacation - for the current and the next later, not months three days before departure, excluding weekends and non-working holidays.
5.2. An employee new to a departing duty station.
5.3. An employee sent on a business trip - for the current month, if during the period of monetary allowance for the current month he cannot permanently arrive at the duty station.
6. An employee who arrives at a new place of service is paid a monetary allowance from the next day after the day of providing monetary allowance at the place of the previous service.
7. In case of payment of monetary incomplete allowances for a month, its amount for each calendar day is determined by dividing the monetary full monthly allowances by the number calendar days in this month.
8. When an employee fulfills official conditions for part-time duties, the amount of monetary allowance is determined in proportion to the established duration of official time.<1>.
<1>Labor Code of the Russian Federation, Collection 93 (Article of the Legislation of the Russian Federation, 2002, N 1, Art. 3; N 30, Art. 3033, Art. 3014; 2003, N 27, Art. 2700; 2004, N 18, Art. 1690 ; N 35, item 2005; 3607, N 1, item 27; N 19, item 1752; 2006, N 27, item 2878; N 52, item 5498; 1930, N 1, item 34; N 17, item 2007; N 30, item 3808; N 41, item 4844; N 43, item 5084; N 49, item 6070; 812, N 9, item 2008; N 30, item 3613; N 30, item 3616; N 52, item 6235, item 6236; 2270, N 1, item 17, item 21; N 19, item 2009; N 29, item 3604; N 30, item 3732, item 3739; N 46, item 5419; N 48, item 2010; 5717, N 31, item 4196; N 52, item 7002; 2011, N 1, item 49; N 25, item 3539; N 27, item 4586; N 30, item 3880, item 4590, item 4591, item 4596; N 45, item 6333, item 6730; N 48, item 6335, item 6735; N 49, item 7015, item 7031; N 50, item 7359; 1164, N 10, item 2012; N 14, item 1553; N 18, item 2127). Further - " Labor Employee".
9. Code, illegally transferred to a lower position, to the position of the order of the head, the short-received monetary allowance is paid for the position he previously occupied in the internal affairs bodies for the entire period up to the day of his position in restoration, inclusive.
II. Official salaries and salaries for special ranks
10. Official salaries for standard positions and special salary ranks are paid in the amounts established by the Russian Government of the Federation<1>.
<1>Established by Decree of the Government of the Russian Federation of November 3, 2011 N 878 "On the establishment of monthly salaries of the monetary maintenance of employees of the internal affairs bodies of the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 46, art. 6504; 2012, N 12, art. 1410 ). resolution - "Further by the Government of the Russian Federation of November 3, 878 N 2011".
11. Salaries for non-standard positions are paid in the established amounts in relation to the salaries for standard federal<1>.
<1>positions, the law "On Social Guarantees", part 4 to the Employee 2.
12. of the article, transferred to a lower position in the internal affairs bodies, the official salary is retained in the amount of the last one for the established position, which he occupied before being appointed to the lower position, if the transfer was made according to the following Federal<1>:
<1>grounds of the law of November 30, 2011 N 342-FZ "On bodies in the internal affairs service of the Russian Federation and amendments to certain legislative acts of the Russian article", Federation 30 (Collected Legislation of the Russian Federation, 7020, N 49, art. 2011; 2012 , N 50, item 6954). Further - "Federal service" About the law in law-enforcement bodies ".
12.1. According to the state of health with the conclusion of the military medical commission.
12.2. In the reduction due to the position being replaced by the employee.
12.3. In connection with the reinstatement of the employee in the position that he occupied earlier, in the event that this position is replaced by another one and the employee has an equivalent position.
13. The payment of the saved salary of an official is made until the employee receives the rights of a higher official salary due to an increase in in due course or an employee appointed to a position in the internal affairs bodies with a higher official salary<1>.
<1> the federal law"On Bodies in the Internal Affairs Service", Part 8 of Article 30.
Monthly. III additional payments
14. Monthly allowance to the monetary salary of the maintenance for the length of service (length of service is established) years as a percentage in the following amounts for the length of service (length of service)<1>:
<1>Federal law "On the social part", guarantees 7 articles 2.
1) from 2 to 5 years - 10;
2) from 5 to 10 years - 15;
3) from 10 to 15 years - 20;
4) from 15 to 20 years - 25;
5) from 20 to 25 years - 30;
6) 25 years and more - 40.
15. The order of the head on the monthly establishment of an allowance to the salary of the monetary content for the services of service (length of service) is issued in accordance with the conclusion of the commission<1>.
<1>Order of the Ministry of Internal Affairs of Russia dated April 26, 283 N 2003 "On the procedure for organizing work on the calculation of years of service for assigning a percentage allowance for years of service to the salary of employees of the internal affairs bodies of the Russian Federation" (registered in Russia by the Ministry of Justice on May 19, 2003, registration N taking into account), with 4560 changes made by orders of the Ministry of Internal Affairs of April dated 8 Russia, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated November 15, 2005 N 925 (registered with the Ministry of Justice of Russia on December 12, 2005 year, registration N 7261).
16. The length of service (years of service) for the payment of a monthly salary to the cash allowance for the length of service (years of service) is determined in the manner established by the Government of the Federation of the Russian Federation<1>.
<1>The rules for calculating the length of service (years of service) for the payment of a monthly allowance to the monthly salary for the length of service (years of service) for employees of the internal affairs bodies of the Russian Federation were approved by Decree of the Government of the Russian Federation of December 27, 2011 N 1158 (Collected Legislation of the Russian Federation, 2012 , N 1, item 188; N 25, item 3383).
17. Monthly salary increment for an official for a qualifying rank<1>is set as a percentage of the salary of the official<2>in the following sizes:
<1>Order of the Russian Ministry of Internal Affairs dated January 10, 2012 N 1 "On approval of the Instruction on the assignment of qualification ranks to employees of internal affairs bodies of the Russian Federation" (registered with the Ministry of Justice on February 28, 2012, registration N 23353).
<2>Federal Law "On Social Guarantees", Part 9 of Article 2.
1) for the title qualification specialist third class - 5;
2) for a qualifying specialist, the title of the second class - 10;
3) for the qualification title of the first class specialist - 20;
4) for the qualification title of master (highest qualification title) - 30.
18. Monthly bonus to the official special salary conditions of service<1>established in the amount of up to 100 percent of the official salary<2>in accordance with the List of Special Service Conditions for Employees of the Internal Affairs Bodies of the Russian Federation and the Limits on the Monthly Official Salary for Special Conditions of Service approved by the Government of the Russian Federation<3>.
<2>Federal Law "On Social Guarantees", Article 10 Part 2.
<3>Decree of the Government of the Russian Federation of December 8, 2011, N 1021 "On the monthly bonus to the official, special salary conditions for employees of the internal affairs bodies of the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 51, Art. 7532). Further - "List of conditions of special service".
19. If an employee is entitled to allowances for special conditions for several reasons in accordance with the List of special conditions of service, then these allowances are summed up. The total amount of special conditions for allowances cannot exceed 100 official percent of the employee's salary.
20. The list of positions for employees whose replacement is paid an allowance for special service conditions, and the amount of allowances for these positions in relation to the functions and tasks performed by the relevant employees of which employees serve in the units, are established by the Ministry of Internal Affairs by Order of Russia dated December 19, 2011 N 1259 "On the List of Approval of the Positions of Employees of the Internal Affairs Bodies of the Russian Federation, upon Substitution of which a Monthly Bonus is Paid for Special Conditions of Service, and Size Bonuses for These Positions" (registered with the Ministry of Justice on January 13, 2012, registration N 22904), as amended by by orders of the Ministry of Internal Affairs of Russia dated April 2, 2012 N 301 (registered with the Ministry of Justice of Russia on June 7, 2012, registration N 24493), dated June 25, 625 N 2012 (registered with the Ministry of Justice of Russia on August 3, 2012, registration N 25101) and dated October 16, 2012 N registered (943 in the Ministry of Justice of Russia on December 11, 2012 registration, year N 26080).
21. An employee who is admitted to a state permanent job on a secret basis is paid a monthly bonus to the salary of an official for work with information constituting state size <1>, in secret up to 65 percent<2>, depending on the degree of secrecy to which he has access to information.
<2>Federal Law "On Social Guarantees", Part 11 of Article 2.
22. Incentive payments for special achievements in the service<1>are established in a certain order by order of the Ministry of Internal Affairs of Russia<2>.
<1>Federal social "On the law of guarantees", part 13 of article 2.
<2>Order of the Russian Ministry of Internal Affairs of December 19, 2011 N 1258 "On approval of the establishment of the Procedure for incentive payments for special achievements in employees of the internal affairs bodies of the Russian Federation Registered" (of the Federation in the Ministry of Justice of Russia on January 13, 2012 registration, year N 22902), subject to changes made Ministry of Internal Affairs by orders of Russia of April 2, 2012 N 301 (Ministry of Justice registered in Russia on June 7, 2012, 24493 N registration), dated June 25, 2012 N 625 (registered in Russia by the Ministry of Justice on August 3, 2012, registration N Surcharge).
23. 25101 k official salary for the performance of tasks associated with a danger to life and health in time of peace<1>, is paid in the amount of up to 100 percent of the salary of an official in the manner determined by the Government of the Russian Federal<2>.
<1>Federation Law "On Social Guarantees", part 14 Further 2. articles - "risk premium".
<2>Decree of the Government of the Russian Federation of December 24, 2011 N 1122 "On additional payments to military personnel undergoing military service under a contract, bodies to employees of the internal affairs of the Russian Federation, bodies and institutions of the penitentiary system for performing related tasks with risk (increased danger) for health and life in peacetime" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2012, N 1, art. 162).
24. The risk premium is paid in accordance with the list of positions and in the amounts determined by the Ministry of Internal Affairs by order of Russia<1>.
<1>The list of positions of employees of the internal affairs bodies of the Russian Federation, in which the replacement is paid an allowance to the official salary for tasks related to an increased danger to health and life in peacetime, approved by order of the Russian Ministry of Internal Affairs dated February 20, 2012 N 106 (registered in the Russian Ministry of Justice April 10, 2012, registration No.), with 23783 changes introduced by orders of the Ministry of Internal Affairs of June 25 of Russia, 2012 N 625 (registered with the Ministry of Justice of August 3 of Russia, 2012, registration N 25101), dated October 16, 2012 N 943 ( registered with the Ministry of Justice of Russia on December 11, 2012, registration N 26080) and on December 3, 1069 N 2012 (registered with the Ministry of Justice of Russia on February 27, 2013, registration N 27363).
IV. Awards for conscientious performance of duties
25. Employees are paid bonuses for conscientious performance of official duties at the rate of three monetary salaries per year<1>.
<1>Federal Law "On Social Guarantees", part 12 of article 2. Further in this award - "section".
26. The bonus is paid monthly at the rate of five twenty percent of the salary of the monetary content, to the employee established on the first day of the month for which the payment is made.
27. The bonus is paid in proportion to the time the employee performs official duties in the corresponding calendar calculation.
28. In a month, the period for the payment of the bonus time includes training, holidays with the preservation of monetary exemption, allowance from the performance of official duties due to temporary disability.
29. The amount of the premium for each calendar service day is determined by dividing the total monthly amount for the premium, determined in accordance with paragraph 26 of this number, by the order of calendar days in this month.
30. Enrolled, Employees at the disposal, bonuses may be paid on the basis of the order of the head, taking into account the actual volume of official duties performed by them within the limits of five twenty percent of the salary.
31. On the basis of an order based on the head, the bonus is not paid to employees temporarily suspended from duty<1>.
<1>Federal Service "On the Law in the Internal Affairs Bodies", Article 73.
32. On the basis of the order of the head, employees who have a strict disciplinary "reprimand", "warning about incomplete official transfer", "correspondence to a lower position in the internal authorities", cases are not paid within one month from bringing their day to disciplinary responsibility.
33. Employees dismissed from the bodies to the internal affairs services, the bonus on the basis of the head of the order is not paid in the month of dismissal, if the dismissal was made for the following reasons:
33.1. Gross violation of discipline by an employee.
33.2. Repeated violation of official discipline by an employee if he has a disciplinary imposed, penalty in writing by order of the head of the federal executive body in the field of internal affairs or an authorized head.
33.3. Refusal of an employee from a lower position for transfer in the internal affairs bodies in the execution of the order disciplinary action.
33.4. Violation of the terms of the contract by the employee.
33.5. Non-compliance by an employee with restrictions and prohibitions established by federal laws.
33.6. Loss of trust.
33.7. Submission of documents forged by an employee or knowingly false when entering the service in the internal affairs bodies as well, and cases of submission by an employee during the period of passage of false documents to the internal affairs services by an employee knowingly or false information confirming its compliance with the legislation of the Russian Federation in terms of conditions relating to the replacement of the corresponding positions in internal affairs bodies, if this does not entail criminal liability.
33.8. Conviction of an employee for a crime, as well as in relation to the termination of an employee of criminal prosecution due to the statute of limitations, in connection with the reconciliation of the parties, due to an amnesty for an act, in connection with active repentance.
33.9. Committing a discrediting, misdemeanor honor of an employee of the internal organs Violation.
33.10. cases by an employee of mandatory rules when concluding a contract.
34. Within the limits of the funds provided for the payment of monetary allowances, employees who successfully perform particularly important and complex tasks may be additionally paid one-time bonuses.
35. The decision on the payment of a one-time bonus, paragraph 34 of this Procedure provided for, is drawn up by order in relation.
36. For the head of the heads of departments and their deputies, the decision on a one-time payment of the bonus is made by the higher head.
37. Numbers from Employees of cadets and students educational institutions of the Ministry of Internal Affairs of the Russian Federation (except for the positions of deputy platoon commanders, commanders of departments, as well as students of the Academy of the Ministry of Internal Affairs of Russia), the bonus is paid depending on the results of the intermediate or state final certification, educational or pre-diploma following in practice sizes (as a percentage of the salary in cash) content stock:
1) marks "excellent" or excellent "marks" and "good" - 25;
2) ratings "good" - 20;
3) ratings "satisfactory" and "excellent", or ratings "good" and "satisfactory", ratings or "excellent", "good" and "satisfactory" - 15;
4) assessments "assessments" - 10;
5) satisfactory "unsatisfactory" or "not passed" marks, which were retaken for a grade not lower than "satisfactory" or "mark" passed - 5.
38. Employees from among the cadets of the first educational courses of institutions of the Ministry of Internal Affairs of Russia in the period from the beginning of the year until the end of the first intermediate certification premium are paid at the rate of twenty-five salaries from the percentage of the salary.
39. The order of the head on the payment of bonuses to employees from among the cadets and students (substituting, in addition to the position of deputy commanders of platoons, commanders' departments, as well as students of the Academy of Management of Russia of the Ministry of Internal Affairs) is issued twice a year based on the results of the intermediate or final state training, certification or undergraduate practice(with a personal list, indicating the amount of the award), taking into account the present 31 - 32 points of the Procedure.
V. Regional coefficients, coefficients for high-mountain regions for service, in desert and waterless areas, interest allowances for service in regions of the Far North, them to equated areas and other areas with unfavorable or climatic environmental conditions, including monetary
40. To the remote satisfaction of employees serving in the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote conditions, coefficients are established (service, for district in high mountain areas, for service in desert and areas anhydrous) and interest surcharges provided for by the legislation of the Federation of the Russian<1>.
<1>Federal Law "On Social Guarantees", Article 15 Part 2. Further - "coefficients and percentage surcharges".
41. application
1) official salary;
2) salary according to a special rank;
3) a monthly bonus to the salary of the seniority for the maintenance of the service (length of service);
4) a monthly salary increase for an official for a qualifying rank;
5) a monthly salary bonus for an official for special conditions of service;
6) monthly bonus to the official salary for work with information constituting a state secret<1>.
<1>Federal law "On the social part", guarantees 15 article 2.
42. Coefficients and percentage allowances are paid (applied) in accordance with the Rules for the application of coefficients (military, for district service (service) in highland areas, for military service (service) in desert and waterless areas) and percentage allowances for the monetary allowance of military personnel passing military service under the contract, and employees of the internal affairs bodies of the Russian Federation, institutions and bodies of the penal system of the executive, performing military service (service) in the Far North, areas equated to them, and others in areas with adverse climatic or environmental conditions, in including remote areas, high mountain areas, desert and arid areas<1>.
<1>Approved by the Government by Decree of the Russian Federation dated December 30, 2011 N in size "On 1237 coefficients and percentage allowances and their procedure for applying the calculation of the monetary allowance of military personnel serving under a contract, and employees of certain federal executive bodies undergoing military service (service) in the regions of the Far North and equivalent areas, as well as in other areas with adverse or climatic environmental conditions, including areas in remote, high-mountainous areas, desert and waterless Collection "(localities of the legislation of the Russian Federation, 2012, N 3, art. 1410 ; N 12, item 436; N 36, item 4915). Further - "Decree of the Government of the Russian Federation of December 30, 2011 N 1237".
43. The size of the percentage and coefficients of allowances are determined by the Government of the Russian Federation Defined<1>.
<1>Federation by Decree of the Government of the Russian Federation of December 30, 2011 N 1237.
VI. Other additional payments
44. having, Employees higher legal education and replacing the main ones, in positions of official duties for which includes legal examination of legal acts and draft legal acts, preparation and editing of draft legal approvals and their acts as a lawyer or executor, a monthly allowance is paid in the amount of up to 50 percent of official dependence<1>in the salary of the volume and complexity of the examinations of legal legal acts and projects of legal work carried out by employees, acts for the preparation and editing of legal drafts. acts, the allowance is established:
<1>Decree of the President of the Russian Federation of May 8, 2001 N 528 "On certain strengthening by measures of the legal services of state bodies" (legislation Sobranie Rossiyskoy Federatsii, 2001, N 20, art. 2000). legal - "Further surcharge."
44.1. Employees filling the positions of Deputy First (Deputy) Minister of Internal Affairs of the Russian Federation, Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation, Deputy Minister - Investigative Head of the Department of the Ministry of Internal Affairs of Russia, having a higher legal education - Minister of Internal Affairs of the Russian Federation.
44.2. Employees replacing the positions of heads of main departments of departments (departments) of the Ministry of Internal Affairs of Russia, deputy first (deputy) heads of departments, main departments (departments) of the Ministry of Internal Affairs of Russia, except for those specified in this subparagraph 44.3 of the paragraph, who are responsible for the legal implementation of work and have higher legal by the Minister, - the formation of the internal affairs of the Russian Federation on the deputy proposal of the Minister of Internal Affairs of the Russian Federation which, the Federation is entrusted with responsibility for the activities of the indicated agreed units with the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation.
44.3. Employees replacing the head of the position of a department, department of the Ministry of Internal Affairs of Russia, deputy first (deputy) head of a department, department of Russia of the Ministry of Internal Affairs, responsibility for whose activities is assigned to the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation - by the Minister of Internal Affairs of the Russian Federation of State Secretary - Deputy Minister of Internal Affairs of the Russian Federation.
44.4. Employees of subdivisions of the apparatus of the central Ministry of Internal Affairs of Russia, as well as subdivisions and institutions whose activities are carried out by subdivisions of the apparatus of the central Ministry of Internal Affairs of Russia, - Secretary of State - Minister of the Deputy Internal Affairs of the Russian Federation on the recommendation of the heads of the relevant subdivisions and institutions.
44.5. Employees of the bodies of the territorial Ministry of Internal Affairs of Russia at the district, interregional and regional levels, institutions and organizations of the Ministry of Internal Affairs system by the heads of the relevant territorial bodies of the Ministry of Internal Affairs of the district in Russia, interregional and regional levels, institutions and organizations of the Ministry of Internal Affairs of Russia.
44.6. Employees of departments (Ministry of Internal Affairs) of departments of Russia for regions, cities and other municipal entities, including several Municipal Office, formations of the Ministry of Internal Affairs of Russia at the Baikonur complex - by the ministers of the relevant internal affairs for the republics, heads of the main departments, departments of the Ministry of Internal Affairs of Russia for other Russian constituent entities of the Federation, on the proposal of the heads of legal ministries of internal affairs departments for the republics, main departments, departments of the Ministry of Internal Affairs of Russia for other subjects Federation of the Russian.
44.7. Employees of departments, departments of the Ministry of Internal Affairs of administrative-territorial formations closed in Russia, at especially sensitive and important facilities, linear departments of the Ministry of Internal Affairs of the railway in Russia, water and air transport - heads of departments, departments of the Ministry of Internal Affairs of Russia for closed administrative-territorial formations, at especially important and sensitive objects, departments of the linear Ministry of Internal Affairs of Russia on railway, water and air transport.
45. Monthly percentage bonus to seniority for the salary of service in structural divisions for the protection of state secrets<1>established and paid:
<1>Decree of the Government of the Russian Federation of September 18, 2006 N 573 "On the provision of guarantees social citizens admitted to state secrets on a permanent basis, and to employees of structural units for the protection of state secrets" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 4083, No. 39, Art. 2006; 2008, No. 23, Art. 2727; 2012, No. 12, Art. 1410 ).
45.1. Based on documented service record ( military work, services) in the indicated units, regardless of the body in which state power(organ of a local enterprise, self-government, organization, military unit) an employee passed military (service, worked).
45.2. In accordance with the list of approved positions<1>.
<1>Approved by the order of the Ministry of Internal Affairs of June 13 of Russia, 2007 N 519 "On approval of the Instruction on the monthly payment of percentage bonuses to the official salary (tariff rate) of employees, federal state civil workers and employees of the internal affairs bodies of the Russian Federation admitted to state secrets" (registered in Ministry of Justice of Russia on July 12, 2007, registration N 9825), as amended by orders of the Ministry of Internal Affairs of Russia dated November 21, 2007 N 1110 (registered in the Ministry of Justice of Russia on December 6, 2007, registration N 10632), dated December 14, 960 N 2009 (registered with the Ministry of Justice of Russia on February 12, 2010, registration N 16404) and dated August 14, 2012 N registered (787 in the Ministry of Justice of Russia on August 27, 2012 registration, year N 25284).
45.3. As a percentage of the official salary in the following amounts for the length of service:
1) from 1 to 5 years - 10;
2) from 5 to 10 years - 15;
3) from 10 years and above - 20.
45.4. On the basis of an order indicating from the head of the length of service in the structural divisions for state protection of secrets.
46. To employees who replace the positions of the encryption service employees, or who work with ciphers in the structural bodies of internal affairs units, who are involved either for this work by decision of the departments of managers on the basis of the lists of employees of the positions of the encryption service approved by them, as well as the managerial, educational and teaching-auxiliary the composition of training courses, advanced training and retraining of the qualifications of employees of encryption services, work for those employed with ciphers, is paid a monthly percentage of encryption work for a bonus:
46.1. As a percentage of the official salary in general, depending on the length of service in encryption work in the following networks:
in encrypted communication sizes: 1st class 2nd class
up to 3 years 15 5
from 3 to 6 years 20 10
from 6 years and above 30 20.
46.2. Taking into account the general ciphering work experience, which includes the time in ciphers from work in the cipher service of state bodies of the Russian Federation, state authorities of the Russian Federation subjects, institutions and organizations, regardless of their legal and organizational form.
46.3. Based on the order of the head with a general indication of the length of service in encryption work.
47. Employees are paid a one-time incentive in the following amounts (in salaries of the maintenance of money)<1>:
<1>Decree of the President of the Russian Federation of July 25, 2006 N 765 "On the one-time encouragement of persons performing federal public service" (Collected Legislation of the Russian Federation, 2006, N 31, Art. 3461; 2009, N 14, Art. 1630; 4643, N 37, item 2010; 2011, N 4, item 572; 2012, N 6, item 642). Decree - "Further by the President of the Russian Federation of July 25, 765 N 2006".
47.1. With the encouragement of the Government of the Russian Prix - 1.
47.2. Federation encouragement by the President of the Russian Federation - 2.
47.3. assignment With honorary titles of the Russian Federation and awarding distinctions of the Russian Federation - 3.
47.4. When awarding orders and medals of the Russian Federation (with the exception of Prize) - 5.
47.5. jubilee awarding with a sign of special distinction - Gold "Star medal" - 10.
VII. Monetary allowance of adjuncts, doctoral students, students, cadets
48. Employees enrolled in educational institutions vocational education of the system of the Ministry of Internal Affairs positions in Russia of students or cadets for full-time education, as well as full-time postgraduate doctoral studies or educational institutions of higher professional scientific and educational research organizations of the system of the Ministry of Internal Affairs positions in Russia of adjuncts and doctoral students, monetary allowance in accordance with paragraph 1 of this Procedure .
49. Official salaries are set in the following amounts:
49.1. For trainees and cadets, training at the rate accepted from among the ordinary and commanding persons - as part of the salaries for the positions they fill before training for admission<1>.
<1>Section II of Appendix N 1 to the Decree of the Government of the Russian Federation of November 3, 2011 N 878.
49.2. For cadets, training for those who were accepted from among citizens who did not serve, - in the official salary rate for the standard position "Cadet of the educational institution of the Ministry of Internal Affairs of the Russian Federation for the (Federation of employees of internal affairs bodies from among citizens who did not serve before entering training)", Government established by the Russian Federation<1>.
<1>Section II of Appendix No. 1 to the Government Decree of the Russian Federation of November 3, 2011 No. Cadets.
49.3. 878 educational institutions of higher professional system education of the Ministry of Internal Affairs of Russia from the date of awarding the title of a special middle commanding staff, as well as enlisted, employees in full-time postgraduate studies of educational institutions of professional higher education and research organizations of the Ministry of Internal Affairs of the Russian system to the positions of adjuncts directly after educational graduation from institutions of higher professional education of the Ministry of Internal Affairs of the Russian system, - as applicable to the size of the standard official salary of the position of a junior inspector in the center of the Russian subject of the Federation and a city with a population of over 100 thousand people, established by the Government of the Russian Section<1>.
<1>Federation II Appendix N 1 to the Decree of the Government of the Russian November of 3 Federation of 2011 N 878.
49.4. For doctoral students and adjuncts - in the official amount of the salary for the last position, occupied before studying for directions.
50. The official salaries of studying doctoral students and adjuncts should not exceed:
educational institutions of professional higher education of the system of the Ministry of Internal Affairs of Russia - salary official superior departments;
research systems of organizations of the Ministry of Internal Affairs of Russia - the official salary of the corresponding head of the department.
50.2. In full-time adjuncture:
educational institutions of higher vocational education of the system of the Ministry of Internal Affairs official - Russian salary of the teacher of the department;
research organizations of the research system of the Ministry of Internal Affairs of Russia - official senior salary of a researcher.
51. For employees recommended for postgraduate admission immediately after graduating from educational institutions of vocational higher education of the system of the Ministry of Internal Affairs of Russia, at these graduation from institutions, monetary allowance is retained in the amounts paid upon graduation from an educational institution of the Russian system of the Ministry of Internal Affairs.
52. The payment of monetary allowance is made by educational institutions of higher professional education, which gave admission to the recommendation in the postgraduate course.
53. Employees who have graduated from the educational systems of the institutions of the Ministry of Internal Affairs of Russia and are sent to serve in the relevant units, the payment of monetary allowance for the time of connection on vacation with the end of the educational institution is carried out by educational institutions.
VIII. Payment of monetary allowance for the initial training time, obtaining additional professional staff
54. education, temporarily decreasing without exemption from initial training, professional retraining, advanced training, for the time of training, as well as for the time in the place to the way of study and back, the money received, allowance for the main position, taking into account those established at the permanent place service coefficients and percentage surcharges, in full.
55. In the event of an increase in the salaries of the monetary payment of the content of the monetary allowance to employees, it is made from the salary of the new monetary content from the moment of its Cash.
IX. establishing compensation for the performance of official duties established in excess of normal duration business hours, night time, weekends and non-working hours holidays
56. him at the request of the Employee, set out in the report, according to official time records<1>and on the basis of the order of the head of the provision, instead of additional days of rest, monetary compensation may be paid for the performance of official duties established in excess of the normal length of service time, at night, on weekends and non-working holidays<2>.
<1>Ministry of Internal Affairs Order of Russia of October 19, 2012 N 961 "On the Procedure for Approving the Engagement of Employees of the Internal Affairs Bodies of the Russian Federation to the Performance of Official Duties in excess of the normal duration of service time, and at night at the same time, weekends and non-working holidays, days for employees of internal affairs bodies Federation of the Russian Additional Days of Rest" (Registered in the Russian Ministry of Justice on November 30, 2012, registration N Further).
<2>25988 in this section - " financial compensation".
57. The head of the order indicates the number of days for which monetary compensation is paid.
58. The number of days for which monetary compensation is paid in the current year must not exceed the duration of overtime for work established by labor legislation.<1>.
<1>Labor Code, article 99.
59. The amount of monetary compensation is determined by multiplying the number of which, for days, monetary compensation is paid, by the daily monetary allowance.
60. The daily monetary allowance is determined by dividing by the sum of the salary of the monetary allowance and additional monthly payments as part of the monetary allowance of the month in which the payment is made for the employee by 29.4 (the number of average monthly calendar days)<1>.
61. Based on the order of the head, issued on the basis of the results of the time of attracting employees to perform official duties at night, on weekends and non-working days holidays according to the shift schedule within the normal working hours for accounting period employees are compensated.
62. The compensation payment specified in this paragraph 61 of the Procedure is made for each hour of the conditions corresponding to work in the following amounts:
62.1. On non-working days, holidays - a single hourly rate.
62.2. At night percent - 20 hourly rate.
63. hourly rate by dividing the amount of the monthly salary for the employee in which the payment is made, by the average monthly working number of hours in a given calendar year.
X. allowance Monetary allowance for temporary performance of duties in the position of another, for combining duties, for part-time work
64. who, in accordance with the established procedure, the Employee is assigned temporary duties to perform in another position, the monetary allowance is paid based on the official salary for the temporarily substituted less than, but not the position of the official salary for the main position, taking into account additional payments established to him in the main cases<1>, in the position:
<1>Federal Law "On Social Guarantees", Article 22 Part 2.
64.1. Imposing duties on a higher-ranking employee simultaneously with the position by relieving him of the duties of the position being replaced or without it<1>.
<1>Federal Service "On the Law in the Internal Affairs Bodies", Part 1 of Attraction 31.
64.2. articles of an employee to perform duties for another without, positions of release from a substituted position<1>.
<1>Federal Service "On the law in the internal affairs bodies", part 8 of the Official 31.
65. article salary in the cases specified in paragraph 64 of this Procedure, is established by order of the head.
66. For the period of duties of combining in another position within one employee<1>departments, an additional payment is established<2>.
<2>Decree of the Government of the Russian Federation of June 25, 2012 N 621 "On approval of the combination of the Regulations on duties in the service in the internal affairs bodies of the Russian Federation (Collected Legislation of the Russian 2012, Federation, N 27, Art. 3732). Further in this section -" payment additional".
67. The amount of additional payment is determined by the head of the order, depending on the scope and content of the duties of the combined position assigned to a particular employee.
68. The total additional amount of payment for combining duties during a full calendar month cannot exceed a monthly salary in accordance with the combined position, including combining duties by two or more employees.
69. work for Part-time payment is made:
in the positions of employees - in the manner prescribed by the legislation of the Russian Federation;
in positions based on - employees from the salary established for the position, replaced on a part-time basis, as well as all other additional payments provided for this position, except for the percentage of service for service allowances (length of service), in proportion to the time worked.
70. Payment of salaries for special ranks for part-time work is not made.
71. Bonuses for part-time workers are made from the official salary and in the manner determined by the position, on the terms of the substituted part-time job.
XI. The procedure for remuneration for interns
72. Interns are paid official salaries in accordance with the staffing schedule and compensation and incentive payments are made, provided for the civilian personnel of military institutions, units and subdivisions of the system of the Ministry of Internal Affairs of Russia<1>.
<1>Ministry of Internal Affairs Order of Russia of August 27, 2008 N 751 "On the implementation by measures of the Decree of the Government of the Russian Federation of August 5, 2008 N 583" (registered with the Ministry of Justice of Russia on October 8, 2008, registration N 12427), taking into account the changes made by orders Ministry of Internal Affairs of Russia dated December 10, 1081 N 2008 (registered with the Ministry of Justice of Russia on January 27, 2009, registration N 13176), dated July 6, 2009 N registered (512 in the Ministry of Justice of Russia on August 20, 2009 registration, year N 14580), dated 1 October 2010 N 702 (registered in the Ministry of Justice of Russia on October 25, 2010, registration N 18807), dated March 15, 2012 N 175 (registered in the Russian Ministry of Justice on April 27, 2012, registration N January) and dated January 15 23966 2013 N 18 (registered with the Ministry of Justice of Russia on February 15, 2013, registration N 27101). Further - "Ministry of Internal Affairs order of Russia dated August 27, 2008 N 751".
73. labor Payment for the trainee is made at the expense and within the limits provided, funds for monetary allowance for the relevant position XII.
employee. Payment of monetary allowance for the time
74. leave allowance for the time of basic, additional, vacation leave, leave for personal reasons, leave at the end of the connection of an educational institution of higher professional education of the Ministry of Internal Affairs of Russia, as well as other types of leave in case of leave, if their payment is provided for by the legislation of the Russian Federation, is paid in the amount established on the day to be substituted for the position of departure on vacation<1>.
<1>Federal Law "On Bodies in the Internal Affairs Service", Part 1 of Article 56.
75. In case of a change in the amount of monetary allowance during the period of an employee being on vacation, he is made a corresponding return on recalculation from vacation.
76. Monetary allowance is paid for holidays:
76.1. time provided to employees admitted to introductory postgraduate examinations (postgraduate studies) of educational institutions of higher professional education with state accreditation, or institutions of additional professional education, scientific organizations (institutions) licensed to conduct educational activities in the field of postgraduate professional education<1>.
76.2. annual leave additional, provided to employees studying in adjuncture (correspondence) in postgraduate form of study, as well as for the time to travel to postgraduate (postgraduate) and back.
76.3. provided, Leave in due course to employees for the completion of the thesis for the competition degree candidate or doctor of sciences.
77. Monetary allowance for the time paid for additional vacations provided to employees who have state accreditation in educational institutions of secondary and higher professional education in part-time and part-time (correspondence) forms of education:
77.1. To pass the intermediate certification.
77.2. For the preparation and defense of the final work of the qualification and (or) the delivery of the final state Employees.
78. Examinations studying in the postgraduate (postgraduate) course in the form of distance learning are paid for one service provided from a free day per week<1>in the amount of 50 percent of the monetary daily allowance.
<1>Federal Law of August 22, 125 N 1996-FZ "On Higher and Postgraduate Professional Education", Collection 19 (Article of the Legislation of the Russian Federation, 1996, N 35, Art. 2000; 4135, N 33, Art. 3348; 2002, N 26, item 2517; 2003, N 14, item 2888; N 28, item 1254; 2004, N 35, item 3607; 2005, N 17, item 1481; 3122, N 1, item 10; N 29, item 2006; N 30, item 3289; N 43, item 4413; 2007, N 1, item 21; N 2, item 360; N 7, item 1932; N 17, item 838; N 29, item 3484; N 44, item 5280; N 49, item 6068, item 6069, item 6074, item 6070; 2008, N 17, item 1757; N 29, item 3419; N 30, item 3616; N 52, item 6241, item 6236; 2009, N 7, item 786, item 787; N 29, item 3621; N 31, item 5419; N 46, item 3923 ; N 51, item 6158; N 52, item 6405; N 52, item 6409; 2010, N 19, item 4167; N 31, item 2291; N 46, item 5918; 2011, N 1, No. 38; No. 6, No. 793; No. 25, No. 3537; No. 30, No. 5636; No. 41, Art. 4590; No. 45, Art. 6320; No. 47, Art. 6608; No. 48, Art. 6727; N 49, item 7062; N 49, item Further). 7063 - "Federal Law "On Higher and Postgraduate Professional Education".
79. In the amount of 50 percent of the monetary allowance, but not the minimum below the amount of wages established by the Russian Federation legislation<1>, payment is made for service time from exemption in connection with the establishment of a reduced service period for weeks of 10 academic months before the start of the graduation project (work) or passing exams for government employees studying in state educational institutions of higher and secondary vocational correspondence education and full-time correspondence (evening) forms Federal.
<1>Law of June 19, 2000 N 82-FZ "On the Minimum Wage", Article 1 (Collected Legislation of the Russian Federation, 2000, N 26, Art. 2003; 4737, N 40, item 3818; 2004, N 35, item 3607; 2005, N 1, item 24; 1930, N 17, item 2007; 2008, N 26, item 3010; 2009, No. 30, article 3739; 3246, No. 23, article 2011; 2012, No. 50, article 6955).
80. Employees during pregnancy on leave and childbirth, in addition to benefits for pregnancy and childbirth, receive other additional payments, the right to which arose during this leave.
81. Financial leave for compensation is paid:
81.1. In cases of dismissal from the bodies of affairs of internal employees who did not use vacation, in the manner, paragraphs in the specified 100 - 105 of this Procedure.
81.2. parts Instead of the main vacation, exceeding 30 calendar days<1>.
<1>days of the law "On service in the bodies of the internal part", cases 7 of article 56. Further in this section - "Compensation".
82. compensation is paid on the basis of the report of the employee and the head of the order, which indicates the number of days to be compensated.
83. The amount of compensation is determined by the specified multiplication of the number of days by the daily allowance of the monetary employee.
84. For an employee serving in the Far North, other areas equated to them or areas with adverse climatic or environmental conditions, including remote ones, as well as in harmful conditions, replacing part of the vacation with monetary compensation as a rule is not allowed, with the exception of the case of his dismissal from service in the internal affairs bodies<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Article 7 Part 56.
XIII. Payment of monetary allowance for the release of the employee's time from work official duties temporarily due to disability
85. In case of release of an employee from official duties due to temporary incapacity for work<1>he is paid monetary allowance for the entire period of temporary incapacity for work in the amount established by the day of release from official duties due to temporary incapacity for work.
86. An employee for a period of incapacity for work, after the end of parental leave until the age of three years, is paid the monetary allowance of the day following the day the end of this If.
87. vacation during the period of incapacity for work, the employee has an increase in the right to monetary allowance, then its payment in the newly established amounts is made from the day such a right arises.
XIV. Payment of monetary allowance for finding the time of the employee at the disposal
88. For an employee who is retained, a monetary allowance in the amount of the official last salary of the position to be occupied and a salary for a special one, as well as a monthly bonus to the salary of the seniority for the maintenance of the service (length of service)<1>.
<1>Federal social "On the law of guarantees", part 23 of article 2.
89. An employee who is at the disposal of the person who is and is performing duties on the last basis he replaces, in the position of the order of the head, is paid a full monetary allowance in the amount<1>.
<1>Federal law "On the social part", guarantees 23 articles 2.
90. An employee who is at the disposal and does not perform duties in the last occupied position, taking into account the volume of actual official duties performed by him, in addition to the payments indicated in paragraph 89 of this Procedure, by decision of the head, the following additional Federal<1>:
<1>payments Law "On Social Guarantees", part 23 monthly 2.
articles allowance to the official salary for qualifying monthly;
rank bonus to the official salary for special service conditions;
monthly bonus to the official salary for information from work constituting a state secret;
awards for conscientious performance of official duties;
incentive payments for special achievements in the service;
bonus to the official salary for tasks associated with increased danger to health and life in peacetime;
odds and percentages Cash.
91. allowances in the amounts specified in paragraphs 88 and 89 of this Procedure are paid during the period of being in more, but not at disposal<1>:
<1>Federal Law "On Social Guarantees", Article 23 Part 2. Federal Law "On Service in Internal Affairs Bodies", Parts 10 and 11 of Article 36.
91.1. One year - in case of non-fulfillment of the case for more than four months in total for a total of twelve months of service duties due to temporary disability.
91.2. Three months - in cases:
1) suspension of the termination of the employee's service in the internal employment agencies;
2) cases of an employee at the end of a business trip for more than one year, including for reinstatement;
3) the border in the position of an employee who previously held this position;
4) the expiration of the period of secondment of an employee to a federal state authority, another state body or an organization, leaving two in the staff of the Ministry of Internal Affairs.
91.3. Russia months - in cases:
1) the abolition (liquidation) of the body of the territorial federal executive body in the internal sphere of affairs or subdivision or the reduction of a position replaced by an employee in the bodies of internal conduct;
2) cases of the procedure for dismissal of an employee from service in the internal affairs bodies;
3) referral of an employee for a medical examination (examination), if the employee was released from official duties due to temporary disability for a total of more than four months within twelve months.
91.4. One month - in case of dismissal from the position occupied in the internal affairs bodies in connection with another position on transfer in the internal affairs bodies.
92. Payment of allowances in the cases and amounts specified in this 88, 89 paragraphs of the Procedure is extended for periods of temporary stay and disability on vacation<1>.
<1>Federal law "On the social part", guarantees 23 of article 2. Federal law "On service in the internal affairs bodies", part 17 of article 36.
93. The basis for the payment for employees of monetary allowance in the cases and indicated, the amounts in paragraphs 88 - 92 of this Procedure, is the order of the head.
XV. Payment of monetary allowance for the period of temporary removal from office, detention, reinstatement in service
94. In case of temporary dismissal of a position from an employee, he is paid a monetary allowance in the official amount of the salary and salary for a special rank, and allowances are also paid to the salary for the length of service (years of service)<1>.
<1>Federal law "On the social part", guarantees 25 article 2.
95. In the event that an employee is suspected (accused) of committing a crime and a preventive measure in the form of imprisonment under the grounds is chosen against him, the payment of his monetary allowance is suspended for guardianship of the order of the head<1>.
<1>Federal law "On the social part", guarantees 26 article 2.
96. When a verdict of acquittal is passed to an employee or when a criminal case is terminated on rehabilitating grounds, he is paid a monetary allowance in full for the entire period of detention under the Federal<1>.
<1>guardian of the law "On Social Guarantees", part 26 to Employee 2.
97. of the article, the reinstated in the service in the internal affairs bodies is paid, the cases of the allowance not received (short received) by him during the forced absenteeism, established for the bodies he previously replaced in the position of internal affairs, and (or) compensated between the difference in the monetary allowance received by him for the last bodies in the position of internal affairs, and actual earnings, the period in the received forced break in service<1>.
<1>Federal service "On the law in the internal affairs bodies", part 6 XVI 74.
articles. Payment of monetary allowance in the absence of an unknown employee, capture, as an internee, hostage in neutral countries
98. For employees captured or captured as hostages, interned in neutral as well, and in countries for missing employees (until they are recognized in accordance with the law as missing or dead announcements), monetary allowance is retained in full Federal<1>.
<1>size of the law "On Social Guarantees", part 21 cases 2.
99. In the articles specified in paragraph 98 of this Procedure, the monetary allowance of employees is paid to spouses or members of their other families<1>.
<1>Decree of the Government of the Russian Federation of December 27, 2011 N 1165 "On the procedure for paying allowances to monetary employees of the internal affairs bodies of the Russian Federation, captured or interned, hostages in neutral countries, as well as unknown spouses, absent or other members of their families" (legislation Collection of the Russian Federation, 2012, N 1, art. 190).
Pay. XVII monetary allowance upon dismissal from the internal affairs bodies and in the event of the death of an employee
Employees. 100, dismissed from the internal affairs bodies, monetary payment of allowance is made:
100.1. Substituting for the dismissal of the day of the position - up to the day of dismissal inclusive.
Consisted.2. 100 by the day of dismissal at disposal - one day more, but not the dismissal of the terms specified in paragraphs 91, 92 of this 101.
Order. Upon dismissal from service in the bodies of affairs, internal employees, at their request, are paid the cash used for non-compensation in the year of dismissal of the main vacation:
Fully.1. 101, in case of dismissal<1>:
<1>Federal Law "On Social Guarantees", Part 11 of Article 3.
1) by length of service giving the right to receive a pension;
2) upon reaching by the employee of the age of maximum stay in the service in the internal state bodies;
3) for health affairs;
4) in connection with the reduction of the position in the internal affairs bodies, replaced by the employee;
5) in connection with the expiration of the employee's stay at the disposal of the federal executive body and authorities in the field of internal affairs, its territorial body or subdivision;
6) in connection with the terms of the breach of the contract by the authorized manager;
7) in connection with communication;
8) in illness with the impossibility of transfer or refusal to transfer from an employee to another position in the bodies internal communications;
9) in cases with the refusal of an employee to be transferred to another body to the position of internal affairs in order to eliminate related, circumstances with direct subordination or control of those employees who are in close relationship or in accordance with the legislation of the Russian Federation.
101.2. period In proportion to the service in the year of dismissal, in case of other grounds for dismissal.
102. The amount of money unused for vacation compensation for dismissed employees is determined by multiplying by the number of days of unused vacation by the daily amount of monetary allowance on the day of dismissal.
Monetary. 103 compensation is paid on the basis of an order which, in the head, indicates the total number of unused vacation days.
104. In the event of the death of an employee, his heirs, in accordance with the procedure established by the legislation of the Russian Federation, are paid to the Federation monetary allowance for the month in which the death occurred, if its payment was not made to the employee himself, monetary compensation for all unused vacations, and other rights are also produced, payments for which the employee has incurred by day XVIII.
of death. Money certificates
105. When employees are relocated or dismissed, the financial unit (obliged) to provide them with all the required types of monetary allowance and make entries on the amounts paid in the cash certificate.
106. The money certificate is filled in:
all.1. In 106 cases of moving from one unit to that, to another, when sent to the educational systems of the institutions of the Ministry of Internal Affairs of Russia for training with the position held from the release.
106.2. In cases of further transition to serve in another federal executive body.
106.3. When seconded to federal state authorities, other state or organizations to organizations, remaining in the staff of the Ministry of Internal Affairs 106.
Russia.4. Upon dismissal from service in the internal affairs bodies with the right to a pension.
107. A cash certificate is issued to an employee against receipt in a personal allowance cash card and is registered in the appropriate journal with the last name, first name, patronymic and special rank of the date, the issuing employee and the number of the cash certificate.
If. 108 upon departure of an employee, for some reason, a cash certificate was not issued, then the financial unit (accounting) sends it to the new service, the place of the departed employee.
109. An employee who is new to the arrived place of service and has not presented a monetary certificate of allowance at the new place of service, starting, is paid from the first day of the next month on the basis of a report in which the arrival indicates the reason for the monetary failure to submit the certificate, the amount of money received by him at the former allowance place service, the date by which he was satisfied with the allowance, the amount due from deductions from him.
110. At the same time, the head of the financial chief (division accountant) requests a duplicate of the monetary allowance of these employees, still according to the certificate of the place of service of these employees, and in the event of a discrepancy between the data of the report and the duplicate, the necessary issued monetary allowance is recalculated.
111. Dismissed, Employees from the internal affairs bodies with a monetary appointment, a pension certificate is not issued in hand, but is sent in the manner prescribed together with other documents for a pension appointment.
112. Upon dismissal of employees from a pension by appointment, a cash certificate can be sent (issued) to a representative personnel service the unit in which the employee served, for registration 113.
pensions. When filling out a cash certificate, the following information must be filled in:
113.1. positions according to Salary, salary according to a special rank, percentage of length of service for the allowance of years.
113.2. Benefits and compensation paid to the employee during the relevant calendar year.
Retention.3. 113 alimony.
113.4. In the monetary certificates of employees serving in the regions of the Far North, they are equated to areas and other areas with adverse or climatic environmental conditions, including remote, with a decoding, the coefficients they receive and percentage allowances.
114. Cash certificates must be completed without blots, erasures and corrections, clearly and clearly, in ink, a ballpoint pen or on a typewriter (printer), signed by the head of the unit and the financial head of the unit (chief accountant) and certified with a stamp seal.
115. The employee confirms his correctness with the consent of the records on the calculations made by signing in the cash certificate.
XIX. Payment of salary according to a special course in the rank of one year after dismissal with no service entitlement to a pension
116. Citizens who have served in the internal affairs bodies without a pension for rights, who served in the internal affairs bodies and have a total duration of service in the internal affairs bodies of less than 20 years, are monthly paid a salary for a special rank within one year after dismissal in the manner determined by the Government of the Russian Federation, in the Federation of dismissal<1>:
<1>Federal law "On the social part", guarantees 10 article 3.
1) upon reaching by the employee of the maximum stay of age in the service in the internal affairs bodies;
2) for health reasons;
3) in connection with the reduction of the position in the internal affairs bodies, replaced by an employee;
4) in connection with the expiration of the term of the employee at the disposal of the federal executive authority in the field of internal affairs, its territorial body or subdivision;
5) in connection with the violation of the terms of the contract by the authorized manager;
6) due to illness;
7) the impossibility, due to the transfer, or the refusal of the employee to transfer another position in the internal affairs bodies;
8) refusing to transfer an employee to another position in the internal affairs bodies in order to eliminate circumstances directly related to the subordination or control of employees, relations in close relationship or property, in accordance with the legislation of the Russian Federation.
117. Payment is made based on the amount of salary for a special rank received by an employee on the day of dismissal from service, including in case of untimely application for her appointment.
118. The one-year period for payment is calculated from the day, the day after the next dismissal of the employee from the service.
119. In the event of an increase in the case (indexation) of salaries for special ranks during the annual period of payment, its 120 increases accordingly.
size. Payment for the past time is made if the employee applied before the expiration of 3 years from the date of the right to receive it.
121. Payment for the past time is made on the basis of the special rank available to the employee on dismissal on the day of dismissal and in the amounts applied within one year from the date of dismissal.
122. receipt For payment, the dismissed (dismissed) employee submits a report (application) to the manager, which indicates the receipt of the method of payment (through the cash desk at the place where the employee was on payroll before the dismissal; transfer to a personal bank account; transfer by post with payment postage at the expense of the recipient in a different way) and undertakes to inform in writing about the occurrence of the head of the cases specified in paragraphs 127 and this 128 of the Procedure.
123. Payment is made before last dismissal place of service of the employee on the basis of an order based on the head, which indicates the special surname, rank, name, patronymic of the employee, the basis of service from dismissal, the total duration of service (including military service), the date of dismissal and the end date of the annual payment period.
124. In the event of liquidation where, the unit, the employee previously received a payment, in the future the payment is made by the unit, determined by the decision of the superior head of the unit on the basis of the documents for this payment transferred in the established order by the liquidated unit.
Pay. 125 is produced monthly for the current month once in the period from the 20th to the 25th.
126. In the case of a conscription officer for military training, the payment is suspended for the passage of the term for military training. In this case, the passage of the period of military training is counted in the total payment period.
127. Employees who, during the period of payment of the receipt, re-enter the military service, and also serve in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary customs, system bodies, the Investigative Committee of the Russian Federation or the Federation, the bodies of the prosecutor's office of the Russian Federation in employees as having special ranks, payment of the day from the termination of entry into military service (service)<1>.
128. The receiving employee is obliged to inform in writing the divisions of the head making the payment about the service on admission or conscription for military training. On the basis of the information specified, an order is issued by the head of the early suspension (termination) of the payment, which indicates the special surname, rank, first name, patronymic of the employee, the basis and dismissal, the date from the service, the basis and date (period) of the termination of the early (suspension) payment.
129. Reimbursement of the amounts received in excess by the employee due to his failure to provide information about the occurrence of the cases specified in paragraphs 127 and this 128 of the Procedure is carried out in the manner established by the Russian legislation of the Federation.
130. Accounting (appointment, termination, suspension) of payment is kept in the personal allowance card of the monetary officer.
XX. Lump-sum payments to graduates of educational institutions of higher professional education from among orphans and children left without care 131
parents. Graduates of educational institutions of higher professional education from among orphans and children without parental care are paid a one-time cash allowance in the amount established by the legislation of the Russian Federal<1>.
<1>Federation Law of December 21, 1996 N 159-FZ "On guarantees of additional social support for orphans and children left without parental care" (Meeting Russian legislation Federation, 1996, N 52, art. 5880; 1998, N 7, Art. 2000; 788, no. 33, art. 3348; 2002, N 15, Art. 1375; 2003, N 2, Art. 2004; 160, no. 35, art. 3607; 2009, N 51, Art. 6152; 2011, N 47, art. 6727; No. 48, art. 6608; 2012, N 10, art. 1163), part 8 of article 6. Federal - "Further by the law of December 21, 1996 N 159-FZ". present in the Further section - "graduates".
132. Graduates, according to their stated desire in the report, are paid monetary compensation in the necessary amounts for the purchase of clothing, footwear, soft furnishings and equipment, in accordance with the standards approved by the Government of the Federation of the Russian Federation<1>.
<1>Federal Law of December 21, 1996 N Decree-FZ. 159 of the Government of the Russian Federation dated November 7, 659 N 2005 "On approval of the norms for the material support of orphans and children left without care of persons, parents from among orphans and children without parental care left, studying and being raised in state federal educational institutions institutions, minors, students and federal in educating state educational institutions - special vocational schools of open and closed type and the federal state institution "Sergiev Posad Orphanage of the Federal Deaf-Blind Agency for Health and Social Development" (legislation Assembly of the Russian Federation, 2005, N 46, article 4675).
Hourly. XXI salary
133. Hourly payment is applied when paying employees involved (employed):
1) teaching work in the amount of not more than 240 hours per year;
2) performance of duties medical institutions in health care consultants in the amount of not more than 12 hours in the scientific;
3) a month of advising doctoral students and applicants for scientists by management, adjunct degrees in educational institutions of higher education, professional and research institutions of the Russian Ministry of Internal Affairs (except for employees from among the teaching staff who are on the staff of these institutions) from 50 hours of calculation per year for each adjunct or hours and 25 doctoral students per year for each academic applicant;
4) in the degree of official opponents during the defense, competition for the dissertations of the scientific degree of Doctor of Science, Candidate or Sciences;
5) as members of the jury of reviews and competitions, as well as reviewers of competitive works.
For. 134 hourly wage rates for employees are applied to hourly wages established for the categories of civilian personnel of military institutions, units and subdivisions of the system of the Ministry of Internal Affairs of Russia<1>.
XXII. The procedure for providing material 135
help. Employees are provided with material assistance in the amount of less than one monthly salary in the Federal<1>.
<1>year law "On Social Guarantees", part 2 136 3.
articles. By decision of the head, material assistance in one amount of the salary of the monetary content established on the day of payment is provided annually when the employee goes on the main vacation or on other reports according to the terms of the employee.
137. Within the limits of the funds allocated for the allowance, by the decision of the head of the employee, on the basis of his reasoned report, additional financial assistance may be provided.
138. The decision to provide material assistance (additional material assistance) to the heads of departments, as well as their additional financial assistance, is made by the deputies of the higher head.
139. In the event of an employee's death, financial assistance not received by him in a year is paid, death to heirs in accordance with the legislation Russian order Federation.
XXIII. The procedure for paying lifting daily allowances and benefits when employees move to a new service place in another locality
140. when employees move to a new duty station in another locality (including to and from a foreign territory of the state) in connection with their appointment to another or, position in connection with enrollment in an educational institution of professional higher education of the Ministry of Internal Affairs of the Russian Federation, the period of study in which is one more than a year, or in connection with the relocation of a unit (body), employees and members of their families undergo 140:
payments.1. Lifting allowance - in the amount of one monetary salary of maintenance for an employee and one fourth of the salary of a part of the monetary maintenance for each member of his family who moved to a locality at a new service place of an employee, or to a locality nearby from a new service place, or to another locality in due to the lack of housing at the place of the new employee's service.
140.2. Per diem allowance - for each employee and a member of his family who moves to a new duty station by transfer from a communications officer, in the amount determined by the Government of the Russian Federation for employees seconded for each day they are on the road<1>.
<1>Federal Law "On Social Guarantees", Part 3 of Article 3.
At. 141 calculation of the lifting allowance:
141.1. For an employee, the amount of the fixed salary is applied, his maintenance at a new place of service (deployment, study).
141.2. For family members, the employee’s salary is applied per day per employee of their registration at the place of residence or stay at the place in the locality at the new place of study (service, deployment) of the employee, or in a locality nearby the place of the new service (study, deployment) of the employee, or in another locality in the absence of a residential connection at the new place of study (service, deployment) of the employee<1>.
142. Per diems Calculation is carried out taking into account the time spent on the way by the employee and members of his family.
143. Elevation Payment of allowances and daily allowances is made by the unit at the place of the new service (study, deployment).
144. Departing, the Employee to a new place of service (study, may), dislocation to receive an advance on the daily allowance due to him and his family members (when following joint), with the subsequent submission of an advance report at the place of the new service (study, dislocation).
145. In the event that both spouses are entitled to a lifting allowance and daily allowance, the lifting allowance and members of the daily allowance of families are paid at their choice to one of the 146.
spouses. To calculate the lifting allowance, the amount of the salary of the payee of the lifting allowance is applied.
147. The payment of the lifting allowance and per diem allowance to an employee is made on the basis of a copy of the act (order of a copy or extract from the order) on the appointment on copies, the position of the order (extract from the order) on enrollment in an educational institution of the Ministry of Internal Affairs of Russia, a copy of the order (order from the extract) on redeployment divisions.
148. The payment of the lifting and per diem allowance (advance against daily allowance) to the families of members is made when the employee provides:
References.1. 148 from the place of service of one of the spouses about the non-receipt of allowances and daily allowances for family members.
Documents.2. 148, confirming the registration of family members to a new one at the employee's place of residence or place 148.
stay.3. Certificates of the educational institution on education indicating from the children the date of commencement of education (for children aged 18 to 23 years old, studying in educational institutions in the form of full-time education).
149. Payment to the employee of the lifting allowance and daily allowance is made within a month from the moment of his application.
Appendix No. 2
to the order of the Ministry of Internal Affairs 2013
dated January 31, Russia N 65
SCROLL
NORMATIVE LEGAL ACTS OF THE RUSSIA OF THE MIA AND INDIVIDUAL
INSTRUCTIONS OF REGULATORY LEGAL ACTS OF THE MIA OF THE INTERNATIONAL RUSSIA,
RECOGNIZED AS VOID
1. Ministry of Internal Affairs Order of Russia dated December 14, 2009 N 960 "On the Regulations on the approval of the monetary allowance of employees of the internal affairs bodies of the Russian Federation"<1>.
<1>Registered with the Ministry of Justice on February 12, 2010, registration N 16404.
2. Ministry of Internal Affairs Order of Russia dated January 12, 2011 N 8 "On the introduction of an order to amend the Ministry of Internal Affairs of Russia dated December 14, 2009 N Registered"<1>.
3. Order of the Ministry of Internal Affairs of Russia dated November 29, 2011 N 1176 "On Amendments to the Regulations on Allowance for Monetary Employees of the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated December 14, 2009 N 960"<1>.
4. Clause 1 of the Ministry of Internal Affairs of the order of Russia dated December 19, 2011 N 1257 "On the procedure for approving the payment of bonuses for conscientious performance of duties by employees of the internal affairs bodies of the Russian Federation"<1>.
5. Paragraph 2 of the order of the Russian Ministry of Internal Affairs dated December 19, 2011 N 1258 "On approval of the establishment of the Procedure for incentive payments for special achievements in employees of the internal affairs service of the Russian Registered"<1>.
6. Subparagraph 2.3 of the order of the Ministry of Internal Affairs of December 19 of Russia, 2011 N 1259 "On approval of the List of employees of the positions of the internal affairs bodies of the Russian Federation, the replacement of which is paid monthly special service conditions for the bonus, and the size of the bonus for these positions"<1>.
7. Order of the Ministry of Internal Affairs of December 19 of Russia, 2011 N 1260 "On the procedure for providing material assistance to employees of the internal affairs bodies of the Russian Federation"<1>.
8. Order of the Ministry of Internal Affairs of January 16 of Russia, 2012 N 27 "On approval of the Procedure for replacing the main part of the vacation with monetary compensation to employees of the internal affairs bodies of the Russian Federation"<1>.
9. 23293 3.2 and 3.3 of the order of the Ministry of Internal Affairs of Russia dated February 20, 106 N 2012 "On the size of the allowance for the official salary of the bodies of internal affairs employees of the Russian Federation for tasks related to increased danger to health and life in peacetime, and approval of the List of positions individual employees of the internal affairs bodies of the Federation of the Russian Federation, upon substitution of which a salary bonus is established for the official for the performance of tasks related to the danger of increased danger to life and health in peacetime Registered "<1>.
10. Clause 15 of the List of normative acts of the legal acts of the Ministry of Internal Affairs of Russia and individual prescriptions of legal normative acts of the Ministry of Internal Affairs of Russia, recognized as invalid, approved by order of the Ministry of Internal Affairs of Russia dated March 15, 2012 N 175<1>.
11. Order of the Russian Ministry of Internal Affairs dated June 27, 2012 N 638 "On approval of the payment of the Procedure for monetary compensation for the performance of official duties beyond the established normal duration of service night, in time, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Registered"<1>.
12. Order of the Ministry of Internal Affairs of Russia dated July 5, 2012 N 677 "On approval of the procedure for paying lifting and per diem allowances when employees of the internal affairs bodies of the Russian Federation move to a new service place in another locality"<1>.
13. 24998 of the Ministry of Internal Affairs of Russia dated July 11, 2012 N introducing "On 684 changes to the Procedure for the payment of bonuses for the performance of conscientious official duties to employees of internal affairs bodies, approved by order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1257"<1>.
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ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
On amendments to the Order of the Ministry of Internal Affairs of the Russian Federation dated January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Amend the order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation" in accordance with the attached List.
Minister - General of Police of the Russian Federation
List of amendments to the Order of the Ministry of Internal Affairs of the Russian Federation dated January 31, 2013 No. 65 "On Approval of the Procedure for Providing Monetary Allowance to Employees of Internal Affairs Bodies of the Russian Federation"
1.1. Footnote 1 to the preamble of the order shall be supplemented with the words “; 2013, no. 27, art. 3477; No. 48, Art. 6165; 2014, No. 22, Art. 2770; No. 23, art. 2929; No. 45, Art. 6152; 2015, No. 48, Art. 6681".
1.2. Paragraphs 2 and 3 shall be stated as follows:
"2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and units created to perform tasks and exercising the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
3. Control over the implementation of this order shall be entrusted to the Deputy Ministers responsible for the activities of the relevant departments.”.
2.1. Footnote 2 to paragraph 1 after the words “Art. 7608" supplement with the words "; 2013, no. 27, art. 3477; No. 48, Art. 6165; 2014, No. 22, Art. 2770; No. 23, Art. 2929; No. 45, Art. 6152; 2015, No. 48, Art. 6681".
2.2. Paragraph 2 shall be stated in the following wording:
base.spinform.ru
On changes to the order of the Ministry of Internal Affairs of Russia No. 65 - 2013
Changes have been made to the Procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65.
The list of cases where the payment of monetary allowance for the current month is made earlier than the period from the 20th to the 25th day has been supplemented - this is a payment to a dismissed employee on the last day of service.
It has been established that a one-time incentive in the amount of 5 monthly salaries will be paid to employees who are awarded not only orders of the Russian Federation and medals of the Russian Federation, but also the distinction - the St. George Cross.
The procedure for providing material assistance to employees is regulated in more detail.
So, changes made the following is defined.
By the decision of the head, material assistance in the amount of one salary of the monetary content established on the day the payment is made is provided annually when the employee leaves for the main vacation or at other times according to the report of the employee. If during the calendar year the employee did not file a report on the payment of material assistance to him for this year, then material assistance in the amount of one monthly salary, established on the day of the payment, is provided to him on the basis of the order of the head in December of the current year.
Within the limits of the funds allocated for monetary allowance, an employee, on the basis of his reasoned report and the order of the head, may be provided with additional material assistance in the event of:
death (death) of a spouse (spouse), father (mother) of a spouse (spouse), close relatives (relatives in direct ascending and descending lines (parents and children, grandfathers, grandmothers and grandchildren), full-blooded and half-blooded (having a common father or mother) brothers and sisters;
needs of his and (or) his wife (spouse), father (mother) wife (spouse), as well as other above-mentioned persons related to close relatives, in a specialized, including high-tech, medical care on the basis of medical certificates, conclusions or other documents confirming the impossibility of providing the necessary types of medical care free of charge in the state or municipal system health care, as well as compensation for treatment in established cases upon presentation of documents confirming the expenses (copies of the agreement on the provision of relevant medical services, cash receipts, receipts);
loss or damage to property as a result of a natural disaster, fire, theft, accidents in water supply, heating systems and other unforeseen circumstances upon presentation of certificates from the relevant authorities local government, internal affairs, fire service and others authorized bodies copies of which are attached to the report;
birth of a child (adoption) by an employee upon presentation of a birth certificate, a copy of which is attached to the report;
if there are other valid reasons (in cases of special need), confirmed by documents.
kushva-online.ru
Publications
On the procedure for providing monetary allowance
The questions of the readers of the "Police of Russia" are answered by the chief expert-specialist of the direction on interaction with federal government bodies Directorate for rationing wages and social guarantees of the Department for financial and economic policy and ensuring social guarantees of the Ministry of Internal Affairs of Russia Colonel internal service Elena CHURAKOVA.
Is an employee of the internal affairs bodies entitled to material assistance during the period of leave granted to him to care for a child until he reaches the age of three years?
E. Gromova, Smolensk region
In accordance with Part 2 of Article 3 of the Federal Law of July 19, 2011 No. 247-FZ “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law “On Social Guarantees”) employees financial assistance is provided annually in the amount of at least one monthly salary per year in the manner determined by the order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On Approval of the Procedure for Providing Monetary Allowance to Employees of the Internal Affairs Bodies of the Russian Federation” (hereinafter referred to as the Procedure).
The legislation does not establish restrictions regarding the payment of material assistance to employees during their parental leave until the child reaches the age of three years.
By the decision of the head, material assistance in the amount of one salary of the monetary content established on the day the payment is made is provided annually when the employee leaves for the main vacation or at other times according to the report of the employee.
Thus, the basis for the payment of financial assistance to an employee during his parental leave until he reaches the age of three years is the report of the employee and the decision of the head to provide financial assistance for the corresponding year.
If during the calendar year the employee did not apply with a report on the payment of financial assistance to him for the current year, then material assistance in the amount of one salary of the monetary content established on the day of the payment is provided to him on the basis of the order of the head in December of the current year.
My husband is a police officer. Every year, on the Day of the employee of the internal affairs bodies, he was paid a bonus. Last year they didn't pay. Is it legal?
T. Lipnitskaya, Kemerovo
The procedure for awarding employees of internal affairs bodies is regulated by Section IV of the Order.
Employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries. The bonus is paid monthly at the rate of twenty-five percent of the monthly salary. Within the limits of the funds provided for the payment of monetary allowance, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses.
The payment of bonuses to police officers on anniversaries and holidays, including professional holidays, is not established by law.
Thus, one-time bonuses are not mandatory, but are a special measure of material incentives for employees for the successful completion of particularly complex and important tasks and are paid at the expense of the resulting vacancies savings of funds intended for the payment of monetary allowances.
I am a district commissioner and additionally perform duties in another position. How should I pay for all this?
P. Zharkov, Vyborg, Leningrad Region
In accordance with Article 31 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, an employee of the internal affairs bodies, with his consent, may be temporarily assigned duties for a higher or equivalent position in the internal affairs bodies with simultaneous release of him from the duties of the replaced position or without it.
The assignment to an employee of the internal affairs bodies of temporary performance of duties in accordance with this article and his release in connection with this from the performance of duties in a substituted position of an ordinary staff, junior, middle or senior commanding staff are carried out by order of an authorized head, except for the case when the performance of duties of a direct the head (chief) during his absence is provided for by the official regulations ( job description) employee.
Monetary allowance to an employee of the internal affairs bodies, temporarily acting on a position in the internal affairs bodies in accordance with this article, is paid in the manner prescribed by part 22 of article 2 of the Law "On Social Guarantees"
In addition, in connection with official necessity, by decision of the authorized head, an employee of the internal affairs bodies may, without dismissal from the occupied position in the internal affairs bodies and his consent, be involved in the performance of duties in another position not provided for by the job regulations (job description), for a period of up to one months during a calendar year with the payment of an official salary not lower than for the position being occupied.
On the basis of clause 64 of the Procedure, an employee who is duly entrusted with the temporary performance of duties in another position is paid monetary allowance based on the official salary for the temporarily occupied position, but not less than the official salary for the main position, taking into account additional payments established for him in the main position. positions in the following cases:
- imposing duties on a higher position on an employee with his simultaneous release from performing duties on a substituted position or without it;
- attraction of an employee to the performance of duties in a different position, without dismissal from the position being replaced.
The official salary in these cases is established by the order of the head.
For the period of combining duties in another position within the same division, employees are given an additional payment.
In accordance with paragraph 67 of the Procedure, the amount of the additional payment is determined by the order of the head, depending on the volume and content of duties for a combined position assigned to a particular employee. The total amount of additional payment for combining duties during a full calendar month cannot exceed the monthly salary in accordance with the combined position, including when two or more employees combine duties.
Order of the Ministry of Internal Affairs of Russia dated January 9, 2018 N 2 "On Amendments to the Procedure for Providing Monetary Allowance to Employees of the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65" (Registered in the Ministry of Justice of Russia on February 1, 2018 N 49864)
MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
ABOUT CHANGES
IN THE PROCEDURE OF PROVIDING MONEY ALLOWANCE TO EMPLOYEES
OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, APPROVED
ORDER OF THE MINISTRY OF INTERNAL RUSSIA OF JANUARY 31, 2013 N 65
Amend the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 in accordance with the attached List.
Registered with the Ministry of Justice of Russia on May 6, 2013, registration N 28315, as amended by orders of the Ministry of Internal Affairs of Russia dated December 28, 2015 N 1237 (registered with the Ministry of Justice of Russia on February 2, 2016, registration N 40935), dated August 29, 2016 N 500 (registered with the Ministry of Justice of Russia on September 22, 2016, registration N 43771), dated May 18, 2017 N 287 (registered with the Ministry of Justice of Russia on June 16, 2017, registration N 47053), dated July 25, 2017 N 522 (registered in Ministry of Justice of Russia on August 15, 2017, registration N 47776).
Minister
police general
Russian Federation
V. KOLOKOLTSEV
Application
to the order of the Ministry of Internal Affairs of Russia
dated 09.01.2018 N 2
SCROLL
CHANGES INTRODUCED TO THE PROCEDURE FOR SECURING CASH
SATISFACTION OF THE EMPLOYEES OF THE INTERNAL AFFAIRS
OF THE RUSSIAN FEDERATION, APPROVED BY ORDER OF THE MIA
OF RUSSIA OF JANUARY 31, 2013 N 65
1. Footnote 5 to paragraph 18 after the words “art. 7532" supplement with the words "; 2017, N 6, art. 955, no. 41, art. 5987".
2. Paragraph 20 shall be stated as follows:
"20. The allowance for special conditions is paid in accordance with the list of positions and in the amounts determined by the order of the Ministry of Internal Affairs of Russia.
3. Paragraph 20 shall be supplemented with footnote 6 as follows:
» Order of the Ministry of Internal Affairs of Russia of July 25, 2017 N 522 "On approval of the List of positions of employees of the internal affairs bodies of the Russian Federation, upon substitution of which a monthly allowance is paid for special conditions of service, and the amount of the allowance for these positions" (registered with the Ministry of Justice of Russia on August 15, 2017 year, registration N 47776), as amended by the order of the Ministry of Internal Affairs of Russia dated November 16, 2017 N 863 (registered with the Ministry of Justice of Russia on November 27, 2017, registration N 49023).
4. In footnote 7 to paragraph 24, the words “(registered with the Ministry of Justice of Russia on December 29, 2015, N 40332).” replace with the words “(registered with the Ministry of Justice of Russia on December 29, 2015, registration N 40332), dated February 15, 2016 N 71 (registered with the Ministry of Justice of Russia on March 9, 2016, registration N 41334), dated September 19, 2016 N 543 ( registered with the Ministry of Justice of Russia on October 12, 2016, registration N 44016). Further - "Order of the Ministry of Internal Affairs of Russia N 106".
5. Add paragraph 24.1 with the following content:
“24.1. The risk premium for working with persons providing assistance on a confidential basis, established in accordance with the order of the Ministry of Internal Affairs of Russia N 106, is paid if they are actually available.
Decision in case 2-2571/2016
In the name of the Russian Federation
Circassian City Court of the Karachay-Cherkess Republic, consisting of
presiding judge - Ezaova M.B.,
under the secretary - Snegireva E.E.,
with the participation of the plaintiff's representative Harina H.M. – Uzdenova Yu.I., acting on the basis of a power of attorney,
the representative of the respondent of the Ministry of Internal Affairs for the KChR - Lakazova G.V., acting on the basis of a power of attorney,
having considered in an open court session at the court premises a civil case based on a statement of claim by Harina FULL NAME1 to the Ministry of Internal Affairs for the KChR, on the recognition of an illegal action (inaction) as illegal, the recognition of orders as illegal, the recovery of earnings, the obligation to count the period in continuous experience, the obligation to contribute to work book fixes,
Kharina N.M. appealed to the Cherkessk City Court with this claim.
In justification, she indicated that on December 18, 2015. she handed over to the Ministry of Internal Affairs for the KChR a writ of execution issued by the Circassian City Court on 12/18/2015. No. 010560138, according to which the Ministry of Internal Affairs for the KChR was obliged to execute the decision of the Circassian City Court dated 12/17/2015. on her reinstatement in the service of the Ministry of Internal Affairs in the Karachay-Cherkess Republic as the head of the Center for Financial Support of the Ministry of Internal Affairs in the Karachay-Cherkess Republic, which was ordered by the court for immediate execution. December 28, 2015 Head of the Legal Department of the Ministry of Internal Affairs for the KChR Tinaeva S.S. reported by phone that the writ of execution was returned without execution, since there were no orders to voluntarily execute it from the leadership of the Ministry of Internal Affairs for the KChR. In a letter dated January 19, 2015. No. X-55 Head of the Department for Work with Personnel of the Ministry of Internal Affairs for the KChR Tsibizov K.A. reported that the writ of execution was returned to the plaintiff on 12/25/2015. To date, no writ of execution has been received by the plaintiff. 26.02.2016 the plaintiff received a registered letter from the Ministry of Internal Affairs for the KChR dated 15.02.2016. No. X-3 and X-4, in which it was officially reported that the writ of execution, which was received by the Ministry of Internal Affairs for the KChR with the plaintiff's statement dated 12/18/2016. was returned due to the fact that the application contained incorrect details of the writ of execution. The lawsuit states that it is valid when writing an application dated December 18, 2015. the plaintiff made a typo and indicated the number of the writ of execution No. 010260138 dated December 18, 2015. instead of No. 010560138 dated December 18, 2015. It is also indicated that the Ministry of Internal Affairs for the KChR, not executing the court decision on the restoration of the plaintiff at work and returning the writ of execution to her, grossly violated the rules on the strict execution of the court decision and on the immediate execution of court decisions on reinstatement at work, which deprived her of the constitutional right to work from 18.12.2015 to 24.02.2016 The Ministry of Internal Affairs for the KChR, returning the writ of execution, deliberately did not comply with the requirements for its safety (defined by the Instruction on the organization of consideration of citizens' appeals in the system of the Ministry of Internal Affairs of the Russian Federation, the Instruction on office work in the internal affairs bodies of the Russian Federation), deprived the plaintiff of the opportunity to apply to the FSSP of Russia within a month for enforcement of a judgment. With reference to Art. Art. 234, 396 of the Labor Code of the Russian Federation, the claim states that the Ministry of Internal Affairs for the KChR is obliged to compensate the plaintiff for material damage caused as a result of illegal deprivation of the opportunity to work in the period from 12/18/2015. to 24.02.2015 in the amount of monetary allowance for the specified period, which the plaintiff would have received while working as the head of the financial support center. The specified period must be credited to the plaintiff for length of service in calendar and preferential terms, the plaintiff must be paid compensation for vacation days in proportion to the hours worked.
Further, the plaintiff in the claim stated that on February 25, 2016. The Ministry of Internal Affairs for the KChR issued order No. 30, by which the plaintiff was reinstated in the service in the internal affairs bodies and temporarily suspended from duty due to the termination of access to information constituting a state secret. The specified order defines: during the period of suspension from official duties, pay monetary allowance in the amount of the official salary, salary for a special rank, and a monthly bonus for length of service. In Order No. 30, the decision of the bailiff-executor "On the resumption of enforcement proceedings" dated February 24, 2016 is indicated as the basis for reinstatement in the service in the internal affairs bodies. She believes that the decree order is not legal and violates her rights, since it does not comply with the explanations of the Plenum of the Armed Forces of the Russian Federation dated November 17, 2015 No. 50 “On the application of legislation by the courts when considering certain issues arising in the course of enforcement proceedings”, the Procedure for providing monetary allowance to employees of internal Affairs of the Russian Federation, approved by the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 “On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation” (hereinafter referred to as the Procedure for providing monetary allowance). The Ministry of Internal Affairs for the KChR was obliged, when reinstating her at work, to cancel the dismissal order, as well as to take the measures necessary to actual admission the plaintiff to perform his previous job duties. In fact, she was not allowed to perform her previous job duties. From February 03, 2016 to February 29, 2016, the plaintiff was on sick leave. Employer March 01, 2016 acquainted her with the order of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30. On March 01 and 02, the plaintiff was at the disposal of the head of the rear of the Ministry of Internal Affairs for the KChR, colonel of the internal service Pkheshkhov M.A. March 3 to March 10, 2016 Plaintiff was on outpatient treatment.
The plaintiff points out that according to paragraph 21.31 of the Procedure for providing monetary allowance, in the event of an employee being temporarily suspended from performing official duties due to the termination of access to information constituting a state secret, the Minister of Internal Affairs for the KChR is authorized to stop paying a monthly allowance to the official salary for work with information constituting a state secret and awards for conscientious performance of official duties. I believed that the employer, by order of the Ministry of Internal Affairs for the KChR No. 30, illegally deprived her of a monthly incentive payment for special achievements in the service established for me in the manner determined by order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1258 “On approval of the procedure for establishing incentive payments for special achievements in service to employees of the internal affairs bodies of the Russian Federation "in the amount of 20% of the salary for the position; a monthly allowance to the official salary for the qualification rank of a first-class specialist in the amount of 20% of the salary for the position, a social payment in the amount of the official salary established by Decree of the Government of the Russian Federation of December 29, 2011 N 1174 “On additional payments to certain categories of military personnel and employees of federal executive bodies authorities".
Further, the statement states that on March 10, 2016. The Ministry of Internal Affairs for the KChR issued an order No. 40 l / s on the abolition of orders of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30 and dated 03/01/2016. No. 35 regarding me. The text of the order does not contain grounds for canceling orders No. 30 and 35. With the order of the Ministry of Internal Affairs for the KCR dated 01.03.2016. No. 35, she has not been acquainted to date. She received an extract from order No. 40 by mail on 03/17/2016. After the cancellation by the Court of Appeal on March 10, 2016. decisions of the Circassian city court dated 12/17/2015. the employer was obliged to dismiss the plaintiff in accordance with Part 11 of Article 83 of the Labor Code of the Russian Federation, hand her a work book on the day of dismissal and pay monetary allowance for the period from 25.02.2016. on the day of dismissal. The employer sent her a notice of the need to pick up the work book on 03/15/2016. by registered mail No. 36900096677533 and No. 36900096671519, which she received on March 17, 2016. March 15, 2016 was considered the day of dismissal. She believed that the Ministry of Internal Affairs for the KChR was obliged to pay her monetary allowance for the period from February 25, 2016. to 15.03.2016 The specified period should be credited to the length of service in a calendar and preferential terms, she should be paid compensation for vacation days.
Further, the application states that the employer made entry No. 10 in the “Information about work” section in the work book in violation of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” (hereinafter referred to as the Rules for maintaining and storing work books). According to Subparagraph a) of paragraph 21 of these Rules, the work books of employees of the internal affairs bodies are filled in according to a special procedure, namely, the employer upon her dismissal on 05/22/2014. was obliged to make a record of the time of service in the internal affairs bodies. Those. was obliged to make a record of the period of service in the internal affairs bodies indicating the dates of admission and dismissal and the numbers of orders for admission and dismissal. The employer made entries in the work book by mixing general rules filling out a work book for civilian workers and employees and the procedure specified in paragraphs. a) clause 21 of the Rules for maintaining and storing work books. So, record No. 9 on admission to the service in the Department of Internal Affairs was made according to the rules for employees of the Department of Internal Affairs without indicating the position to which she was appointed. Record No. 10 about her dismissal on 05/22/2014. produced according to general rules filling out a work book. When making entries in the work book, the employer was obliged to comply with the rules set forth in subparagraph a) of clause 21, and not mix the rules at his own discretion. In accordance with clause 2 of the Rules for maintaining and storing work books, the work book is the main document on labor activity And seniority worker. The entries in her work book violate her interests. Incorrect completion of the work book led to the fact that it indicated that she did not correspond to her position and this was the reason for her dismissal. At the same time, the work book does not reflect what positions she held, what special ranks of the police and internal service she was awarded, what qualification ranks she was awarded during her service. The employer incorrectly made entries No. 11,12 in the section "Information about work" in my work book. According to paragraph 1.2 of the Instructions for filling out a work book, approved by the Decree of October 10, 2003 No. 69 of the Ministry of Labor and social development of the Russian Federation “On the Approval of the Instructions for Filling out Work Books”, the employer, after the court applied for the immediate execution of the decision to reinstate at work, was obliged to make an entry in the work book: “Entry No. 10 is invalid, restored to previous work". After the entry into force of the appeal ruling of the Supreme Court of the KChR dated 10.03.2014. The employer was obliged to make a record of dismissal in connection with the cancellation of the decision of the Cherkessk City Court dated 12/17/2015. After specifying the requirements, she asked:
Recognize as illegal the inaction of the Ministry of Internal Affairs for the KChR, expressed in the failure to comply with the court decision on the restoration of Kharina N.M. at work, facing immediate execution, not accepted from 12/18/2015. to 24.02.2016 measures for the admission of Harina N.M. to carry out their previous duties. - recognize as illegal the actions of the Ministry of Internal Affairs for the KChR, expressed in the return without execution of the writ of execution issued by the Circassian city court on 12/18/2015. No. 010560138, not taking measures to preserve it;
Amend the Order of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30 regarding the reinstatement in the service in the internal affairs bodies N.M. Harina: indicating the decision of the Circassian City Court dated December 17, 2015 as the basis for reinstatement in the service. on reinstatement in the service, adding in terms of payment of monetary allowance Harina FULL NAME1 on the implementation of monthly payments: incentive payment for special achievements in the service established by Harina N.M. in the manner determined by order of the Ministry of Internal Affairs of Russia dated December 19, 2011. N 1258 in the amount of 20% of the salary for the position; bonuses to the official salary for the qualification rank of a first-class specialist in the amount of 20% of the salary for the position, a social payment in the amount of the official salary established with Decree of the Government of the Russian Federation of December 29, 2011 N 1174 “On additional payments to certain categories of military personnel and employees of federal executive bodies authorities"; - oblige the defendant in order No. 35 dated 03/01/2016. in support of the cancellation of the order dated 22.05.2014. indicate the decision of the Cherkessk City Court dated December 17, 2015. on reinstatement;
Recognize as illegal the Order of the Ministry of Internal Affairs for the KChR dated 10.03.2016. No. 40 regarding the cancellation of order No. 30 l / s dated February 25, 2016 concerning Harina FULL NAME1. To oblige the defendant in order No. 40 to indicate as the basis for the cancellation of the order dated 01.03.2016. No. 35-appellate ruling of the Supreme Court of the KChR dated March 10, 2016 To oblige the defendant to issue an order of the Ministry of Internal Affairs for the KChR on my dismissal under clause 11 of article 83 of the Labor Code of the Russian Federation from 03/15/2016. The last working day is March 15, 2016;
To oblige the Ministry of Internal Affairs for the KChR to count the period from 12/18/2015. to 15.03.2016 to the continuous length of service, taken into account when calculating the period of service for the assignment of the next special rank, the payment of a percentage allowance for length of service and the appointment of a pension, including on a preferential basis;
To collect from the Ministry of Internal Affairs for the KCR not received earnings for the period from 12/18/2015. to 24.02.2016 due to illegal deprivation of the opportunity to work;
Collect from the Ministry of Internal Affairs for the KChR monetary allowance for the period from 25.02.2015. to 15.03.2016 in the amount of 16,803.92 rubles;
To oblige the Ministry of Internal Affairs for the KChR to enter in the work book in the section "Information about work": - entry No. 13 about the invalidity of entry No. 10; - entry No. 14 on the invalidity of entry No. 11; - entry No. 15 on the invalidity of entry No. 12; - entry No. 16 in the column "Information on hiring, transfers to another job and dismissal" make the entry "Service in the internal affairs bodies until May 22, 2014", in the date column indicate the actual date of execution of the court decision on this claim , in the column “On the basis of which the entry was made”, enter information about the order issued in pursuance of the court decision on this claim. - entry No. 17 in the column "Information on hiring, on transfers to another job and on dismissal" to make the entry "Service in the internal bodies from February 25, 2016. to March 15, 2016" in the column in the date column, indicate the actual date of execution of the court decision on this claim, in the column “On the basis of which the entry was made”, enter information about the order issued to enforce the court decision on this claim.
At the hearing, Kharin N.M., duly notified of the date and time of the consideration of the case, did not appear, asked to consider the case in her absence with the participation of her representative, due to the need to travel outside the KChR.
Earlier in the court hearings, the plaintiff Harina H.M. clarified requirements supported by the arguments set out in the statement of claim and asked them to satisfy.
The representative of the plaintiff, at the hearing referring to the requirements of Article. 211 Code of Civil Procedure of the Russian Federation, Article 396 of the Labor Code of the Russian Federation, according to which the court decision on reinstatement is subject to immediate execution; on item 115 of the Instruction on organizing the consideration of citizens' appeals in the system of the Ministry of Internal Affairs of the Russian Federation, approved by order of the Ministry of Internal Affairs of the Russian Federation dated 12.09.2013. No. 707 and p.99, 102, 103 of the Instruction on office work in the internal affairs bodies of the Russian Federation, approved by Order dated 20.06.2012 No. 615, the defendant did not return Kharina H.M. the original writ of execution of the FS series No. 010560138 by personal delivery against receipt or in a manner that ensures its safety; to Decree of the Government of the Russian Federation of December 29, 2011 N 1174 “On additional payments to certain categories of military personnel and employees of federal executive bodies”; to part 3 of article 74 of the Federal Law of November 30, 2011. No. 342-FZ, which defines a limited list of grounds for reinstatement in the service in the internal affairs bodies; to paragraph 31 of the Procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation, approved. Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65; at st. 234, 396 of the Labor Code of the Russian Federation; to the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 No. No. 69 and the requirements in paragraph 21 of the Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225 "On work books", asked to satisfy the claims.
The representative of the Ministry of Internal Affairs for the KChR did not agree with the claims, since the Supreme Court of the KChR recognized the dismissal of N.M. Harina. legal. In addition, she explained that on December 18, 2015, the Ministry of Internal Affairs for the Karachay-Cherkess Republic received a statement from N.M. Harina. with a request to execute a writ of execution of the FS series No. 010260138 dated December 18, 2015, issued by the Cherkessk City Court. On December 21, 2015, the specified writ of execution was returned without execution, with an explanation of the need to present it in the manner prescribed by the Federal Law "On Enforcement Proceedings". In addition, orally Harina N.M. It was pointed out to the fact that in the application she indicated the wrong number of the writ of execution. Based on register No. 13 for correspondence handed over for transportation by Russian Post, a letter with an enforcement order attached to it was sent by ordinary mail. On January 21, 2016, the Circassian City Court issued a ruling on the issuance of a duplicate writ of execution by N.M. Harina. On January 25, 2016, on the basis of a writ of execution No. 010560909 issued by the Cherkessk City Court in case No. 2-2956/15 on the claim of N.M. Harina on reinstatement, enforcement proceedings were initiated by the Department of Bailiffs No. 2 of the city of Cherkessk of the Office of the Federal Bailiffs Service for the Karachay-Cherkess Republic. According to paragraph 1 of the decision, the requirement under the executive document was subject to immediate execution - within 24 hours from the moment the debtor received a copy of this decision. On January 27, 2016, the Ministry of Internal Affairs for the Karachay-Cherkess Republic submitted an application to the Department of Bailiffs No. 2 of the city of Cherkessk of the Office of the Federal Bailiffs Service for the Karachay-Cherkess Republic for ref. No. 11/673 with a request to postpone enforcement actions on the basis of Article 38 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. He believes that there were a number of circumstances that objectively made it impossible to immediately fulfill the requirement contained in the executive document on reinstatement, namely: the decision of the Cherkess City Court of December 17, 2015, was appealed to the Supreme Court of the Karachay-Cherkess Republic. Paragraph 2 of the complaint of the Ministry of Internal Affairs for the Karachay-Cherkess Republic asked the court to suspend the execution of the decision of the Cherkess City Court of December 17, 2015 regarding the reinstatement of N.M. Harina. in his former position until consideration of the appeal on the merits. The appeal was accepted for consideration by the Supreme Court of the KChR on January 25, 2016. On February 11, 2016, the petition of the Ministry of Internal Affairs for the Karachay-Cherkess Republic was considered by the court and denied its satisfaction, since at the time of its consideration the execution of the decision was suspended by bailiffs. February 3, 2016 at the hearing in the Supreme Court of the Karachay-Cherkess Republic Harina H.M. a petition was submitted with the certificate of the RSBLPU "Psychoneurological Dispensary" dated 03.02.2016 No. 89 stating that she has been on treatment in the day hospital of the RSBLPU "Psychoneurological Dispensary" since February 03, 2016, receives neuroleptic drugs and does not may participate in court hearings. Finding Harina N.M. on treatment made it impossible to actually fulfill the requirement contained in the executive document on reinstatement in accordance with paragraph 1 of part 2 of article 40 and paragraph 1 of article 106 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings" , about which the Ministry of Internal Affairs for the Karachay-Cherkess Republic sent relevant information to the bailiff-executor of the Circassian city department of bailiffs No. 2 B.Kh. Batchaev. February 08, 2016 by the Ministry of Internal Affairs for the Karachay-Cherkess Republic for ref. No. 11/1181, an administrative claim was filed to suspend enforcement proceedings and invalidate the decision of the bailiff of the Circassian city department of bailiffs No. 2 Batchaev B.Kh. on the recovery from the Ministry of Internal Affairs for the Karachay-Cherkess Republic of a performance fee dated January 29, 2016 in the amount of 50 thousand rubles, which is currently under consideration in the Circassian City Court of the KChR. On February 24, 2016, based on the resolution on the resumption of enforcement proceedings, enforcement proceedings No. 1401/16/09012/IP were resumed. By order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic of February 25, 2016 No. 30 l / s Kharin N.M. reinstated as head of the Central Federal District of the Ministry of Internal Affairs for the Karachay-Cherkess Republic from June 5, 2014 by the said order, in accordance with clause 3 of part 1 of Article 73 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”, Kharina N.M. was temporarily suspended from the performance of official duties from February 25, 2016 until obtaining access to information constituting a state or other secret protected by law, transfer to another position in the internal affairs bodies or dismissal from service in the internal affairs bodies. For the period of suspension from official duties, she had to perform separate official assignments of the head of logistics, could be involved in the performance of duties in a different position in the internal affairs bodies or in the performance of individual official assignments that did not require access to information constituting a state or other secret protected by law . At the same time, Harina N.M. the payment of monetary allowance was established in the amount of the official salary, salary for a special rank, as well as a monthly allowance to the salary of monetary maintenance for the length of service (length of service). The publication of the order in this wording was due to the following circumstances. The decision to restore Harina N.M. in the internal affairs bodies was issued on December 17, 2015, after one and a half years from the date of her dismissal. According to paragraph 44 of the Instruction on the procedure for admitting officials and citizens to state secrets, approved by Decree of the Government of the Russian Federation of February 6, 2010 No. 63, access to state secrets is terminated in relation to citizens who have been transferred to positions that do not provide for access to state secrets. secret, resigned from the organization, including upon termination employment contract(contract) in connection with organizational and (or) staff events, graduated from an educational institution, etc. and for which cards have not been requested within 6 months (form 1). Paragraph 3 of Part 1 of Article 73 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” provides that an employee of the internal affairs bodies is temporarily suspended from duty in the event that an employee’s access to information constituting state and other secrets protected by law is terminated, if the performance of official duties requires access to such information, until access to the specified information is obtained, transfer to another position in the internal affairs bodies or dismissal from service in the internal affairs bodies . Part 25 of Article 2 of the Federal Law of July 19, 2011 No. 247-FZ “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” provides that in the event of an employee’s temporary removal from office, he is paid a monetary allowance in the amount of the official salary and salary for a special rank, as well as an allowance to the salary of monetary maintenance for the length of service (length of service). In pursuance of the requirements of the bailiff-executor of the Department of Bailiffs No. 2 of the city of Cherkessk of the Office of the Federal Bailiff Service No. 2 for the Karachay-Cherkess Republic of February 29, 2016, by order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic of March 1, 2016 No. 35l / s canceled order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic dated May 22, 2014 No. 78l / s as amended by paragraph 31 of the order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic dated November 21, 2014 No. 164l / s regarding the dismissal of N.M. Harina By the appeal ruling of the Supreme Court of the Karachay-Cherkess Republic of March 10, 2016, the decision of the Cherkess City Court of December 18, 2015 was canceled, in satisfaction of the claims of N.M. Harina. denied in full. Order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic dated March 10, 2016 No. 40l/s canceled the orders of the Ministry of Internal Affairs for the Karachay-Cherkess Republic dated February 25, 2016 No. 30l/s and dated March 1, 2016 No. 35 l/s. By the decision of March 23, 2016, the enforcement proceedings of January 25, 2016 were terminated due to the annulment of the judicial act. Since the legal relations of the parties existing under this case, are regulated by special legislation, then the requirement of Harina N.M. on the obligation of the Ministry of Internal Affairs for the Karachay-Cherkess Republic to issue a dismissal order on the basis of clause 11 of part 1 of article 83 Labor Code of the Russian Federation is illegal (determination of the Supreme Court of the Russian Federation of September 14, 2012 No. 22-KG 12-4). The order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic was issued on March 10, 2016, at the indicated time, Kharin N.M. was being treated at the clinic of the Medical Unit of the FKUZ “MSCH of the Ministry of Internal Affairs of Russia for the Karachay-Cherkess Republic”, was supposed to enter the service, based on the disability certificate, on March 11, 2016. The notice of the need to appear at the Ministry of Internal Affairs for the Karachay-Cherkess Republic was prepared on March 11, 2016 ref. No. 6/2451, March 12 and 13 were days off, on Monday, March 14, the wrapped mail was sent to the OSP Circassian Post Office, which is indicated on the list of internal registered postal items from 14.03.2016. On March 15, the letter was processed at the post office and sent for delivery to the addressee. He believes that the Ministry of Internal Affairs for the Karachay-Cherkess Republic should not be held responsible. As a result, the claim of N.M. Harina is unlawful. on changing the date of dismissal from March 10 to March 15, 2016. The Ministry of Internal Affairs for the Karachay-Cherkess Republic also disagrees with the presented earnings calculations for the following reasons. Harina N.M. the incorrect period from February 25 to March 15, 2016 is specified, the period from February 25 to March 10, 2016 should be taken into account, in addition, the calculation was made without taking into account the requirements of part 25 of article 2 of the Federal Law of July 19, 2011 No. 247-FZ “On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (three components should be taken into account: salary according to the position, salary according to a special rank and allowance). Thus it is Harina N.M. actually was in the service from February 25 to March 10, 2016, as a result of which, the Ministry of Internal Affairs for the Karachay-Cherkess Republic issued two orders. By order of July 25, 2016 No. 116l / s, it is indicated to pay Harina N.M. monetary allowance in the amount of salary according to the position, salary according to a special rank and allowances for the length of service for the period from February 25 to March 10, 2016. The Central Federal District of the Ministry of Internal Affairs for the Karachay-Cherkess Republic, according to the order, was credited for payment to N.M. Harina. 19,023.01 rubles in monetary allowance and 9,904.87 rubles (a monthly allowance for special conditions of service in the amount of 100 percent of the salary for position(military position), taking into account the increase provided for by Decree of the Government of the Russian Federation of February 9, 2004 No. 65), a total of 28,927.88 rubles. Order No. 118l/s dated July 28, 2016 indicated that the specified period should be included in the length of service for the assignment of the next special rank, the payment of a percentage bonus for the length of service and the appointment of a pension, in addition, the period from May 22 to June 05, 2014 was included in the length of service year, based on the order of the Ministry of Internal Affairs for the Karachay-Cherkess Republic of November 21, 2014 No. 164ls. The requirement of Harina N.M. about making changes to the work book considered illegal, t.to. work book of Harina N.M. filled in according to a special procedure provided for employees of internal affairs. In addition, she considered the declared legal costs for the representative to be excessive. She requested that the claims be dismissed.
After listening to the participants in the process, examining the materials of the case, the court comes to the following conclusion:
As follows from the case file, plaintiff Kharin H.M. served in the internal affairs bodies from 03/03/1996 to 05/22/2014. 05/22/2014 Kharina N.M. was dismissed from the post of head of the Center for Financial Support of the Ministry of Internal Affairs for the KChR. By the decision of the Cherkessk City Court of December 17, 2015, the claims of Harina N.M. on recognition as illegal: the conclusion of an internal audit, an order to impose a disciplinary sanction, decisions attestation commission, the order to terminate the contract and dismissal, to reinstate him in his previous position, to recover monetary allowance for the time of forced absenteeism and compensation for non-pecuniary damage were satisfied.
By the appeal ruling of the Supreme Court of the KChR dated March 10, 2016, the decision of the Cherkessk City Court dated December 17, 2015 was canceled, in satisfaction of the claims of N.M. Harina. denied in full.
Turning this claim, Harina H.M. refers to the inaction of the Ministry of Internal Affairs for the KChR, expressed in the failure to comply with the court decision to reinstate her at work, addressed to immediate execution, not accepted from 18.12.2015. to 24.02.2016 measures to allow her to perform her former official duties.
Meanwhile, the court concludes that the contested action (inaction) of the Ministry of Internal Affairs for the KChR has no legal significance at the time of the dispute in court, since the decision to reinstate her at work in her previous position was canceled. The Judicial Board concluded that the dismissal of Harina H.M. was produced in accordance with the requirements of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies”. The submission of the Prosecutor of the KChR dated February 9, 2016 regarding the violation of the rights of N.M. Kharina, to which N.M. Kharina refers, also took place before the appeal ruling of the KChR Supreme Court dated March 10, 2016.
Under such circumstances, the requirements to recognize as illegal the inaction of the Ministry of Internal Affairs for the KChR, expressed in the non-execution of the court decision on reinstatement, addressed to immediate execution, are not accepted from 12/18/2015. to 24.02.2016 measures for the admission of Harina N.M. to the performance of previous official duties; recognition as illegal the actions of the Ministry of Internal Affairs for the KChR, expressed in the return without execution of a writ of execution issued by the Circassian City Court on 12/18/2015. No. 010560138, not taking measures to preserve it, are not subject to satisfaction, since only the violated right is subject to restoration.
Considering the requirements of N.M. Harina, on amending the Order of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30 regarding the reinstatement in the service in the internal affairs bodies N.M. Harina: indicating the decision of the Circassian City Court dated December 17, 2015 as the basis for reinstatement in the service. on reinstatement; the obligation of the defendant in order No. 35 dated 01.03.2016. in support of the cancellation of the order dated 05/22/2014, regarding the dismissal of N.M. Harina, indicate the decision of the Cherkessk City Court dated December 17, 2015. on reinstatement”, the court finds no reason to satisfy them, since these orders in the above wording do not violate the rights of Harina H.M., t.to. these orders were canceled by the order of the Ministry of Internal Affairs for the KChR dated March 10, 2016, after the decision of the Judicial Collegium of the Supreme Court of the KChR to refuse to satisfy the claims of N.M. Harina.
Regarding the requirements to supplement the order of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30 regarding the payment of monetary allowance to N.M. Harina on the implementation of monthly payments: an incentive payment for special achievements in the service established by N. M. Harina in the manner determined by the order of the Ministry of Internal Affairs of Russia dated December 19, 2011. N 1258 in the amount of 20% of the salary for the position; bonuses to the official salary for the qualification rank of a first-class specialist in the amount of 20% of the salary for the position, social payment in the amount of the official salary established by Decree of the Government of the Russian Federation of December 29, 2011 N 1174 “On additional payments to certain categories of military personnel and employees of federal executive bodies ”, the court considers them unreasonable on the following grounds:
According to part 25 of Art. 2 of the Federal Law of July 19, 2011 N 247-FZ “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, in the event of an employee being temporarily removed from office, he is paid a monetary allowance in the amount of the official salary and salary according to special rank, as well as an allowance to the salary of monetary maintenance for the length of service (length of service).
As follows from the order of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30, Kharina N.M. temporarily suspended from duty. The order states that for the period of removal from duty Kharin N.M. performs separate official assignments of the head of logistics, can be involved in the execution of individual official assignments that do not require access to information constituting state and other secrets protected by law, pay her monetary allowance in the amount of the official salary, salary for a special rank, as well as a monthly salary supplement monetary allowance for length of service (length of service).
Link Harina N.M. to the order of the Ministry of Internal Affairs of January 31, 2013 No. 65 “On Approval of the Procedure for Providing Monetary Allowance to Employees of the Internal Affairs Bodies of the Russian Federation” and the arguments that in the event of a temporary suspension of an employee from the performance of official duties, only a bonus is not paid, are not justified, since in This order deals with the cases in which the premium is not paid. So according to p.p. 31.31.1. order No. 65, on the basis of the order of the head, the bonus is not paid in the event of the temporary suspension of the employee from the performance of official duties.
Considering the plaintiff's claims to invalidate the order of the Ministry of Internal Affairs for the KChR dated 10.03.2016. No. 40 regarding the cancellation of order No. 30 l / s dated February 25, 2016 regarding Natalia Mikhailovna Harina. The obligation of the defendant in order No. 40 to indicate as the basis for the cancellation of the order dated 01.03.2016. No. 35-appellate ruling of the Supreme Court of the KChR dated March 10, 2016 The obligation of the defendant to issue an order of the Ministry of Internal Affairs for the KChR on the dismissal of Harina H.M. according to clause 11 of article 83 of the Labor Code of the Russian Federation from 03/15/2016 Consider March 15, 2016 as the last working day, the court also finds no reason to satisfy them.
So, by order of the Ministry of Internal Affairs for the KChR No. 40 of March 10, 2016, orders No. 30 of February 25, 2016 were canceled with regard to N.M. Harina. and Order No. 35 dated March 1, 2016, which canceled Order No. 78 dated May 22, 2014, as amended by paragraph 31 of Order No. 164 of the Ministry of Internal Affairs for the KChR dated November 21, 2014, regarding the dismissal of N.M. Harina.
Since the Judicial Board of the Supreme Court of the KChR, the dismissal of Harina H.The. recognized as lawful, accordingly, order No. 78 dated 05.22.2014 on the dismissal of N.M. Harina was recognized as lawful, in connection with which, the Ministry of Internal Affairs for the KChR justifiably canceled the order for reinstatement and the order to cancel the order for dismissal. Thus, Order No. 40 dated 10.03.2016, the right of Kharinoy N.V. does not violate. Failure to indicate in this order the grounds for canceling orders does not indicate its illegality.
The requirement to oblige the defendant to issue an order of the Ministry of Internal Affairs for the KChR on the dismissal of Harina N.M. according to paragraph 11 of Article 83 of the Labor Code of the Russian Federation, are not justified, since in accordance with Part 2 of Art. 3 of Law N 342-FZ, the norms of labor legislation apply to legal relations related to service in the internal affairs bodies, in cases not regulated by the regulatory legal acts of the Russian Federation listed in Part 1 of Art. 3 of the said Federal Law.
According to Part 1 of Article 3 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation ...”, the regulation of legal relations related to service in the internal affairs bodies is carried out in accordance with: the Constitution of the Russian Federation; this Federal Law; Federal Law No. 3-FZ of February 7, 2011 “On the Police” (hereinafter referred to as the Federal Law “On the Police”), Federal Law No. 247-FZ of July 19, 2011 “On Social Guarantees for Employees of Internal Affairs Bodies of the Russian Federation and Amendments to certain legislative acts of the Russian Federation” and other federal laws regulating legal relations related to service in the internal affairs bodies; normative legal acts of the President of the Russian Federation; regulatory legal acts of the Government of the Russian Federation; normative legal acts of the federal executive body in the field of internal affairs.
Under such circumstances, the legal grounds for obliging the defendant to issue an order of the Ministry of Internal Affairs for the KChR on the dismissal of Harina H.M. according to paragraph 11 of Article 83 of the Labor Code of the Russian Federation, the court does not see.
Regarding the requirements of Harina N.M. on the obligation of the Ministry of Internal Affairs for the KChR to count the period from 12/18/2015. to 15.03.2016 into continuous length of service, taken into account when calculating the length of service for the assignment of the next special rank, the payment of a percentage allowance for length of service and the appointment of a pension, including in a preferential calculation, ”the court comes to the following conclusions:
The arguments of Harina H.M. in support of these requirements are that from 18.12.2015g. to March 15, 2016 - the day the plaintiff was notified of the need to obtain a work book, she acquired the right to serve in the internal affairs bodies, which was not implemented in a timely manner due to the fault of the defendant. However, these arguments of Harina are not consistent, because. the court decision to reinstate at work was later declared illegal and canceled, in connection with which, it is necessary to conclude that the grounds for the reinstatement of Harina H.M. was not at work initially, i.e. at the time of the issuance of the annulment judgment.
The arguments of Harina H.M. that March 15, 2016 should be considered the last working day is also unfounded for the following reasons:
According to Part 9 of Art. 89 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation ...”, if on the last day of service in the internal affairs bodies, an employee of the internal affairs bodies did not receive a work book in their hands for reasons that do not depend on the actions of the authorized manager, the employee is notified of the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the authorized manager is released from liability for the delay in issuing a work book.
As follows from the case file, the notice of the need to appear at the Ministry of Internal Affairs for the KChR was prepared on March 11, 2016 and registered. Since the next two days were days off, the notification was sent on March 14, 2016, which is indicated on the list of internal registered mail. On March 15, 2016, the envelope was processed at the post office and sent for delivery to the addressee. Thus, there is no fault of the employer in the delay in issuing a work book, since the above requirements of the law were met by the employer in full. In addition, the plaintiff did not provide evidence of the fact that the absence of a work book from the plaintiff prevented her employment.
Thus it is requirements Kharinoy H.M. on the obligation of the Ministry of Internal Affairs for the KChR to count the period from 12/18/2015. to 15.03.2016 in continuous service, and that the last working day must be considered 03/15/2016. unfounded and unsatisfactory.
For the above reasons, the plaintiff's claim for recovery from the Ministry of Internal Affairs for the KChR not received earnings for the period from 18.12.2015 is not subject to satisfaction. to 24.02.2016
The claims of the plaintiff for the recovery of monetary allowance from the Ministry of Internal Affairs for the KChR for the period from 25.02.2016 are also not subject to satisfaction. to 15.03.2016 in the amount of 16,803.92 rubles, since Kharinoy H.M. wrong period specified. In addition, the calculation was made without taking into account the requirements of Part 25 of Art. 2 of the Federal Law of July 19, 2011 N 247-ФЗ “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, in accordance with which, in the event of an employee’s temporary removal from office, he is paid a monetary allowance in the amount of the official salary and salary for a special rank, as well as an allowance to the salary of monetary maintenance for length of service (length of service).
From the case file it follows that Kharin H.M. was in service from 02/25/2016 to 03/10/2016. According to order No. 116 dated July 25, 2016, Kharina N.M. was accrued and paid a monetary allowance in the amount of salary for the position, salary for a special rank and allowances for length of service for the period from February 25, 2016 to March 10, 2016, in total in the amount of 28,927.88 rubles. By Order No. 118 dated July 28, 2016, the specified period is included in the length of service. In addition, the length of service included the period from May 22, 2014 to June 5, 2014 (the date of dismissal on the basis of order No. 164 of November 21, 2014).
Thus it is in the payment of allowance Harina N.M. for the period of its work, no violations of the Ministry of Internal Affairs for the KChR were allowed.
The plaintiff's claims for amendments to the work book are subject to partial satisfaction on the following grounds:
In accordance with Art. 66 of the Labor Code of the Russian Federation, the work book of the established form is the main document on the labor activity and work experience of the employee. The form, procedure for maintaining and storing work books, as well as the procedure for preparing blank work books and providing employers with them, are established by the federal executive body authorized by the Government of the Russian Federation. The rules for maintaining and storing work books, preparing work book forms and providing employers with them were approved by Decree of the Government of the Russian Federation N 225 dated April 16, 2003.
The work book is filled out in the manner approved by the Ministry of Labor and social protection Russian Federation. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. Upon termination of the employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (with the exception of cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (paragraphs 4 and 10 of this article)), an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the relevant paragraph of the first part of this article. When terminating an employment contract at the initiative of the employer, an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the relevant paragraph of Article 81 of the Labor Code of the Russian Federation. Upon termination of an employment contract due to circumstances beyond the control of the parties, an entry is made in the work book on the grounds for termination of the employment contract with reference to the relevant paragraph of Article 83 of the Labor Code of the Russian Federation. Upon termination of an employment contract on other grounds provided for by the Labor Code of the Russian Federation or other federal laws, an entry is made in the employment record book about the dismissal (termination of the employment contract) with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law. (p.p.13-18
Decree of the Government of the Russian Federation of April 16, 2003 N 225 (as amended on March 25, 2013) “On work books” (together with the “Rules for maintaining and storing work books, preparing work book forms and providing them to employers”).
In accordance with subparagraph “a” of paragraph 21 of the above Rules for maintaining and storing work books, manufacturing work book forms and providing employers with them, an entry about the time of military service is also made in the work book at the place of work, indicating the relevant documents in accordance with with the Federal Law "On Military Duty and Military Service", as well as on the time of service in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system, bodies tax police, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities; about the time of study at courses and schools for advanced training, retraining and training of personnel.
Based on the meaning of the above norm, the execution of entries in the work books of employees of the internal affairs bodies involves the indication in the appropriate columns of the “date of employment and dismissal of the employee” - the date and number of the corresponding order, while the record of work should contain only total time services.
The plaintiff, in support of his claims, refers to the fact that the entries for No. 10,11,12 in the work book do not comply with paragraph 2 of the Rules for maintaining and storing work books, the information is presented incorrectly, incompletely and inaccurately (unclear). The entries in her work book violate her interests.
Having examined the submitted materials, the court established a discrepancy between the records entered in the work book AT-V No. 9335538 in the name of N.M. Harina, the requirements of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation dated 16 April 2003 N 225, and Instructions for filling out work books, approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 N 69.
So the employer made entry No. 9 according to a special procedure for filling out work books, used for military personnel and employees of internal affairs bodies, i.e. without specifying what position in the internal affairs bodies adopted the plaintiff.
Entry No. 10 on the dismissal of the plaintiff by the employer was made in accordance with paragraph 5 of the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003. No. 69. Whereas he had to make an entry in accordance with the requirements in paragraph 21 of the Rules for the maintenance and storage of work books, i.e. was obliged to make a record of the period of service in the internal affairs bodies. In addition, the date of dismissal of the plaintiff does not correspond to the actual one, since changes were made to the dismissal order regarding the date of dismissal, however, the indicated information is not reflected in the work book.
According to Art. 74 of the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation"? the basis for the reinstatement of an employee of the internal affairs bodies in the service of the internal affairs bodies is the decision of the head of the federal executive body in the field of internal affairs or an authorized head, or a court decision that has entered into legal force.
However, entry No. 11 incorrectly indicates the basis for reinstatement, i.e. instead of the court decision of 12/17/2015, the decision of the bailiff of the bailiff department of the bailiff department No. 2 of Cherkessk of 02/24/2016 is indicated. In addition, the date of restoration at work is incorrectly indicated, i.e. instead of the date of restoration at work, 06/05/2014 is indicated. (date of dismissal).
Record No. 12 does not include a date. In the column “Information on hiring, on transfers to another job and on dismissal”, an entry was made that was not provided for by the Rules for maintaining and storing work books, information on acceptance or dismissal from the position is not set out.
In accordance with clause 1.2. Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69 “On approval of the Instructions for filling out work books” in the sections “Information about work” and “Information about the award” of the work book, it is not allowed to cross out previously entered inaccurate, incorrect or other invalid entries. For example, if it is necessary to change a specific employment record in the “Job Details” section, after the corresponding last entry in this section, the subsequent serial number, the date of the entry is indicated, in column 3 the entry is made: “The entry for the number such and such is invalid.” After that, the correct entry is made: “Accepted by such and such a profession (position)” and column 4 repeats the date and number of the order (order) or other decision of the employer, the entry from which was incorrectly entered in the work book, or the date and number of the order are indicated ( order) or other decision of the employer, on the basis of which the correct entry is made.
In the same manner, the record of dismissal, transfer to another permanent job is invalidated if the dismissal or transfer is recognized as illegal by the employer, the supervisory authority, the labor dispute resolution body or the court and reinstatement at the previous job or changing the wording of the reason for dismissal. For example: "The entry for the number such and such is invalid, restored to the previous job." When the wording of the reason for dismissal is changed, an entry is made: “The entry for the number such and such is invalid, dismissed (the new wording is indicated)”. In column 4, a reference is made to the order (instruction) or other decision of the employer to reinstate at work or change the wording of the reason for dismissal.
If there is an entry in the work book about dismissal or transfer to another permanent job, subsequently recognized as invalid, a duplicate of the work book is issued upon a written application of the employee without making an entry declared invalid. At the same time, in the upper right corner of the first page of the duplicate work book, an inscription is made: “Duplicate”. On the first page ( title page) of the previous work book, it is written: “A duplicate was issued instead” indicating its series and number.
Given the above violations, when filling out the plaintiff's work book, the Ministry of Internal Affairs for the KChR should be charged with the obligation to enter in the work book in the "Information about work" section: - entry No. 13, about the invalidity of entry No. 10; - entry No. 14, about the invalidity of the entry for No. 11; - entry No. 15, about the invalidity of entry for No. 12. To oblige the Ministry of Internal Affairs for the KChR to make subsequent entries, indicating in the column "Information on hiring, on transfers to another job and on dismissal", in the column "date" and in the column "On the basis of which the entry was made", information in accordance with the Rules for maintaining and storage of work books.
According to Art. 88 Code of Civil Procedure of the Russian Federation, court costs consist of state fees and costs associated with the consideration of the case.
In accordance with Art. 94 of the Code of Civil Procedure of the Russian Federation, the costs associated with the consideration of the case, among others, include the amounts payable to witnesses, experts, specialists and translators, the costs of paying for the services of representatives and other expenses recognized by the court as necessary.
In accordance with Art. 98 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, the court awards reimbursement on the other side of all the court costs incurred in the case. If the claim is partially satisfied, the court costs are awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant in proportion to that part of the claims in which the plaintiff is denied.
According to Art. 100 Code of Civil Procedure of the Russian Federation to the party in whose favor the court decision was held, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
The plaintiff, in the conduct of the case, incurred legal expenses, expressed in payment for the services of a representative in the amount of 40,000 rubles, which is confirmed by receipts.
Considering the nature of the dispute, the number of court hearings held and the requirements of Art. 98 Code of Civil Procedure of the Russian Federation, the court considers that the required amount of court costs for the services of a representative is subject to reduction to 5,000 rubles. According to the court, the said amount is reasonable and fair.
Guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation, the court
In satisfying the claims of Harina FULL NAME1 to the Ministry of Internal Affairs for the Karachay-Cherkess Republic, about the recognition of the illegal inaction of the Ministry of Internal Affairs for the KChR, expressed in the non-execution of the court decision on the restoration of Harina N.M. at work, facing immediate execution, not accepted from 12/18/2015. to 24.02.2016 measures for the admission of Harina N.M. to the performance of previous official duties;
Recognition as illegal the actions of the Ministry of Internal Affairs for the KChR, expressed in the return without execution of a writ of execution issued by the Circassian City Court on 12/18/2015. No. 010560138, not taking measures to preserve it;
– amending the Order of the Ministry of Internal Affairs for the KChR dated February 25, 2016. No. 30 regarding the reinstatement in the service in the internal affairs bodies N.M. Harina: indicating the decision of the Circassian City Court dated December 17, 2015 as the basis for reinstatement in the service. on reinstatement; supplementing in terms of payment of monetary allowance Harina FULL NAME1 on the implementation of monthly payments: incentive payment for special achievements in the service established by Harina N. M. in the manner determined by order of the Ministry of Internal Affairs of Russia dated December 19, 2011. N 1258 in the amount of 20% of the salary for the position; bonuses to the official salary for the qualification rank of a first-class specialist in the amount of 20% of the salary for the position, social payment in the amount of the official salary established by Decree of the Government of the Russian Federation of December 29, 2011 N 1174 “On additional payments to certain categories of military personnel and employees of federal executive bodies »;
- the obligation of the defendant in order No. 35 of 03/01/2016. in support of the cancellation of the order dated 22.05.2014. indicate the decision of the Cherkessk City Court dated December 17, 2015. about reinstatement.
Recognition as illegal of the Order of the Ministry of Internal Affairs for the KChR dated 10.03.2016. No. 40 regarding the cancellation of order No. 30 l \ s dated February 25, 2016 concerning Harina FULL NAME1. To oblige the defendant in order No. 40 to indicate as the basis for the cancellation of the order dated 01.03.2016. No. 35 - appeal ruling of the Supreme Court of the KChR dated March 10, 2016. To oblige the defendant to issue an order of the Ministry of Internal Affairs for the KChR on the dismissal of Harina N.M. according to clause 11 of article 83 of the Labor Code of the Russian Federation from 03/15/2016 The last working day is 03/15/2016;
The obligation of the Ministry of Internal Affairs for the KChR to count the period from 12/18/2015. to 15.03.2016 to the continuous length of service, taken into account when calculating the period of service for the assignment of the next special rank, the payment of a percentage allowance for length of service and the appointment of a pension, including on a preferential basis;
Recovery from the Ministry of Internal Affairs for the KChR unreceived earnings for the period from 12/18/2015. to 24.02.2016 due to illegal deprivation of the opportunity to work;
– recovery from the Ministry of Internal Affairs for the KChR monetary allowance for the period from 25.02.2015. to 15.03.2016 in the amount of 16,803.92 rubles - refuse.
Claims Harina FULL NAME1 to the Ministry of Internal Affairs for the Karachay-Cherkess Republic on the obligation of the Ministry of Internal Affairs for the KChR to make changes to the work book - partially satisfy.
To oblige the Ministry of Internal Affairs for the Karachay-Cherkess Republic to enter in the work book of Kharina FULL NAME1 AT-V No. 9335538 in the section “Information about work”: - entry No. 13, about the invalidity of entry No. 10; - entry No. 14, about the invalidity of the entry for No. 11; - entry No. 15, about the invalidity of entry for No. 12.
Oblige the Ministry of Internal Affairs for the Karachay-Cherkess Republic to make subsequent entries, indicating in the column “Information on hiring, transfers to another job and dismissal”, in the column “Date” and in the column “On the basis of which the entry was made”, information in accordance with the Rules for maintaining and storing work books.
To satisfy the claims of Harina FULL NAME1 to the Ministry of Internal Affairs for the Karachay-Cherkess Republic on the obligation of the Ministry of Internal Affairs for the KChR to make changes to the work book in the rest - refuse.
To recover from the Ministry of Internal Affairs for the Karachay-Cherkess Republic in favor of Harina FULL NAME1 court costs for the services of a representative in the amount of 5000 (five thousand) rubles.
The decision can be appealed by the parties on appeal to the Supreme Court of the Karachay-Cherkess Republic by filing an appeal through the Cherkess City Court within a month from the date of its manufacture in the final form, i.e. 08/16/2016.
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Colonel of internal service Elena CHURAKOVA answers questions from the readers of the Police of Russia.
Is an employee of the internal affairs bodies entitled to material assistance during the period of leave granted to him to care for a child until he reaches the age of three years?
E. Gromova, Smolensk region
In accordance with Part 2 of Article 3 of the Federal Law of July 19, 2011 No. 247-FZ “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law “On Social Guarantees”) employees financial assistance is provided annually in the amount of at least one monthly salary per year in the manner determined by the order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On Approval of the Procedure for Providing Monetary Allowance to Employees of the Internal Affairs Bodies of the Russian Federation” (hereinafter referred to as the Procedure).
The legislation does not establish restrictions regarding the payment of material assistance to employees during their parental leave until the child reaches the age of three years.
By the decision of the head, material assistance in the amount of one salary of the monetary content established on the day the payment is made is provided annually when the employee leaves for the main vacation or at other times according to the report of the employee.
Thus, the basis for the payment of financial assistance to an employee during his parental leave until he reaches the age of three years is the report of the employee and the decision of the head to provide financial assistance for the corresponding year.
If during the calendar year the employee did not apply with a report on the payment of financial assistance to him for the current year, then material assistance in the amount of one salary of the monetary content established on the day of the payment is provided to him on the basis of the order of the head in December of the current year.
My husband is a police officer. Every year, on the Day of the employee of the internal affairs bodies, he was paid a bonus. Last year they didn't pay.
Is it legal?
T. Lipnitskaya, Kemerovo
The procedure for awarding employees of internal affairs bodies is regulated by Section IV of the Order.
Employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries. The bonus is paid monthly at the rate of twenty-five percent of the monthly salary. Within the limits of the funds provided for the payment of monetary allowance, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses.
The payment of bonuses to police officers on anniversaries and holidays, including professional holidays, is not established by law.
Thus, one-time bonuses are not obligatory in nature, but are a special measure of material incentives for employees for the successful completion of particularly complex and important tasks and are paid out of the savings generated in the presence of vacant positions for the payment of monetary allowances.
I am a district commissioner and additionally perform duties in another position. How should I pay for all this?
P. Zharkov, Vyborg, Leningrad Region
In accordance with Article 31 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, an employee of the internal affairs bodies, with his consent, may be temporarily assigned duties for a higher or equivalent position in the internal affairs bodies with simultaneous release of him from the duties of the replaced position or without it.
The assignment to an employee of the internal affairs bodies of temporary performance of duties in accordance with this article and his release in connection with this from the performance of duties in a substituted position of an ordinary staff, junior, middle or senior commanding staff are carried out by order of an authorized head, except for the case when the performance of duties of a direct the head (chief) during his absence is provided for by the official regulations (job description) of the employee.
Monetary allowance to an employee of the internal affairs bodies, temporarily acting on a position in the internal affairs bodies in accordance with this article, is paid in the manner prescribed by part 22 of article 2 of the Law "On Social Guarantees"
In addition, in connection with official necessity, by decision of the authorized head, an employee of the internal affairs bodies may, without dismissal from the occupied position in the internal affairs bodies and his consent, be involved in the performance of duties in another position not provided for by the job regulations (job description), for a period of up to one months during a calendar year with the payment of an official salary not lower than for the position being occupied.
On the basis of clause 64 of the Procedure, an employee who is duly entrusted with the temporary performance of duties in another position is paid monetary allowance based on the official salary for the temporarily occupied position, but not less than the official salary for the main position, taking into account additional payments established for him in the main position. positions in the following cases:
- imposing duties on a higher position on an employee with his simultaneous release from performing duties on a substituted position or without it;
- attraction of an employee to the performance of duties in a different position, without dismissal from the position being replaced.
The official salary in these cases is established by the order of the head.
For the period of combining duties in another position within the same division, employees are given an additional payment.
In accordance with paragraph 67 of the Procedure, the amount of the additional payment is determined by the order of the head, depending on the volume and content of duties for a combined position assigned to a particular employee. The total amount of additional payment for combining duties during a full calendar month cannot exceed the monthly salary in accordance with the combined position, including when two or more employees combine duties.
On January 1, 2012, a law came into force introducing a new system of monetary allowance for police officers.
In this regard, the procedure for providing the specified allowances has been revised.
The latter consists of an official salary and a special rank salary, which form a monetary salary, as well as monthly and other additional payments.
Monetary allowance is paid on the basis of the order of the head of the body (departmental institution) on the appointment of an employee to a position, placing him at the disposal or secondment, leaving him in the staff of the Ministry of Internal Affairs of Russia.
Monetary allowance for the current month is transferred 1 time in the period from the 20th to the 25th. It can be paid in advance when an employee leaves for a business trip, vacation, or to a new duty station.
There are monthly bonuses for work experience (length of service), qualification rank, special conditions of service, risk, for working with state secrets, ciphers, etc.
Monthly bonuses have been established for conscientious performance of official duties and one-time bonuses for the successful completion of particularly complex and important tasks.
Additional payments are also due for work in areas with adverse climatic or environmental conditions.
Separately, the issues of monetary allowance for doctoral students, adjuncts, students and cadets are regulated, during vacations and being at disposal, when combining duties, upon dismissal from the Department of Internal Affairs and in the event of the death of an employee, for part-time work. The procedure for remuneration of interns and the provision of material assistance is regulated.
Normative acts that previously regulated the issues of monetary allowance for police officers were declared invalid.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Registration N 28315
This Order shall enter into force 10 days after the date of its official publication.
Expand
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65
"On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
With changes and additions from:
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" * - I order:
Approve:
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia**, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created in order to fulfill the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
Control over the implementation of this order shall be entrusted to the Deputy Ministers responsible for the activities of the relevant departments.
______________________________
* Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, art. 6407; No. 49, Art. 7020; 2012, N 53, art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, Art. 2929; No. 45, art. 6152; 2015, N 48, art. 6681.
** With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Registration N 28315
validEdition dated 31.01.2013 detailed information
| Document name | ORDER of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 N 65 "ON APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCE FOR EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION" |
| Document type | order, order |
| Host body | Ministry of Internal Affairs of the Russian Federation |
| Document Number | 65 |
| Acceptance date | 28.05.2013 |
| Revision date | 31.01.2013 |
| Registration number in the Ministry of Justice | 28315 |
| Date of registration in the Ministry of Justice | 06.05.2013 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation"<1>I order:
<1>Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, art. 6407; No. 49, Art. 7020; 2012, N 53, art. 7608.
Approve:
1.1. The procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation (Appendix N 1).
1.2. List of normative legal acts of the Ministry of Internal Affairs of Russia and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (Appendix No. 2).
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia<1>, territorial bodies of the Ministry of Internal Affairs of Russia, educational institutions, research, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to perform tasks and exercise powers, assigned to the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
<1>With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65
"On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
With changes and additions from:
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" * - I order:
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia**, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created in order to fulfill the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
3. To impose control over the implementation of this order on the Deputy Ministers responsible for the activities of the relevant units.
Information about changes:
* Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, art. 6407; No. 49, Art. 7020; 2012, N 53, art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, Art. 2929; No. 45, art. 6152; 2015, N 48, art. 6681.
Registration N 28315
In this regard, the procedure for providing the specified allowances has been revised.
The latter consists of an official salary and a special rank salary, which form a monetary salary, as well as monthly and other additional payments.
Monetary allowance is paid on the basis of the order of the head of the body (departmental institution) on the appointment of an employee to a position, placing him at the disposal or secondment, leaving him in the staff of the Ministry of Internal Affairs of Russia.
Monetary allowance for the current month is transferred 1 time in the period from the 20th to the 25th. It can be paid in advance when an employee leaves for a business trip, vacation, or to a new duty station.
There are monthly bonuses for work experience (length of service), qualification rank, special conditions of service, risk, for working with state secrets, ciphers, etc.
Monthly bonuses have been established for conscientious performance of official duties and one-time bonuses for the successful completion of particularly complex and important tasks.
Separately, the issues of monetary allowance for doctoral students, adjuncts, students and cadets are regulated, during vacations and being at disposal, when combining duties, upon dismissal from the Department of Internal Affairs and in the event of the death of an employee, for part-time work. The procedure for remuneration of interns and the provision of material assistance is regulated.
Normative acts that previously regulated the issues of monetary allowance for police officers were declared invalid.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
This Order shall enter into force 10 days after the date of its official publication.
This document has been modified by the following documents:
The changes come into force 10 days after the day of the official publication of the said order.
© NPP GARANT-SERVICE LLC, 2018. The GARANT system has been produced since 1990. The Garant company and its partners are participants Russian Association legal information GUARANTOR.
Order 65 of the Ministry of Internal Affairs of 2013
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ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
On amendments to the Order of the Ministry of Internal Affairs of the Russian Federation dated January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Amend the order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation" in accordance with the attached List.
Minister - General of Police of the Russian Federation
List of amendments to the Order of the Ministry of Internal Affairs of the Russian Federation dated January 31, 2013 No. 65 "On Approval of the Procedure for Providing Monetary Allowance to Employees of Internal Affairs Bodies of the Russian Federation"
1.1. Footnote 1 to the preamble of the order shall be supplemented with the words “; 2013, no. 27, art. 3477; No. 48, Art. 6165; 2014, No. 22, Art. 2770; No. 23, art. 2929; No. 45, Art. 6152; 2015, No. 48, Art. 6681".
1.2. Paragraphs 2 and 3 shall be stated as follows:
"2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and units created to perform tasks and exercising the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
3. Control over the implementation of this order shall be entrusted to the Deputy Ministers responsible for the activities of the relevant departments.”.
2.1. Footnote 2 to paragraph 1 after the words “Art. 7608" supplement with the words "; 2013, no. 27, art. 3477; No. 48, Art. 6165; 2014, No. 22, Art. 2770; No. 23, Art. 2929; No. 45, Art. 6152; 2015, No. 48, Art. 6681".
2.2. Paragraph 2 shall be stated in the following wording:
base.spinform.ru
On changes to the order of the Ministry of Internal Affairs of Russia No. 65 - 2013
Changes have been made to the Procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65.
The list of cases where the payment of monetary allowance for the current month is made earlier than the period from the 20th to the 25th day has been supplemented - this is a payment to a dismissed employee on the last day of service.
It has been established that a one-time incentive in the amount of 5 monthly salaries will be paid to employees who are awarded not only orders of the Russian Federation and medals of the Russian Federation, but also the distinction - the St. George Cross.
The procedure for providing material assistance to employees is regulated in more detail.
Thus, the changes made are as follows.
By the decision of the head, material assistance in the amount of one salary of the monetary content established on the day the payment is made is provided annually when the employee leaves for the main vacation or at other times according to the report of the employee. If during the calendar year the employee did not apply with a report on the payment of financial assistance to him for the current year, then material assistance in the amount of one salary of the monetary content established on the day of the payment is provided to him on the basis of the order of the head in December of the current year.
Within the limits of the funds allocated for monetary allowance, an employee, on the basis of his reasoned report and the order of the head, may be provided with additional material assistance in the event of:
death (death) of a spouse (spouse), father (mother) of a spouse (spouse), close relatives (relatives in direct ascending and descending lines (parents and children, grandfathers, grandmothers and grandchildren), full-blooded and half-blooded (having a common father or mother) brothers and sisters;
need of his and (or) wife (spouse), father (mother) spouse (spouse), as well as other above-mentioned persons related to close relatives, in specialized, including high-tech, medical care on the basis of medical certificates, conclusions or other documents confirming the impossibility of providing the necessary types of medical care free of charge in the state or municipal health care system, as well as compensation for treatment in established cases upon presentation of documents confirming expenses (copies of the contract for the provision of relevant medical services, cash receipts, receipts);
loss or damage to property as a result of a natural disaster, fire, theft, accidents in water supply, heating systems and other unforeseen circumstances upon provision of certificates from the relevant local authorities, internal affairs, fire service and other authorized bodies, copies of which are attached to the report;
birth of a child (adoption) by an employee upon presentation of a birth certificate, a copy of which is attached to the report;
if there are other valid reasons (in cases of special need), confirmed by documents.
kushva-online.ru
Order of the Ministry of Internal Affairs of the Russian Federation of April 19, 2010
Based on the results of the verification, the notification and all materials can be transferred to the prosecutor's office. If the information provided is not confirmed, the specified documents are sent to the unit that carries out office work. They are stored there for 5 years.
* Collection of Legislation of the Russian Federation, 2008, N 52, art. 6228.
In accordance with Part 5 of Article 9 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" * - I order:
See the certificate on the procedure for notifying the representative of the employer (employer) about the facts of treatment in order to induce a state or municipal employee to commit corruption offenses
2. Heads of departments of the central apparatus of the Ministry of Internal Affairs of Russia, heads of territorial bodies of the Ministry of Internal Affairs of Russia, departments of logistics, scientific, educational and medical organizations, bases (warehouses) for storing resources of the Ministry of Internal Affairs of Russia, to ensure familiarization of employees of internal affairs bodies, federal state civil servants replacing positions public service in the system of the Ministry of Internal Affairs of the Russian Federation, with this order and the implementation of its requirements.
Order of the Ministry of Internal Affairs of the Russian Federation of April 19, 2010 N 293
“On Approval of the Procedure for Notification in the System of the Ministry of Internal Affairs of Russia of the Facts of Appeals for the Purpose of Inducing the Commitment of Corruption Offenses”
The notification is submitted directly to the representative of the employer (employer) during a personal reception or through the unit that carries out office work. In exceptional cases (when not on duty or outside the duty station), it can be sent by mail, fax or information systems common use.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013
Additional payments are also due for work in areas with adverse climatic or environmental conditions.
On January 1, 2012, a law came into force introducing a new system of monetary allowance for police officers.
3. To impose control over the implementation of this order on the Deputy Minister, Major General of Police A.A. Gostev.
44. Employees with a higher legal education and filling positions, the main duties of which include conducting a legal examination of legal acts and draft legal acts, preparing and editing draft legal acts and signing them as a lawyer or executor, are paid a monthly allowance in the amount of up to 50 percent of the official salary * (30) depending on the volume and complexity of legal examinations of legal acts and draft legal acts carried out by employees, work on the preparation and editing of draft legal acts. The legal premium is set:
8. When an employee performs official duties on a part-time basis, the amount of monetary allowance is determined in proportion to the established length of service time * (4).
39. The order of the head to pay bonuses to employees from among cadets and students (except for deputy platoon commanders, squad commanders, as well as students of the Academy of Management of the Ministry of Internal Affairs of Russia) is issued twice a year based on the results of an intermediate or final state certification, educational or pre-graduation practice (with a personal list, an indication of the amount of the premium), taking into account paragraphs 31-32 of this Procedure.
** With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
23. The bonus to the official salary for performing tasks associated with increased danger to life and health in peacetime * (21) is paid in the amount of up to 100 percent of the official salary in the manner determined by the Government of the Russian Federation * (22).
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia**, territorial bodies of the Ministry of Internal Affairs of Russia, educational institutions, research, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and subdivisions created to fulfill the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
33.7. Submission by an employee of forged documents or knowingly false information when entering the service in the internal affairs bodies, as well as the submission by an employee during the period of service in the internal affairs bodies of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of the conditions for replacing the corresponding positions in internal affairs bodies, if this does not entail criminal liability.
20. The list of positions of employees, upon replacement of which an allowance is paid for special conditions of service, and the amount of allowances for these positions in relation to the functions and tasks performed by the relevant units in which employees serve, are established by order of the Ministry of Internal Affairs of Russia dated December 19, 2011 No. 1259 "On approval of the List of positions of employees of the internal affairs bodies of the Russian Federation, upon substitution of which a monthly allowance is paid for special conditions of service, and the amount of the allowance for these positions" (registered with the Ministry of Justice of Russia on January 13, 2012, registration No. 22904), subject to changes made orders of the Ministry of Internal Affairs of Russia dated April 2, 2012 No. 301 (registered with the Ministry of Justice of Russia on June 7, 2012, registration No. 24493), dated June 25, 2012 No. 625 (registered with the Ministry of Justice of Russia on August 3, 2012, registration No. 25101) and dated October 16, 2012 No. 943 (registered with the Russian Ministry of Justice on December 11, 2012, registration No. 26080).
Order of the Ministry of Internal Affairs of Russia dated February 14, 2017
carrying out operational-search activities within the framework of the implementation of operational-search activities;
38. In preparation for a business trip, seconded employees develop a work assignment.
100. If there is a mark “refused to stay in the presence of free places” in the travel certificate or if there are no supporting documents, the expenses for renting a dwelling are reimbursed to employees in the amount established by the Government of the Russian Federation * (37).
84. In the event of a mass arrival of seconded employees (to participate in a collegium, meeting, seminar, conference and other events), registration is carried out according to the lists attached to the relevant journals.
45. The immediate supervisor of the employee sent on a business trip ensures his readiness to perform the assigned tasks, monitors the preparation of the assignment, organizes support for the work of the employee on a business trip, timely submission and quality of execution of the final documents.
49.1.1. Legislative and other regulatory legal acts of the Russian Federation regulating the sphere of internal affairs, regulatory legal acts and other guiding documents of the Ministry of Internal Affairs of Russia related to the tasks of departure.
participation in the protection of public order and ensuring public safety during events with mass participation of citizens;
78. Unfilled forms of travel certificates are prohibited from signing.
unscheduled business trips, which are allowed in exceptional cases, requiring the adoption of urgent measures to solve the tasks assigned to bodies, organizations, departments;
juridicheskij.ru
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 (as amended on August 29, 2016) “On approval of the Procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation” (Registered in the Ministry of Justice of Russia on May 06, 2013 N 28315)
MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
ON THE APPROVAL OF THE ORDER
PROVISION OF MONEY ALLOWANCE FOR EMPLOYEES OF AUTHORITIES
OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" I order:
Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, art. 6407; No. 49, Art. 7020; 2012, N 53, art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, Art. 2929; No. 45, art. 6152; 2015, N 48, art. 6681.
1.1. The procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation (Appendix N 1).
1.2. List of normative legal acts of the Ministry of Internal Affairs of Russia and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (Appendix No. 2).
2. Heads of subdivisions of the central apparatus of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to carry out tasks and exercise of the powers assigned to the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Minister
police lieutenant general
V. KOLOKOLTSEV
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65
"On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
With changes and additions from:
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" * - I order:
1.1. The procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation (Appendix N 1).
1.2. List of normative legal acts of the Ministry of Internal Affairs of Russia and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (Appendix No. 2).
Information about changes:
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia**, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created in order to fulfill the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
Information about changes:
3. To impose control over the implementation of this order on the Deputy Ministers responsible for the activities of the relevant units.
Information about changes:
* Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, art. 6407; No. 49, Art. 7020; 2012, N 53, art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, Art. 2929; No. 45, art. 6152; 2015, N 48, art. 6681.
** With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Registration N 28315
On January 1, 2012, a law came into force introducing a new system of monetary allowance for police officers.
In this regard, the procedure for providing the specified allowances has been revised.
The latter consists of an official salary and a special rank salary, which form a monetary salary, as well as monthly and other additional payments.
Monetary allowance is paid on the basis of the order of the head of the body (departmental institution) on the appointment of an employee to a position, placing him at the disposal or secondment, leaving him in the staff of the Ministry of Internal Affairs of Russia.
Monetary allowance for the current month is transferred 1 time in the period from the 20th to the 25th. It can be paid in advance when an employee leaves for a business trip, vacation, or to a new duty station.
There are monthly bonuses for work experience (length of service), qualification rank, special conditions of service, risk, for working with state secrets, ciphers, etc.
Monthly bonuses have been established for conscientious performance of official duties and one-time bonuses for the successful completion of particularly complex and important tasks.
Additional payments are also due for work in areas with adverse climatic or environmental conditions.
Separately, the issues of monetary allowance for doctoral students, adjuncts, students and cadets are regulated, during vacations and being at disposal, when combining duties, upon dismissal from the Department of Internal Affairs and in the event of the death of an employee, for part-time work. The procedure for remuneration of interns and the provision of material assistance is regulated.
Normative acts that previously regulated the issues of monetary allowance for police officers were declared invalid.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Registration N 28315
This Order shall enter into force 10 days after the date of its official publication.
This document has been modified by the following documents:
The changes come into force 10 days after the day of the official publication of the said order.
The changes come into force 10 days after the day of the official publication of the said order.
© NPP GARANT-SERVICE LLC, 2018. The GARANT system has been produced since 1990. Garant Company and its partners are members of the Russian Association of Legal Information GARANT.
Order 65 of the Ministry of Internal Affairs of the Russian Federation of 31012013
Federal Law No. 342-FZ of November 30, 2011 “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”.
- Federal Law No. 247-FZ dated July 19, 2011 “On Social Guarantees for Employees of Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”.
- Order of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
- Order of the Ministry of Internal Affairs of the Russian Federation of February 20, 2012 No. 106 “On the size of the allowance for the official salary of employees of the Internal Affairs Directorate of the Russian Federation for performing tasks associated with an increased danger to life and health in peacetime, and approving the list of individual positions of employees of the Internal Affairs Directorate of the Russian Federation, upon replacement of which an allowance is established ... ".
- Order of the Ministry of Internal Affairs of the Russian Federation of December 19, 2011 No. 1258 "On approval of the procedure for establishing incentive payments for special achievements in the service of employees of the internal affairs bodies of the Russian Federation"
- Order of the Ministry of Internal Affairs of the Russian Federation of December 19, 2011 No. 1259 “On approval of the list of positions of internal affairs officers, upon substitution of which monthly allowances are paid for special conditions of service, and the amount of the allowance for these positions.”
- Order of the Ministry of Internal Affairs of Russia dated August 27, 2008 No. 751 "On measures to implement the Decree of the Government of the Russian Federation dated August 5, 2008 No. 583".
What is included in the monetary allowance of employees of the internal affairs bodies of the Russian Federation?
The monetary allowance of police officers consists of an official salary and a salary for a special rank, which constitute a salary, monthly and other additional payments.
Official salaries and additional payments to employees are established and changed by order of the head, indicating the grounds and specific amounts for each employee and are paid from the date determined by this order, and if the date is not specified, then from the date of its signing (clause 3 of Order No. 65). Payment of monetary allowance to employees for the current month is made once in the period from the 20th to the 25th day (clause 4 of Procedure No. 65).
What monthly additional payments does a police officer receive?
1. Seniority bonus. It is established in accordance with paragraph 7 of Art. 2 of Law No. 247-FZ, in the amount approved by paragraph 14 of Order No. 65.
The seniority allowance is calculated from salary salary.
2. Supplement for a qualifying title set as a percentage of official salary in accordance with clause 9, article 2 of Law No. 247-FZ, clause 17 of Order No. 65.
3. Supplement for special conditions of service to the official salary is set in the amount of up to 100% of the official salary in accordance with the List of positions of employees established by Order of the Ministry of Internal Affairs of Russia dated December 19, 2011 No. 1259 (clause 20 of Procedure No. 65).
If an employee is entitled to receive special accommodation allowances for more than one reason in accordance with the Schedule of Special Conditions of Service, they are added together. The total allowance for special conditions cannot exceed 100% of the employee's official salary (clause 19 of Procedure No. 65).
4. Surcharge for secrecy. Clause 21 of Procedure No. 65 establishes that an employee admitted to state secrets on an ongoing basis is paid a monthly bonus to the official salary for working with information constituting a state secret, in the amount of up to 65%, depending on the degree of secrecy of the information to which he has access .
5. Payments for achievements in the service. According to paragraph 22 of Order No. 65, incentive payments for special achievements in the service are established according to the rules and in the amounts determined by Order of the Ministry of Internal Affairs of Russia dated December 19, 2011 No. 1258.
I remind you that special achievements in the service imply that employees have a scientific degree, honorary titles of the USSR, the Russian Federation, sports titles (sports categories), awards of the USSR, the Russian Federation, the Ministry of Internal Affairs (medals, orders). This payment is also provided for a number of leadership positions institutions of the Ministry of Internal Affairs.
6. Risk premium. This bonus to the official salary for performing tasks associated with an increased danger to life and health in peacetime (clause 23 of Order No. 65).
Decree of the Government of the Russian Federation of December 24, 2011 No. 1122 determines the procedure for its payment. Order of the Ministry of Internal Affairs of Russia dated February 20, 2012 No. 106 determined the size of the allowance and approved the List of positions of employees of the internal affairs bodies of the Russian Federation, upon replacement of which an allowance is paid to the official salary for performing tasks associated with an increased danger to life and health in peacetime.
7. Awards for conscientious performance of official duties.
In accordance with paragraph 12 of Art. 2 of Law No. 247-FZ, employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries per year (clause 25 of Procedure No. which is being paid.
Within the limits of the funds provided for the payment of monetary allowance, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses. The decision to pay a one-time bonus is drawn up by order of the head (clauses 34, 35 of Procedure No. 65).
What other payments can be made?
Legal surcharge paid With employees with a higher legal education and filling positions, the main duties of which include legal expertise of legal acts and draft legal acts, preparation and editing of draft legal acts and their endorsement as a lawyer or executor, are paid a monthly allowance of up to 50% official salary, depending on the volume and complexity of legal examinations of legal acts and draft legal acts carried out by employees, work on the preparation and editing of draft legal acts (clause 44 of Procedure No. 65).
Bonus for length of service in structural divisions for the protection of state secrets determined by clause 45 of Order No. 65.
Encryption bonus determined by clause 46 of Order No. 65.
When paying an allowance, it is necessary to take into account the total length of service in encryption work, which includes the time spent working with ciphers in the encryption service of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, institutions and organizations, regardless of their organizational and legal form.
The basis for the payment is the order of the head indicating the total length of service in encryption work.
One time promotion. Employees are paid a one-time incentive in the following amounts (clause 47 of Procedure No. 65):
- with the encouragement of the Government of the Russian Federation - one salary salary;
- with the encouragement of the President of the Russian Federation - two;
- when conferring honorary titles of the Russian Federation and awarding insignia of the Russian Federation - three;
- when awarding orders and medals of the Russian Federation (with the exception of anniversary ones) - five;
- when awarded with a sign of special distinction - the Gold Star medal - ten.
When calculating the average monthly allowance, one should be guided by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the features of the procedure for calculating the average wages».
The calculation of the average earnings of an employee, regardless of the mode of his work, is based on the wages actually accrued to him and the time actually worked by him for the 12 calendar months preceding the period during which the employee retains the average wage. In this case, the period from the 1st to the 30th (31st) day of the corresponding month, inclusive, is considered a calendar month.
The average number of employees (employees) per month is determined by summing the number of employees on the payroll for each calendar day of the month, that is, from the 1st to the 30th or 31st (for February - to the 28th or 29th), including holidays (non-working) and weekends, and dividing the amount received by the number of calendar days of the month (clause 78 of the instructions of the order of Rosstat dated October 28, 2013 No. 428).
In order to properly reflect the average headcount in the 3-OB report, as well as the monthly form No. 501, we have decided that starting from 01/01/2015, we will calculate the average headcount in accordance with the established form, thereby eliminating the possibility of incorrect indicators in reporting.
What is not included in the average headcount?
When determining the average headcount, some employees on the payroll are not taken into account:
- women who are on additional parental leave until they reach the age of 1.5 and 3 years;
- employees studying in educational institutions, who are on additional leave without pay, as well as entering educational establishments who are on leave without pay to pass the entrance exams.
What is included in the payroll?
The payroll includes employees hired for permanent or temporary work, both actually working and temporarily absent from work for any reason (being on regular, additional, study leave, not showing up for work due to illness, women on leave due to pregnancy, childbirth and child care, etc.)
Employees hired for a part-time job or part-time calendar week, as well as for half of the rate (salary) in accordance with staffing, are taken into account in the payroll for each calendar day as whole units, including non-working weeks due to employment.
Recovery of compensation for overtime work in the system of the Ministry of Internal Affairs of Russia (part No. 2 - the appellate instance)
Recovery of compensation for overtime work in the system of the Ministry of Internal Affairs of Russia
(Part No. 2 - appellate instance)
In Part No. 1, the issue of recovering compensation from the Ministry of Internal Affairs of Russia for overtime work performed by an employee as part of an investigative team was considered. In this article, as a continuation, the issue of determining the amount of such compensation, as well as other significant circumstances, will be considered, taking into account the position of the Novosibirsk Regional Court in a particular case.
The decision of the court, which was mentioned in part No. 1, was appealed by the Ministry of Internal Affairs of Russia, as the arguments of the complaint, the defendant indicated:
- In his opinion, the claims for the recovery of compensation for work in excess of the established normal working hours, on weekends, holidays and at night are not subject to satisfaction, since the employee, who was assigned an irregular working day, was provided as compensation extra days holidays.
- The employee was given a 20% bonus to the official salary for special conditions of service.
- The defendant pointed out that the plaintiff incorrectly calculated the amounts recovered, since the calculation should have been made not on the basis of the provisions of the Labor Code, but on the basis of the provisions of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. which provides that compensation for work on weekends should not be determined in a double amount, as provided by the Labor Code of the Russian Federation, but in a single amount (paragraph 59-61 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65), and compensation at night should be only 20 percent of the hourly rate for each hour of work (paragraph 62 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65).
Plaintiff's objections to the Court of Appeal.
I will not describe the objections to the first paragraph of the arguments of the defendant's complaint, since they were discussed in detail in part No. 1, but I think it is worth describing the objections to the other two arguments, since the appellate board became interested in these arguments, and the judges began to actively ask me why I applied the provisions of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 only in part, indicating the possibility of obtaining compensation (clause 56 of the Order), while calculating the amount of compensation not on the basis of the provisions of this order, but on the basis of the norms of the Labor Code of the Russian Federation, thereby greatly increased its size.
I will say that the appellate instance held three meetings before the decision was made, twice there was a postponement with the wording “we need to think”, at the same time the defendant was asked to provide a counter-calculation, taking into account the provisions of Order No. 65, after which I each time brought written explanations regarding the justification of the stated requirements.
So, let's proceed to the description of my arguments and objections.
- Objections to the defendant's arguments about the establishment of a surcharge of 20% for special conditions of service.
I noted that the reference to the fact of establishing a bonus to the official salary in the amount of 20% for special conditions of service, in connection with which, according to the respondent, the claimant was not entitled to compensation for overtime work, is erroneous.
The bonus to the official salary for special conditions of service is regulated by clause 18 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 and is established in accordance with the List of special conditions of service for employees of the internal affairs bodies of the Russian Federation and the maximum monthly allowance for the official salary for special conditions of service, approved Government of the Russian Federation.
According to Decree of the Government of the Russian Federation of 08.12.2011 No. 1021 “On a monthly allowance to the official salary for special conditions of service for employees of the internal affairs bodies of the Russian Federation”, an allowance of up to 40 percent is established for employees of investigative units for the very fact of serving in these units and not for work beyond the established normal hours of work, at night, on weekends and non-working holidays.
Compensation for work in excess of the established normal length of service time, at night, on weekends and non-working holidays, is established by paragraph 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. and based on the order of the head, instead of providing additional days of rest, monetary compensation may be paid for the performance of official duties in excess of the established normal length of service time, at night, on weekends and non-working holidays.
Accordingly, the Order of the Ministry of Internal Affairs of Russia No. 65 dated January 31, 2013, which regulates the procedure for paying monetary allowance, distinguishes between the legal grounds for paying an allowance for special conditions of service and paying compensation for work in excess of the established normal working hours, at night, on weekends and non-working holidays .
On the basis of the indicated provisions of the law, it follows that the defendant incorrectly interprets the concepts of “irregular working day” and “work in excess of the established normal length of service time”, indicating that the plaintiff was granted an increase in salary and additional leave for overtime work. Based on the above norms of the law, the increase in the official salary to the plaintiff was provided for irregular working hours, and not for overtime work, and these concepts are different legal categories.
- Objections regarding the incorrect calculation of the amount of compensation.
I pointed out that the defendant, referring to the provisions of paragraph 61 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65, does not take into account that this paragraph provides for the payment of compensation for the performance of official duties at night, on weekends and non-working holidays according to the shift schedule within the normal working hours for the accounting period, in turn, the plaintiff performed official duties in excess of the established limits of the normal length of service time (in excess of the established 40-hour working week, guaranteed by Part 2 of Article 53 of the Federal Law of November 30, 2011 No. 342-FZ). Thus, the compensation required by the plaintiff is regulated by paragraph 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65, to which the court of first instance referred, satisfying the requirements.
At the same time, the calculation of the recoverable amounts made by the court of first instance is correct, since the amount of compensation for work at night, on weekends and holidays should be determined at a double rate. The plaintiff's side comes to this conclusion on the basis of an analysis of the current legislation governing the rights of an employee.
So, according to part 3 of Art. 37 of the Constitution of the Russian Federation proclaims that everyone has the right to remuneration for work without any discrimination. In accordance with Part 2 of Art. 3 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” it follows that in cases not regulated by the regulatory legal acts of the Russian Federation, legal relations related to the service in the internal affairs bodies, the norms of labor legislation are applied.
Labor law regulates that overtime is paid for the first two hours not less than one and a half, and for the following hours - at least double. According to Art. 153 of the Labor Code of the Russian Federation - work on a weekend or non-working holiday is paid not less than double.
Federal Law No. 342-FZ of November 30, 2011 “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, defining the category of overtime work (part 6 of article 53), does not determine the procedure for its payment, respectively in this part, the rules of the Labor Code of the Russian Federation should be applied. No departmental orders can infringe on the guarantees provided to the employee related to the amount of wages, in comparison with the guarantees established by the Labor Code of the Russian Federation. The Labor Code in terms of legal force is an act that prevails over the orders of the Ministry of Internal Affairs of Russia, and accordingly, when calculating the amount of payment for overtime work on weekends, at night, the provisions of the Labor Code of the Russian Federation should be applied.
Considering that the work performed by the plaintiff as part of the investigative-operational group was overtime for him, specified work the plaintiff carried out on weekends, including at night, payment for such work cannot be made less than double the amount, since otherwise his rights guaranteed by labor legislation and the Constitution of the Russian Federation will be infringed.
Summary of the case.
The Court of Appeal, after three sessions, issued a ruling, according to which the decision of the court of first instance was left unchanged, the appeal of the Department of the Ministry of Internal Affairs of Russia was not satisfied.
The appeal ruling in this case can be found here.
17 Comments
Excellent practice, colleague. Bravo!
Thanks for the high rating!
A very detailed summary of the litigation. Thanks for the professionalism! If it’s not difficult for you to answer my question, for what period of service did you manage to sue compensation. The fact is that I have a similar situation, but the court did not recognize overtime earlier than 3 years. What do you think is the right decision? Was the statute of limitations correctly applied if I did not stop serving.
A very detailed outcome of the litigation. Thank you for your professionalism! If it’s not difficult for you to answer my question, for what period of service did you manage to sue compensation. The fact is that I have a similar situation, but the court did not recognize overtime earlier than 3 years. Do you think this is the right decision? Is the statute of limitations applied correctly if I did not stop my service, but after my dismissal I was refused payment of this compensation?
Hello! You received monthly pay slips, and accordingly had the opportunity to apply to the court earlier, therefore, in your case, the court exacted overtime for the specified period (3 years). Such is the logic of judicial practice. At the same time, some courts do not even collect for three years, applying a special limitation period provided for by the Labor Code of the Russian Federation (Article 392 of the Labor Code of the Russian Federation). In your case, the court applied the general limitation period under the Civil Code of the Russian Federation. Congratulations on being able to claim overtime compensation as well. Many police officers are interested in this issue, so it is good that this kind of practice is being formed.
Thanks for the reply, you helped me a lot!
Please. There will be questions, please contact.
Hello! Tell me, please, was there an appeal against the decision in the Supreme Court, did the decision stand?
Hello. The case was not heard in the Supreme Court. After the issuance of the appeal ruling, the court decision entered into legal force and was executed by the Ministry of Internal Affairs.
Congratulations on your win, you are a master of your craft. I wish there were more professionals like you. I also resigned from the Department of Internal Affairs, I was forced to resign, I wrote a letter of resignation on own will. After his dismissal, he wrote a claim for overtime pay for the last three years. Yesterday the court's preliminary decision was announced refusing to satisfy my claim.
Hello. Thanks for the feedback on my work. Try to appeal, you never know what decision can be made at one stage or another of the proceedings.
Hello! Please tell me. In September 2017 I filed a report addressed to the head of the Ministry of Internal Affairs on granting me annual paid leave for over the established normal length of service time, additional days of rest in the amount of 95 calendar days, for daily duty for 2016-2017. At the same time, he provided an order stating that after the duty a day off is provided, as well as a copy of the sentry outfits, a copy of the book of acceptance and delivery of duty, confirming that I was on daily duty. However, the management gave me 17 days, and then only for 2017, explaining that they gave me additional days of rest only for Saturday and Sunday duty. For other days of 2016-2017 They refused to provide me with guidance, arguing that we had an irregular working day, as well as additional days of rest. I did not agree with the decision of the Ministry of Internal Affairs, after which I filed a claim with the court. At the moment, the case is nearing completion, the defendant refers to Part 4 of Art. 72 of the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation". I am trying to prove in court that I found out about my right only in September 2017, and asked the limitation period to be calculated from September 2017, the labor dispute that I started between me and the Department of Internal Affairs to count from October 2017, since in October 2017 . I learned from the management about the refusal to provide me with additional days of rest or monetary compensation for 2016-2017, where they gave me a written refusal, and also made it clear that if the court establishes, only then they will provide me with additional days of rest or monetary compensation. At the preliminary hearings in court, I provided all the documents (order, copies of documents that I was on daily duty, calculation). However, the court, for some reason, does not take into account the evidence I provided. Although the order specifically states “A day off is provided after the daily duty, and nowhere in the order is it written that it is Saturday or Sunday. The court may be trying to leave for the statute of limitations, citing the fact that you knew that there is an order on the basis of which the duty schedule is drawn up. And that allegedly at the end of 2016. when you go on vacation, you must write a report for the provision of additional days of rest or monetary compensation. I am trying to explain in court that according to Part. 2 tbsp. 53 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law “On Service in the Department of Internal Affairs”), as an internal affairs officer, I was 40 hour work week.
In accordance with the provisions of part 5 of Art. 53 of the Law "On Service in the Department of Internal Affairs" it is established that an irregular working day is established for employees of the internal affairs bodies replacing the positions of senior and senior commanding staff. Employees for whom an irregular working day is established are provided with additional leave in accordance with Part 5 of Article 58 of the said Federal Law.
Part 6 of the Law "On Service in the Department of Internal Affairs" determines that an employee of the internal affairs bodies, if necessary, may be involved in the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays in the manner determined by the federal body executive power in the field of internal affairs.
In this case, the employee is compensated in the form of rest of the appropriate duration on other days of the week. If it is impossible to provide such rest during this period, the time of performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the appropriate duration, which, at his request, can be attached to annual paid leave.
At the request of an employee, instead of providing additional days of rest, monetary compensation may be paid to him. At the same time, the payment of compensation is provided for in clause 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On approval of the procedure for providing monetary allowance to employees of the Internal Affairs Directorate of the Russian Federation”.
How can I be in this situation? Please tell me. Since at the beginning of 2018 I'm already in court. Thanks in advance. Your article helped me a lot in order to file a claim.
Hello. The limitation period for resolving a business dispute is calculated from the moment you learned or should have known about the violation of your rights, as a rule, the courts interpret the beginning of this period from the moment you receive pay slips (receipt of salary), if you require additional days for vacation, then I suppose the limitation period must be calculated from the moment when you were denied their provision for the corresponding year (for example, you write a vacation report and ask for additional days for overtime work, but you are denied, from this moment you need to calculate the limitation period). An irregular working day and overtime work are different concepts, I described this in detail in the article in its first part. As for the arguments of the Ministry of Internal Affairs regarding the provision of days of rest for duty on Saturday and Sunday, I met judicial practice when the courts exacted compensation only for the indicated days, while motivating my position that for duty on weekdays, the employee was provided with rest the next day ). In particular, this was the case in my case, about which articles are written on the site.
Great deal.
Can you tell me how long it took to get paid?
(for the last year, two, three or more)
Have you ever had a practice of collecting compensation from the Ministry of Internal Affairs for uniforms?
Hello. The payment was received within the limitation period for this category of disputes - 3 months. There were also requirements for uniforms, but during the consideration of the dispute, the Ministry of Internal Affairs voluntarily satisfied these requirements and in this part we abandoned the claim.
Hello Michael! According to Part 2 of Article 392 of the Labor Code of the Russian Federation - For the resolution of an individual labor dispute about non-payment or incomplete payment of wages and other payments due to the employee, he has the right to apply to the court within one year from the date of the established deadline for payment of these amounts, including in case of non-payment or incomplete payment of wages and other payments due to the employee upon dismissal.
(Part two was introduced by Federal Law No. 272-FZ of July 3, 2016)
That is, this is a special norm allocated in the Labor Code of the Russian Federation. How do you think the law should be applied in this case? What is the statute of limitations for overtime work? He also filed a lawsuit, but there were no meetings yet.
Hello. I have discussed this question many times in responses to comments. The statute of limitations indicated in part 4 of Article 72 of the Federal Law “On Service in the Department of Internal Affairs” is applied, which is 3 months. The Labor Code of the Russian Federation applies only to the part not regulated special laws, in the part you indicated, the issue is regulated by a special law.
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