The Social Insurance Fund requires labor disabled people to return payments scheduled for court

The other day, the bailiffs again came to Vladimir Stepanovich Volnikov. And in the small apartment of the mining city of Tashtagol (Kemerovo region), where Vladimir Stepanovich lives with his wife, the bailiffs described everything to the last nail - a washing machine, a refrigerator, a TV and even a bed.

They gave twenty days to ransom. Vladimir Stepanovich has no choice - if you do not pay, things will be sold at auction. The proceeds will go to the Kuzbass branch of the Social Insurance Fund of the Russian Federation.
The bailiffs come to the disabled not the first time - six months ago, the Volnikovs described the microwave and TV.

But the last visit was special - they visited immediately after the plot of the local television channel, in which the bailiffs saw household appliances, which they did not manage to describe the last time. But all these campaigns are still to no avail - in the year the bailiffs received only 70 thousand rubles from the disabled person. 3.2 million is left. Vladimir Stepanovich says: he never find such money.

Vladimir Stepanovich worked as a driller on the Tashtagol mine for 27 years. At fifty, he retired with a professional disease - a vibrational disease of the II degree (over the years of work, the vibration of the drilling unit has undermined the operation of the nervous system). “Professor was given for life,” says Vladimir Stepanovich. “The disease progresses - he breaks his hands, the joints hurt.” Medical and social examination in 2000 established 30% of the loss of professional disability. The Social Insurance Fund has appointed Svetnikov an insurance payment - 25 thousand rubles per month.

The fund gave - the fund took

The Social Insurance Fund has been paying to the victims of production since January 2000. The funds of this extra -budgetary fund are formed at the expense of enterprises, and the fund is clearly successful in collecting such contributions. In its budget for 2017, a surplus was laid in terms of insurance against accidents and professional saps - 12 billion rubles. But, lawyers note, on the issue of assigning monthly payments to the victims, regional departments of the Foundation demonstrate much more modesty.

According to Irina Fast, the lawyer of the Civil Compensation Lawyer Office, the facts of underpayments by the fund have been identified repeatedly. “People were assigned payments below the one that they had the right to receive by law,” she remarks. - The procedure for calculating payments is confused, a person has several options for choosing a period of earnings, and about 40 different coefficients are applied to these periods. It’s hard to figure it out - as if specially confused. ”

Official statistics, how often people choose a “unprofitable option” of payments, does not exist. Lawyers of “Civil Compensations” give data for 2013-2015. In the four regions - the Republic of Tatarstan, Nizhny Novgorod, Kemerovo and Kirov regions - lawyers counted 2477 victims who doubted that they receive monthly insurance payments in full. In 30% of cases, social strokes appointed people “unprofitable” payments.
According to the law, recalculation can only be made by decision of the courts, which from 2001 to 2015 sided with the victims - tens of thousands of people achieved increased payments. In 2015, the practice changed dramatically - and the precedent became just the case of the Tashtagol Shakhtar Volnonykov.

In the second circle

Vladimir Stepanovich filed a lawsuit against the Tashtagol court of the Kemerovo region, and in April 2014, payments from the Social Insurance Fund were increased - from 27 to 49 thousand rubles a month. The court admitted that for the period from 2000 to 2013, a disabled person is due to 3.3 million rubles, of which a little more than a million - as an indexation. But the Social Insurance Fund continued to fight with Volsnikov, having passed all the authorities up to the Supreme Court. The case was referred to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, which on March 23, 2015, the decision of lower courts canceled and refused Volodymnikov to receive payments in an increased amount.

After that, the Social Insurance Fund appealed to the court with a statement on the turn of the decision. The turn means the return payment of funds if the court decision that has entered into legal force is canceled by higher. All the courts of the Kemerovo region refused to “turn”, and only the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation on November 28, 2016 issued a ruling on the illegality of the refusal of the FSS requirements.

And then the case went in the second round - to the Tashtagolsky city court. This time, the Social Insurance Fund in the Kemerovo region “won” - the disabled person was obliged to return 3.3 million rubles received as a result of recalculation.

Vladimir Stepanovich Holodnikov, Shakhtar, 27 years of experience:
- When a letter came from Moscow - a decision to cancel the payment, I did not believe at first. I think: what is it, a joke or what, in fact? At first they gave, now they are taking it! I contacted a lawyer, she says: this cannot be! Money from the pension is calculated: out of 13 thousand rubles, half is given to me, half is calculated on the debt. I have those money (3.3 million rubles of recalculation. - Ed.) No. I was treated for them, went three times to rest on relatives.

I say the bailiff: "Now, it’s probably easier for me to die." She to me: "What are you!" Debts, he says, will still remain-it is not a decision, he says. The bailiff knows my situation, calls me, asks what has changed. Well, what can change with me? Previously, she constantly imposed arrests - either on retirement, then to accounts. Now I stopped arresting the accounts - but what is the meaning? I reduced everything for myself, cut everything. Already to the resort, apparently, I won’t go - I’ll rest only in the country. If I knew that they would first give me, and then they would take it back, I would not have spent at all. Yes, I would not have received them! The amount, or something, frightened them? Crisis, here is such a thing. But how can I fix the crisis?

- The son of the cottage, the garden - so we live this. We carry clothes only that which was before, we do not buy a new one. We do not buy sweets. We have six grandchildren, and we give a modest gift to them. Some help grandchildren, but we ... cannot.

Here, a new turn

The decision of the Supreme Court became “turning” not only for Vladimir Stepanovich, but also for all people with disabilities, who at one time did not agree to the meager payments established by the Social Insurance Fund. The Volume of Volodymyr served as a signal for the FSS of the Russian Federation, which began to massively apply for turns in all regions where citizens made in their favor the decision was then canceled in cassation.

The lawyer of Alexander Nesterov from Novokuznetsk says that, in addition to Volnonikov, she has three things “with a turn”. The amounts that the disabled should return are from 400 thousand to 3 million. Judicial decisions often lead to tragedies: recently, one of the wards of Nesterova had a stroke.

“I have been doing business since 2007, the main customers are miners,” says Nesterova, adding that she has under insurance payments under her hundred. - Professoring all from hard physical work in the face: vibrational disease, heat loss, dust bronchitis, radiculopathy.

Alexandra Sergeevna is worried - those who she had previously helped increase payments now demand money back: “After the case of Volodynikov, I could not sleep for a week! Well, imagine how bad it was, if so! The budget of the fund is replenished at the expense of the victims from whom the money is taken back. "

"There is nothing to save on ..."

Valentina Shessler is from the village of Rumyantsevo, which is under Nizhny Novgorod. Here, 67 years ago, she was born, from here at twenty she left her husband to Tashkent, returned here when the Soviet Union broke up. Here, along a country road, she went to school in the morning with her sisters, and from fifteen - she worked in a village pharmacy.

Now these ten acres of land, a greenhouse and several beds are the only source of survival. And it is hardly the only place where it becomes easier for her. Valentina has severe bronchial asthma, pulmonary emphysema and pulmonary failure. All diseases are professional.

“I can’t live in a city because of asthma, how the poplar flies, leaving for the village,” says Valentina, meeting a tiny house from the gate of plywood sheets.

While we are drinking tea, the rain is so deafeningly threshing the roof that it seems to be a little more and will smash it to smithereens. The house is miniature: the hallway ends with a room for guests, where only the sofa is placed. The table in the kitchen sticks to the bed, on the other hand, it props a cabinet with medicines.

- We have a whole pharmacy here, two boxes - and iodine, and alcohol, and dressing material are, I'm a doctor. And syringes, and ampoules painkillers, and ammonia, - Valentina lists. He says that “when it grabs”, they come to her from the whole village. She does not refuse anyone. “How many droppers made here,” she remarks.

In Tashkent, Valentina finished courses at the military district hospital and worked as an operating nurse for a quarter of a century.
“I loved my surgery madly, raved about it,” Valentina admits.

In those years, in order to ensure sterility in the operating room, the medical staff treated the room and tools with toxic substances.
“Previously, we prepared the suture material ourselves,” she says. - At first they washed with household soap, then boiled in Sulem (mercury chloride. - Ed.). There was no ventilation. In the operating room - tile walls and floor, we just did not wash them - peroxide, ammonia, chloramine. Washed Lizole (WHO is prohibited as a biological poison. - Ed.). The tools were sterilized in pairs of formaldehyde.

Valentina’s health problems began when she moved to Nizhny Novgorod and got a job in the city hospital on duty nurse - the woman began to choke at work.

“The sanitary and epidemiological station came to the hospital and found that the ventilation almost did not work there,” says Valentina. “This was the last straw.” In 2005, Valentine established a professional -sedimentation and 40% of the disability for life, assigning an insurance payment of two and a half thousand rubles a month. The examination found that problems with the lungs are from the effects of chemistry, which Valentina inhaled for a quarter century, working in the operating room.

Ten years later, she appealed to the Nizhny Novgorod District Court with a claim to increase payments. And - won, the court ordered social strokes to pay 217 thousand rubles by recount, assigning a payment in a larger amount. But a year later, the Supreme Court canceled the decision. A year and a half later, according to the FSS, the Nizhny Novgorod District Court “turned” the decision. But by that time, nothing was left of the fund’s money, says Valentina.

Valentina Shessler, operating nurse, 38 years of experience:
- Look, you see, what hands I have! Before the operation, you wash them first with household soap, then ammonia and put on rubber gloves. And in these gloves you stand in the operating room for several hours.

When the latter is taken from people, this is not a matter. If their treasury is empty, this does not mean that the last penny should be removed from us.
Do you think someone knows that money requires me? I'm not telling anyone. Here the sister knows alone. And no one else: because I am ashamed of our government, ashamed! For our humane Soviet court. That they turned into a circulation. First they gave, and then to pick up. The money has not yet been collected from me, but I can’t give it to me. I have nowhere to take them. There is nothing to save on! Let them subtract from two and a half thousand rubles.

The revision of decisions on social insurance payments is reported by lawyers throughout the country. The Social Insurance Fund, whose regional administrations are plaintiffs in processes against the disabled, did not respond to the request of Novaya Gazeta about how many applications for the return of payments were submitted to the disabled in 2017. We sent a request again.

According to Art. 445 of the Civil Procedure Code of the Russian Federation, in case of cancellation in the cassation of the court decisions, the turn of the decision in some categories of cases is allowed only if the canceled decision of the court was based on the false information reported by the plaintiff or submitted for him.

Along with the salary, pension and alimony, refunds caused by life or health are not subject to return. But the Supreme Court of the Russian Federation ignores this provision - why?

“The Supreme Court made a ruling where he indicated that the victims received not payments for compensation for damage to life and health, but payments on insurance relations,” said lawyer Irina Fast. - And under an exception prohibiting the turn of such cases, they do not fall.

The fight of the collector

The only thing that after the turn was still resolved in favor of a disabled person is the case of Vladimir Sapronov from the eagle. He worked as a collector in the Central Bank storage, in 2006 there were pain in the back, and three years later Vladimir found a professional disease and installed the III disability group.

In 2010, the courts of three instances refused him a surcharge, it was possible to win only four years later. In 2014, the Zavodskoy District Court of the city of Orel decided to return 608 thousand rubles, which Sapronov since 2010 had not received from social insurance. The Fund paid these funds to the disabled person. But the collegium of the Supreme Court in 2015 canceled this decision, and then, as in all such cases, at the request of the Fund, the Supreme Court in June 2016 canceled the decisions of previous instances that refused to turn. The fund began to demand 608 thousand rubles from a disabled person, and the court decided to recover them.

Then there was an amazing one - in November 2016, the territorial administration of the Fund in the Oryol region suddenly abandoned his intention in turning the court decision. The case was terminated, did not have to return social benefits.

Lawyer Sapronov Pavel Kopytov does not exclude that the outcome in the case of his client was positive, because the case reached a complaint to the Presidium of the Supreme Court.

“The fund was forced to make a compromise decision,” he remarks. - After all, if the fund had not done so, then the case could be considered by the Presidium of the Supreme Court, which requested it for study. And in the case of a negative revision of the case, it would become more difficult for the revision of the case, which is clearly not included in the strategic plans of the fund.
Seven long years have passed since the first lawsuit. It is unlikely that such a path is within the power of every disabled person who wants to achieve justice. However, Vladimir Sapronov has his own opinion why social strokes eventually retreated from payments.

- Do you know why they did not take payments? - remarks Vladimir. - I would go to the end. Yes, I would take a loan, but I would go to the authorities with complaints! They just realized that I would go to the end. All these years ... I am sure they looked if I had enough strength and nerves to finish it.

Vladimir Sapronov, collector, 9 years of experience:
- I always did the work at five. I'm used to it: if you work, it means to work. Maybe because of this he broke his back. He worked for the state. The Central Bank came adequate, healthy. Before I was fired from work, the first time I was completely paralyzed in 2004. I dragged gravity. A car will come with a trifle, and eight colleges, and a wagon weighs 64 tons on its unloading. It paralyzed me right there, at work, fell and could no longer get up. Two years later, it was again paralyzed, and in 2009 the legs refused. My spinal disk fell apart, he gave me the spinal cord. But the gold surgeon came across. I'm on my feet, and I would be on the stroller. I was lying on the couch, then believe, no! A man in more than 30 years asked: Lord, let me go on my legs on your own. I was thirty -three then - like Ilya Muromets. Only Ilya Muromets got up, and I fell ill. That is, the chronology with the hero and I turned out to be.

I went around the hospitals, and then they reduced me. Two years revealed a causal relationship between my disease and the fact that payments should pay me. So I became the first collector in Russia to receive a professional sailor. I don’t even want to remember these circles of hell.

Until 2015, the turn of decisions on the payments of the FSS to the victims in production was an exceptional business, said the lawyer of “civil compensation” Alexei Nesterov.

“I have been in jurisprudence for 25 years, I have never encountered this - with turns in this category of cases,” he comments. - The only thing if there was fraud, forgery of documents. In the legal sense, turns exist to protect against crooks that misleads the court. ”

The turn of the decision in the case of a labor disabled person from the village of Tashtagol changed judicial practice, lawyers say. Those who have lost their health in the production no longer run the risk of applying to the courts.

- The ruling of the Supreme Court fundamentally changed the practice. City, district and regional courts began to refuse to increase payments in the bud, ”says Nesterov. - Lawyers who used to work in this direction no longer file claims, are afraid to substitute the client for a return.

Правовая позиция коллегии Верховного суда, усмотревшей в увеличении выплат инвалидам труда «неправильное толкование и применение норм права», — лишь первый шаг к тому, чтобы заставить инвалидов труда по копейке возвращать страховые выплаты, которые они получили годы назад.

Второй шаг делает Фонд социального страхования, подавая иски в суды первой инстанции с заявлениями о повороте исполнения решения судов.

И как показывает дело инкассатора Сапронова, иногда Фонд социального страхования находит в себе силы этот шаг не делать.