State preferences for the people in remote and northern territories of Russia
Автор: Viktor V. Fauzer, Tatyana S. Lytkina, Galina N. Fauzer
Журнал: Arctic and North @arctic-and-north
Рубрика: Economics, political science, society and culture
Статья в выпуске: 29, 2017 года.
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The necessity of special benefits and guaranties for distant territories, and areas of the Far North and equivalent territories, allocated in a special group, aimed at involvement of people and providing the needs of national economy with natural resources are described in the article. The author’s periodization of the legal development of northern benefits and guaranties was presented. The grounds for separating the periods were the years of regionalization of these territories and a set of state preferences granted to the population in different periods. Five stages are highlighted: first — pre-Soviet, tsarist period, when the benefits and guaranties were introduced for distant localities; second stage — 1923–1932, the foundations of the benefit system by territories and branches were laid; third — 1942– 1945, the WWII years, when all benefits were collapsed or cancelled, fourth stage — 1946–1967, recovery of earlier established benefits, introduction the new benefits; fifth stage — 1990–2014, was ordering of benefits and guaranties due to the new economic realities; a part of benefits became a competence of labor law, defined by the Labor Code of the Russian Federation. The authors conclude that the development activities in the northern territories were the main goal of the government, and, therefore, the legal regulation of guaranties and benefits for the employees of the Far North and equivalent for them territories were also a priority. During the 20th century and in the beginning of the 21st century, the benefits for the employees of the Far North and equivalent territories had been repeatedly changed. They were expanded or limited depending on the necessity and opportunities of the state.
The Far North, territories equivalent to the Far North, distant localities, benefits and guaranties, compensation, residents, the steps for introducing benefits and guarantees, labor law
Короткий адрес: https://sciup.org/148318561
IDR: 148318561 | DOI: 10.17238/issn2221-2698.2017.29.90
Текст научной статьи State preferences for the people in remote and northern territories of Russia
Throughout the history of the Russian state, the role of remote or marginal territories was important both in geopolitical and economic terms. Among the marginal territories, a special place was occupied by the northern and eastern regions.
The movement to the North began long ago. Known maritime trips of Novgorodians to the west from the Northern Dvina to the borders with Norway. Originated at the turn of the XVI–XVII centuries. Archangelsk became the first sea port through which Russia was connected with Eng- land and other countries of Western Europe. Bold marches to the east through the "stone" — the Urals — and sailing through the Arctic seas promoted the conquest of Russia by huge northern territories. Russia's greatest interest in the North was during the times of Veliky Novgorod, Ivan IV, Peter the Great, at a time when the young Russian state was spreading its influence on the uninhabited, rich in fish and fur-bearing areas, and was looking for an outlet to the west. In the subsequent period with the founding of St. Petersburg, the interest in Arkhangelsk, separated from the central regions by thousands of miles of impassability, cooled down [1, Slavin S.V., p. 55].
The north was interesting not only to Russia but also to other states. In the IX century. Finns, Swedes, Norwegians and Danes, developing trade, moved to the North along the coast of the Gulf of Bothnia and along the northern coast of Norway.
A special place in the study of marginal / northern subjects is taken by state policy towards indigenous peoples. It was in every country specific, but inherently colonial. The policy of the tsarist Russia regarding the annexation of the North, Siberia and the Far East was also colonial. However, the ongoing colonization policy was aimed at involving indigenous peoples in the economic, political and cultural space of Russia. It should be noted that Scandinavian countries, the USA and Canada also sought to use the northern territories, but unlike Russia, they did not consider the interests of the indigenous people.
In the twentieth century interest in the northern territories has not dried up. In the well-known "Outline of the Plan of Scientific and Technical Works" issued in April 1918, Lenin the task of drawing up a plan for the rational allocation of industry. It provided for the independent supply of the country with its own resources of raw materials and energy. The solution of this problem required, first, a broad study of the natural resources of the country and of the northern and eastern territories that represented the "white spot" in the overwhelming majority.
For the development of vast remote / northern sparsely populated areas people were needed, qualified personnel. This was understood by the tsarist government. It was possible to attract the population to the uninhabited lands with complex natural and climatic conditions by economic incentives. At the end of the nineteenth century a document is adopted to compensate certain categories of working inconveniences associated with living in remote areas: "Regulations on the special advantages of civil service in remote areas, as well as in the provinces of Western and the Kingdom of Poland2". There, for the first time, the privileges and guarantees for certain categories of the population, branches and posts were registered; the list of territories covered by the Regulations was given. It should be emphasized that the main principles for the allocation of territories and the provision of benefits, laid down in the Regulations, were used later in the documents of the Soviet period.
From the first days of Soviet power, the Council of People's Commissars paid much attention to the system of privileges and guarantees for attracting the population to remote areas of the Soviet Union. Based on economic interests and the political situation in the country, privileges and guarantees were selective. Under their influence, individual industries or enterprises, professions or categories of workers were involved. All this solved the local tasks of the Government, but adversely affected the mood of the population of the territories living in the same climatic conditions, but having different levels of income, benefits and guarantees. Among other things, the existing procedure for granting benefits and guarantees for a long time did not concern the local population (especially the rural population), which did not have a positive impact on its relationship with the outgoing population.
The subject of the study is the mechanisms of the right regulation of state preferences to the population working and living in regions classified as or equal to the Far North.
The purpose of the article is to systematize the historical practice of normative and legal encouragement of human economic activity in the extreme conditions of the North and the Arctic of Russia as the basis for substantiating the author's approach to the periodization of the history of the application of state benefits, guarantees and compensations.
The authors of the article do not claim that they were able to analyze all the regulatory legal acts with a regard to benefits and guarantees for the Far North and localities equated to them [2, Fauzer V.V., Lytkina T.S., Fauzer G.N.]. But there is a hope that most of them will become available to a wide range of researchers who have read this article.
We are sincerely grateful to the employees of the Laboratory of Demography and Social Management of the ISE and EPS of the Komi Scientific Center of the Ural Branch of the RAS Goncharenko Anna Viktorovna, Panarina Irina Aleksandrovna and Smirnov Andrey Vladimirovich for assistance in preparing the manuscript for publication.
Periodization of the benefits and guarantees system introduction in the 20th century and the beginning of the 21stcentury
Analysis of the "northern" legislation indicates that the development of the northern regions was the main task of the state, and therefore, the priority was the regulatory regulation of in 16 volumes. Volume 3. Ed. I.D. Mordukhai-Boltovsky. SPb.: Russian Book Partnership "Deyatel", 1912. pp. 330-343. [In Russian]
guarantees and benefits provided to employees of the Far North and localities equated to it. Throughout the twentieth century and in the beginning of the XXI century benefits for workers in the Far North and in areas equated to them, changed several times. In this connection, there are several approaches to the periodization of the history of applying / developing a system of benefits and guarantees for northern (marginal / remote) territories.
So, to understand the history of the development of legislation on the local benefits, A.I. Ivanov conditionally divided it according to the level of economic development of the socialist state and the content of the legislation itself for three periods. The first: from 1923 to 1932 (i.e., from the adoption of the decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR "On benefits for business people sent to work in remote areas of the RSFSR" of July 25, 1923 and until the law on northern benefits were allocated to a separate group and began to exist independently). The second one: from 1932 to 1960 — this period includes the pre-war time, the time of suspension of the law on northern benefits regarding the Great Patriotic War that began and the post-war period before the introduction of the current legislation. The third period: from 1960 to the early 1990s. This division follows from the prehistory and history of the development of the legislation on northern benefits, therefore, its historical description is given by periods [3, Ivanov A.I., p. 6].
According to Kozlova T.A., the development of legislation on benefits to employees of the Far North and equated localities passed several stages, each of which had its own characteristics. It identifies four stages: 1) the period from 1917 to 1940; 2) the period of the prewar period and the Great Patriotic War; 3) the third period covers a much longer period and coincides in calendar terms with the end of the Great Patriotic War (1945) and ends in 2004; 4) the last, the fourth stage, is the modern period of the development of legislation (from 2004 onwards) [4, Kozlova T.A., pp. 34–52].
In the scientific literature there is another periodization. For example, Khaldeeva, N.V. Periodization was determined on the basis of the following criteria: from 1922 to 1931, during this period the foundations were laid for the allocation of individual areas with special legal regulation in the territory of the country; from 1932 to 1991 inclusive, in connection with the intensive improvement of regulatory regulation in the RSFSR and the USSR; from 1992 to the present — a period characterized by the development of new approaches to the regulation of labor relations in the regions of the Far North. This division allows us not only to see the dynamics of the development of special norms and to follow the state's position regarding the definition of areas with special legal regulation, but also to show the objective grounds for differentiation in different periods of national history, establishing the influence of special labor law norms on the formation of labor potential in working conditions, which differ from normal ones [5, Khaldeeva N.V., p. 61].
The system of benefits established for civil servants in remote areas of tsarist Russia
To assess the benefits and guarantees established by the Soviet government in the early 1920s, it is necessary to consider in more detail the benefits and guarantees introduced by the tsarist government for remote areas, legislated in the "Provision on special advantages ...", which covered a wide range of territories and the list of positions for which they were distributed3.
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1. Separate benefits extended to persons of only a certain gender. Thus, special benefits of the civil service were enjoyed by female employees serving in the postal and telegraph offices in remote areas and in the provinces of the Kingdom of Poland. They were granted the following privileges: 1) run-in money at a reinforced cost; 2) benefits for recovery and establishment; 3) increases to salaries; 4) benefits for the service of decades; 5) leave on preferential terms and 6) pension benefits, at the same time, the terms established for long-term pensions and lump-sum benefits, they were not reduced.
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2. The sectoral approach was also traced. The Regulation noted that special privileges are used in all branches of the state civil service, except for the Ministry of the Imperial Court, both civilians and military officials holding civilian positions, if they are summoned or transferred in remote areas to serve from provinces or regions not adjacent to them and to those that are not recognized as remote.3. There was a separation of benefits, which only applied to the employed servants and only to employees from among the local natives. For example, from persons summoned or transferred to the service to remote areas, special advantages were not granted to the natives of the locality to which they are designated, except for: 1) those who received higher education; and 2) those natives of the remote area who stayed outside of it not less than ten years in a row before entering there for service. However, the note clarifies that persons summoned, appointed or transferred to the places where the greatest advantages are provided, do not use them only if they belong to the number of natives of that locality where they are determined.
According to the Regulations, special benefits were provided to all employees, regardless of where and to what posts they were appointed and comprised: 1) run-in money in a reinforced amount; 2) benefits for recovery and establishment; 3) additions to salaries; 4) benefits for decades of service; 5) allowances for the upbringing of children; 6) leave on preferential terms; 7) pension benefits; 8) family benefits for persons who died in the service.
Particularly worthy of attention is article 30, which deals with the upbringing of children. It notes that for the education of children by persons who served in remote areas, without distinction from newcomers from residents, approved state scholarships in educational institutions of both civil and military departments based on special regulations on this subject. Moreover, visiting officials serving in the areas indicated in note 1 to article 1 are provided for each son or daughter after reaching the age of nine: 1) running money for two horses to be taken to the nearest educational institution corresponding to their age and knowledge; 2) before they enter an institution for public maintenance, an annual allowance for students in educational institutions: higher education — three hundred and sixty rubles, secondary education — two hundred and forty, and lower ones — one hundred and twenty rubles. If the children are brought up with their parents or in their places of residence, the allowance is made: up to a thirteen-year-old age — at the rate of one hundred rubles, and from the designated age to eighteen years — one hundred and fifty rubles a year.
The tsarist government paid special attention to the provision of pensions for employees working in unfavorable conditions. Article 34 states that pensions and one-off benefits for employees in remote regions, as well as their families, are appointed on the basis of the Pension Statute with a reduction in pension terms, and in some localities — and with an increase in the salaries of pensions for those receiving them under the General Pension Charter for the following grounds: 1) in the areas indicated in note 1 to article 1, two days of service are considered as three, and the size of the pension is increased by three divisions (grade or degree); 2) in the remaining parts of the Amur governor general, in the Trans-Baikal region and in the Turkestan general-governorship (except for the Semirechenskaya oblast), three days of service are counted as four, and the size of the pension is increased by two sub-divisions; 3) in the remaining parts of the Irkutsk Governor-General, the Tobolsk and Tomsk provinces, as well as in the Steppe GovernorateGeneral and in the Semirechye region, three days of service are counted for four, and 4) in the Ural and Turgai regions, as well as in Article 1 Northern Caucasus and Transcaucasia, as well as in the Pinega, Onega and Kholmogory districts of the Arkhangelsk province, in the Povenets and Pudozh uyezds of Olonets province and in the Yarensky and Ustysysol districts of the Vologda province, four days of service are counted for five.
In no normative legal act of the USSR, and now in Russia, there is no such privilege as was prescribed in Article 38. The family of a person who died in the service in the remote region (widowed and unmarried daughters, as well as sons under the age of seventeen) , are issued inseparably, irrespective of the pension or a lump sum, on the basis of articles 34 and 37: 1) running money for the class of office occupied by the deceased, in a double or one and a half amount, according to Article 8, to the place from which it was originally called or transferred to the service in a remote area ay, and 2) allowance — in the amount of the salary of his salary.
As you can see, the list of benefits covered almost all aspects of life of state employees working in remote areas. This Regulation and other normative-legal acts were aimed not at attracting employees to these remote regions, but for compensating for the severity of the climate and the inconvenience of life activities associated with the isolation from the "center" and the "mainland". The disadvantage of this provision was that it concerned only government employees, that is, it had a selective character.
Benefits and guarantees established for those working in the Far North in 1923–1932
The first legal act on the granting of certain northern privileges was the Decree of the AllRussian Central Executive Committee and the Council of People's Commissars of the RSFSR of July 25, 1923, "On Benefits for Workers Committed to Work in Remote Locations of the RSFSR"4. This document provided for a short-term business trip, but the direction of an employee to a remote location for permanent work. The decree established the following list of benefits applicable to all persons newly appointed or transferred to permanent work in remote areas: 1) payment of compensation in an increased amount when transferring to work in remote areas; 2) payment of expenses for travel to the place of former residence in case of dismissal due to illness or the result of a mutilation; 3) wages at double tariff rates during the first three months; 4) benefits when leaving.
The following privileges were additionally established for persons holding managerial positions in the state apparatus, economic institutions, and specialists: payment of a lump sum in the amount of three months' wages after three years of work; free education of children in educational institutions and free travel to their parents' place of residence twice a year during the holidays (if the employee has worked in remote areas for at least three years); additional paid threemonth leave after five years of work; the right to a scientific mission after five years of work for a duration of three to six months [3, Ivanov A.I., pp. 6–7].
Two years later, the Resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR issued from August 17, 1925 “On the benefits for persons sent to work in remote areas RSFSR state institutions and enterprises”5. This Decree abolishes the decree of July 25, 1923; establishes benefits for workers and employees irrespective of the position held and the work performed (Article 1); limits the recipients of benefits: they did not apply to the sending of individuals to work, if the distance between the point of departure and the destination is less than two hundred and fifty versts (art. as a condition for the emergence of the right to benefits has been established distance; establishes a list of remote areas that give the right to benefits (Article 4). The decree adopted, and the Decision applied to the Russian territories.
One of the first all-Union documents that secured guarantees for workers who moved to work in remote areas was the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR on May 11, 1927 "On benefits for employees of state institutions and enterprises in remote areas Union of Soviet Socialist Republics”6. This document has become fundamental for future legislators, developing a list of benefits and guarantees for attracting and securing the population in remote areas.
The decree defined the procedure for beneficiaries and guarantees: employees who are transferred (at least on personal request) or appointed to work in state institutions and enterprises in remote areas of the USSR (Article 2), if the distance between the original place residence and place of new work exceeds 1000 kilometers of the railway track or 500 kilometers of other ways of communication, enjoy the benefits provided below (Note 1. This decree does not apply to: a) in the ranks of the Workers 'and Peasants' Red Army servicemen; b) in the case of mass recruitments and transfers) (Article 1).
To determine the amount of benefits granted, all remote areas, depending on the degree of remoteness from the center, the working conditions and the cultural level of the population, were divided into two belts. The first zone includes areas with particularly severe conditions of communication and communication with the center, with severe climatic conditions and with a particularly low cultural level. The second zone includes other remote areas (Article 2). The list of privileges for the first and second belt was common, however, the benefits for the first belt were higher. Here are the most significant benefits.
Employees transferred on the initiative of the administration are reimbursed for the costs of moving and are given a per diem for the time of moving and additionally for 6 days in the amount of not less than one thirtieth monthly salary, a one-time allowance in the amount of a monthly salary, and, in case of moving with them who are dependent on their family members, a one-time allowance in the amount of the cost of moving family members, but not less than 1/4 of the monthly salary for each member of the family. The amount of all these payments may be increased by agreement of the parties, but not more than up to a double size (Article 3).
For those specified in Art. 1 employees are set percentage bonuses to the salary received in the following amounts: a) in the areas of the first belt — 10% after the expiry of each year of work; b) in the areas of the second belt — 10% after each three years of operation. The total amount of extra charges cannot exceed 100% of salary. Allowances are paid if the employee continues to work in the locality, the service in which entitles them to appropriate allowances (Article 5).
Specified in Art. 1 workers are entitled to receive for each three years of work from the same employer in the localities of the first belt and five years in the localities of the second belt of a three-month vacation (including another), with preservation of the content. The time required to move to the place of use of leave and back is not credited to the term of the latter, however, that the total period of absence cannot exceed six months (Article 6).
Particular attention should be paid to Art. 8, according to which children of workers who worked for more than three years in remote areas, at least their services, took place in various state institutions and enterprises, with respect to their admission to educational institutions are equated to persons of manual labor and enjoy the legislation established by the legislation of the Union republics with benefits in respect of admission to educational institutions and tuition fees, as well as travel by the employer to educational establishments outside the worker's place of residence and back twice a year according to the existing for the school their tariff (Article 8).
The decision limited the employee's ability to independently change the place of work without loss of preferential work experience. Thus, when a worker moves from one state institution or enterprise in a remote area to another, as well as in cases of interruption of work in state institutions and enterprises in remote areas, the length of work in the remote area is calculated from the moment of entering the new job. The account of the previous experience can take place under the agreement of the parties (Article 10).
Deserves the art. 11, which stimulated the return of local / indigenous people to their places of origin / birth. Privileges provided by Art. 7 and 8, also apply to employees referred to in Art. 6 categories, who lived before being invited to work in this remote area (Article 11), i.e. The effect of this Decree did not affect those residents who lived permanently and did not change their place of residence.
The Central Executive Committee and the Council of People's Commissars of the USSR on August 12, 1930 approve the "Provision on privileges for persons working in remote areas of the USSR and outside large urban settlements" No. 42/20467. In Art. 1 it is determined that the Regulations are used by persons working for hire in remote areas and outside large urban settlements in state institutions and enterprises, mixed joint-stock companies, cooperative and public organizations. In particularly remote areas of the Far-Eastern Region, benefits apply to individuals working in private enterprises. The last addition expanded the number of beneficiaries and guarantees under this Regulation.
In this Regulation, Art. 2, as in the Decree of 11.05.1927, remote areas are divided by their remoteness from the center and the difficulties of working conditions on two belts. The 1st belt includes the most remote areas and areas with the most severe work conditions. The rest of the remote areas belong to the 2nd belt.
New in this situation was the fact that in Art. 3. to determine the volume of benefits provided, all employees are divided into three groups according to their qualifications and positions held. The first group includes the highest and average administrative personnel and specialists in higher and secondary industry, transport, communications, agriculture and water management, as well as medical and veterinary personnel working to combat epidemics and epizootics. The second group is not assigned to the first group: a) heads of institutions and enterprises that are not lower than district ones; b) specialists of the highest and, in some cases, intermediate qualifications; c) judicial officers. The third group includes all other employees not assigned to the first and second groups. Benefits determined by the Decree of 11.05.1927, were retained and supplemented with new ones.
However, as noted above, benefits and guarantees have been differentiated into groups of employees. So, outside the large urban settlements, the benefits provided for in this Regulation are granted only to workers in the first group (Article 4). Workers of the second and third groups enjoy benefits in remote areas if their former residence has been removed from the duty station by at least 1,000 kilometers of rail track or 500 kilometers by other routes of communication. Benefits for the remaining employees of the second and third groups are provided: a) when working in the institutions of the USSR, enterprises and organizations of all-Union significance and concession enterprises in cases determined by the instruction; b) when working in other institutions, organizations and enterprises in cases determined by the legislation of the Union Republics (Article 5). The conditions and cases of granting benefits to employees recruited through mass recruitment are defined in the instruction (Article 6). Privileges provided for in this Regulation are not used by foreigners employed at work from abroad (Article 7).
The length of time required to receive benefits is preserved: a) in case of transition from the agreement of the administration to another job in the same or another remote area; b) in the case of a break in work for not more than three years, if this break is caused by transfer to work in another locality, by mobilization or calling for active service in the Red Army cadres (Article 8).
Attention deserves Art. 9. It notes that in remote areas and outside large urban settlements, members of the same family have the right to work together if the relevant trade union agrees. However, the work of members of one family in direct submission to each other is not allowed.
The regulation of August 12, 1930 provided for the possibility of concluding an employment contract with persons working in remote areas, and with workers of the first group — and outside large urban settlements, for up to five years (Article 10). Work on the term employment contract for benefits did not affect.
The Regulations set out the procedure for calculating wages. In the localities of the 1st belt after the expiration of each year, and in the areas of the 2nd belt and outside the large urban settlements — at the end of every three years, the employees are paid a ten-percent surcharge to the salary. Workers of the first group, aimed at combating epidemics and epizootics, receive a 20% premium after each year of service (Article 15). For the first time in the localities of the 1st zone, the employer makes an additional payment to the allowance received during temporary incapacity for work, up to the full size of the content received in the service. In the areas of the 2nd belt and outside large urban settlements, this surcharge is made, if it is provided for by the agreement of the parties (Article 17). Workers in remote areas and outside large urban settlements receive additional leave in 12 working days for workers of the first group in the areas of the 2nd belt and outside large urban settlements; for workers of the second group in the areas of the 2nd belt; for workers of the third group in the localities of the 1st belt (Article 18). The duration of the next vacation is increased against the one-month fixed by the labor legislation for all workers of the first and second groups in the areas of the 1st zone, and for workers of the first group involved in combating epidemics and epizootics, and outside large urban settlements (Article 19). Workers who have served for three years have the right in the areas of the 1st belt for a three-month vacation, and in the areas of the second belt for a two-month vacation, including the regular (Article 20).
Benefits for teaching children have been preserved. So, in Art. 23 it is written that the children of the workers of the first and second groups in the process of admission and training in all educational institutions are equated to the children of workers. In addition, they are granted twice a year at the expense of the hirer travel to educational institutions and back at the rate established for the students. By agreement of the parties, the employer can pay scholarships to the children of workers who study in universities and technical schools (Article 24). There were privileges to provide and pay for housing, there was a new benefit: the reservation of living space at the place of permanent residence, which persisted in the direction of the first belt for three years, and in other areas — for two years from the date of departure v. 26). For the first time, privileges were granted for the calculation of income tax. Art. 28 established that the income tax is collected from employees working in the localities of the 1st belt, based on half of the total amount of wages, and from those working in the localities of the 2nd belt — from the calculation of 75% of its total amount.
On May 10, 1932, the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR adopted the Resolution “On Approval of the Provisions on Benefits for Persons Working in the Far North of the RSFSR”8, which was published "in withdrawal" from the all-Union from August 12, 1930, the effect of which went on and on: everywhere in remote areas (except for territories recognized as the Far North) — in full, and in the Far North — in the order of fulfillment gaps in the norms of the situation on May 10, 1932. This resolution from the list of remote areas of the USSR for the first time in a separate group identified areas of the Far North of the RSFSR. From that moment, the legislation on northern benefits began to exist independently.
The Regulation applies to employees of all state, cooperative, public institutions, enterprises and organizations and mixed joint-stock companies both of union and republican and local significance.
In Art. 1 instead of the three groups established in the previous Resolution, all employees of institutions, enterprises and organizations of the Far North are divided into two groups. The first group includes: a) the highest and average administrative staff of all institutions, enterprises and organizations; b) specialists of higher and secondary qualifications of all branches of the na- tional economy and socio-cultural construction (workers of education, health, scientific, etc.); c) judges, prosecutors, investigators and notaries. The second group includes all other employees of institutions, enterprises and organizations of the Far North.
Employees of the second group enjoy privileges established by this Regulation only if they are directed to work in the Far North from other USSR locations. For workers of the 1st group this restriction does not apply (Article 2), i.e. they receive benefits regardless of whether they are sent to work in the North, whether they were on their own initiative, or are local natives. For foreign specialists who are invited to work from abroad, this Regulation does not apply (Article 3).
The nomenclature of privileges for workers of the first group did not coincide with the list of privileges for workers of the second group. So, according to Art. 7, the employees of the first group agree with the agencies sending them to work, they can pay for travel expenses to get familiarized with the working conditions. In addition, different groups of workers used a different amount of benefits. So, the duration of the next vacation for workers of the first group is increased by 1 month, and for workers of the second group — by 12 working days against the terms established by the labor legislation; for employees of the Murmansk District, the duration of the next vacation, respectively, increases by 1 1/2 months and 24 working days, and the duration of leave should not exceed 2 1/2 months. Employees who have served in the Far North for 3 years have the right to receive a 3-month vacation with the inclusion of another (Article 12).
The entire system of northern benefits during this period consisted of those benefits that were provided to workers in remote areas, and some entirely new, additional ones. For example, for workers eligible for a long service pension, the year of work in the Far North was counted in two years to receive such a pension. And people who continuously worked in the Far North for 10 years, the pension for length of service was accrued in the amount established for 25 years of experience, and this privilege was not granted to those working in remote areas.
This Resolution established the following system of northern benefits. Employees sent to work in the Far North were paid: a) the cost of passing them and their family members to the place of work according to the norms established by labor legislation for cases of transfer to work in other areas; b) the cost of carrying a baggage in the amount agreed upon with the sending institution, but not lower than the norms established by the said labor legislation; c) a one-time allowance and per diem in a double amount against the norms established by the labor legislation for cases of transfer to other areas (Article 8). Employees of the Far North are paid 10% of the supplement to the basic salary for each year of work; medical and veterinary workers aimed at combating epidemics and epizootics, the bonus is paid at a rate of 20% for each year of work; for em- ployees of the Murmansk District, interest bonuses are paid at the end of every six months of work, and the period for obtaining interest allowances is calculated from the moment of arrival at the place of work in the Murmansk region, but not earlier than January 1, 1932 (Article 10).
The resolution established / maintained benefits for training, housing, taxation and procurement. Thus, workers who served in the Far North for at least 2 years enjoy the right to enter all higher educational institutions and technical schools on the same line with workers. This right is reserved for them for 3 years after the end of work in the Far North (Article 17). Children of workers in the Far North regarding the order of admission to all educational institutions are equal to the children of workers. This right is reserved for them for 3 years after the end of the term of work in the Far North of the person they depend on. Travel of children of workers of the Far North to educational institutions and back (twice a year) is paid by the employer at the rates established for students. In addition, the agreement of the employer with the employee may provide for the payment by the employer of scholarships to the children of the employee who study at universities and technical schools (Article 18).
Employers who are directed to the Far North from other areas, the employer must provide an apartment. The agreement of the employee with the employer may provide for the obligation of the employer to pay the full or partial value of the rent (Article 19). For workers sent to the Far North, the living space in the place of former residence remains, irrespective of whether the members of the employee's family stay there or leave with him (Article 20). All types of tax from workers of the Far North are calculated with 50% of the wages they receive. The remaining 50% are not subject to any encumbrance (Article 22). The members of the working family who are in the place of former residence, who are dependent on him, use during the whole period of his work in the Far North supplying food and manufactured goods according to the same rules and in the same way as family members of the staff of the institution sending the employee to the Far North (Article 25).
In subsequent years, the number of guarantees for workers moving to work in the regions of the Far North and working in them decreased and / or was completely abolished by the normative acts of the USSR and Russia. The reasons that served as the basis for changing regulatory regulation were different, one of them was the Great Patriotic War of 1941–1945.
Benefits and guarantees established for those working in the Far North in 1942–1945
In connection with the war and the transfer of the country to martial law, the Decree of the Presidium of the Supreme Council of the USSR of October 3, 1942 "On the termination of the calculation of interest increments to wages for workers and employees and the provision of other benefits associated with work in remote areas, outside the large urban settlements and on the North-North”9 10Art. 1 from October 1, 1942 stopped the accrual of interest-based allowances for wages to workers and employees and the provision of other benefits related to work in remote areas, outside large urban settlements and in the Far North, as well as payment of lump sums to servicemen consisting of service in remote areas. However, it only extended to new arrivals.
The decree established that the amounts of interest-bearing allowances for wages received by 1 October 1942 by employees of institutions and enterprises in remote areas, outside large urban settlements and in the Far North, are paid to them for the entire time of their work in the same terrain and when transferring to another locality, the work in which gave the right to receive such allowances (Article 2).
The decree was short-lived. Because of the Art. 3 from January 12, 1943, the Council of People's Commissars of the RSFSR issued Decree No. 35 "On Amending the Legislation of the RSFSR regarding the Edict of the Presidium of the Supreme Soviet of the USSR of October 3, 1942" On Terminating the Calculation of Interest Additions to Wages to Workers and employees and providing them with other benefits related to work in remote areas, outside large urban settlements and in the Far North»11. The decree abolishes all legal acts for all categories of workers and, in the first place, the Regulation "On Benefits for Persons Working in the Regions of the Far North of the RSFSR", approved by the Resolution of the Central Executive Committee of the USSR and the Council of People's Commissars of the USSR on May 10, 1932. Privileges were abolished for virtually all categories of workers. The exception was retained only for employees of the Main Directorate of the Northern Sea Route, working in the Arctic Circle.
Realizing the importance of restoring the national economy in the post-war period and the role of the northern territories in the country's economy, the Presidium of the Supreme Soviet of the USSR issued an order on August 1, 1945, “On benefits for people working in the Far North”12. The decree resolved: to restore, from August 1, 1945, the following pre-war conditions for employees of state, cooperative and public enterprises, institutions and organizations located in the Far North areas: to pay workers and employees in the Far North after the expiration 6 months of work 10% bonus to the rates (salaries), the total amount of allowances should not exceed 100% of the wage rate (salary); to grant additional leave in excess of those established by the current legislation in the Far North to workers with a normalized working day of 18 working days in duration, and employees with a non-standard working day of 30 working days; enterprises, institutions and organizations are obliged to provide workers and their families with a living space according to the norms established for a given locality; in case of temporary disability by persons working in the Far North, the enterprise, institution and organization are obliged to pay them the difference between social insurance benefits and actual earnings (including interest-bearing allowances), but the allowance together with the surcharge should not exceed the maximum the amount of the social insurance benefit established by the current legislation; when calculating the length of service entitling them to receive a pension for old age, disability and long service, one year of work in the Far North shall be taken for two years; for workers transferred and sent to work in the Far North, to maintain for the entire period of the employment contract the residential area at the place of their former residence, regardless of whether the members of the family of the worker stay there or go out with him.
Privileges established by this Decree were granted from August 1, 1945: a) to persons who received before October 1, 1942 privileges based on the previous legislation; b) persons sent to work before October 1, 1942, but not received benefits regarding the publication of the Decree of the Presidium of the Supreme Soviet of the USSR of October 3, 1942 on the abolition of benefits, as well as to persons sent to work after October 1, 1942. The Decree applied to persons who had concluded employment contracts in the Far North for a period of at least 3 years.
Supplements the above decree Resolution of the Council of People's Commissars of the Union of Soviet Socialist Republics of September 2, 1945 No. 2262 "On the approval of the list of areas of the Far North and the instruction of the USSR People's Commissariat and the AUCCTU on the application of the Decree of the Presidium of the Supreme Soviet of the USSR of August 1, 1945 “On Benefits for Individuals working in the Far North”13.
Benefits in these areas are being restored with significant changes, namely: workers and employees have ceased to be divided into two groups in terms of qualifications and occupying positions; abolished benefits by agreement of the parties; Reduced the duration of additional leave for work in the Far North; the list of benefits was reduced (there were advantages to training for the employee and his children, travel privileges, income tax benefits, etc.). The most significant changes introduced to the legislation on benefits are that for the first time on August 1, 1945, a decree between the conclusion of a fixed-term employment contract and the granting of benefits was established: benefits were granted subject to the employee's conclusion of an e m-ployment contract for term of not less than three years [3, Ivanov A.I., p. 14].
Such contracts with the provision of benefits under the instruction of the People's Commissariat of Finance were concluded with employees of state, cooperative and public organizations, institutions and enterprises located in the Far North: a) transferred by order of the maximum bodies, although at the personal request of workers, and also sent or invited to work again; b) sent or transferred by Soviet agencies, as well as party, trade union and Komsomol organizations; c) sent in due course to work at the end of educational institutions, courses, etc. .; d) sent to the expedition, provided the duration of the work of ex-pedagogy is more than a year; e) sent before October 1, 1942, but not received benefits in connection with the publication of the Decree of the Presidium of the Supreme Soviet of the USSR of October 3, 1942 on the abolition of benefits, as well as directed to work after October 1, 1942; e) working in the Far North and receiving benefits on the basis of previous legislation.
The territory of the Far North is set within the boundaries of less than pre-war. However, in the same year 1945, the "List of remote areas equated to the regions of the Far North" (Chapter 1) is approved, where the benefits should be applied with reduced premiums to wages for work in these areas and with additional holidays a shorter duration — 12 working days for those working with a normal working day and, respectively, 24 working days for workers with a nonstandard working day. The decree facilitated the consolidation of the GULAG released from the system and the attraction of a new population to the regions of the Far North [6, Lytkina T.S., Fauzer V.V.; 7, Fauzer V.V., Lytkina T.S., pp. 128–129; 8, Fauzer V.V., Lytkina T.S., Fauzer G.N., pp. 159–160].
Benefits and guarantees established for those working in the Far North and in the areas equated to them in 1946–1967
The post-war legislation on northern benefits played an important role in attracting the population and labor resources to the northern regions of the country, facilitating the consolidation of the arrivals in these areas and thereby making a significant contribution to the restoration of the country's national economy destroyed by the war. Legislation on the north benefits of this period was not devoid of certain shortcomings, because there were many different normative acts regulating the procedure for granting privileges to individual branches or specialties, but they did not carry a general order.
The resolution of the Council of Ministers of the USSR of August 25, 1946 established district coefficients for the wages of workers in the Urals, Siberia and the Far East from 1.15 to 1.7. In the next ten years there has been a tendency of sectoral regulation of the value of district coefficients. For example, the USSR Goskomtrud decree and the Secretariat of the All-Union Central Council of Trade Unions of 27.07.1959 No. 527/13 established district coefficients for workers in the oil and gas industry, another decree established district coefficients for construction workers, a third one — for health workers etc. The existence of such several documents that regulate similar or even homogeneous social relations had a negative impact on the law enforcement practice and complicated the work of personnel officers, created conditions for discrime by occupation, although the degree of exposure to unfavorable production factors was often the same The same [4, Kozlova T.A.].
With a view to streamlining the legislation on benefits for employees of the Far North and localities equated to them, the Decree of the Presidium of the Supreme Soviet of the USSR of February 10, 1960 “On the regulation of benefits for people working in the regions of the Far North and in the regions equated to the regions of the Far North Of the North”14 and Resolution of the Council of Ministers of the USSR of February 10, 1960 No. 148 "On the procedure for the application of the Decree of the Presidium of the Supreme Soviet of the USSR of 10.02.1960 “On the regulation of benefits for persons working in the Far North and in areas equivalent to the regions of the Far North Of the North”15. In accordance with the Decree and the Resolution, privileges and guarantees were established to specified workers in the field of wages, rest time, the procedure for calculating the length of service, guarantees for relocation, as well as for the right to housing.
In the field of wage regulation of these workers, the order of appointment and the amount of allowances for work in the regions of the Far North and territories aligned with them was determined. The amount of allowances for work in the Far North and places equal to the regions of the Far North depended on the degree of adverse effects of climatic conditions in this or that region. For example, in the Chukotka Autonomous Okrug of the Magadan Region, the Koryak Autonomous Okrug and the Aleutian District of the Kamchatka Oblast, as well as on the islands of the Arctic Ocean and its seas (excluding the White Sea), 10% after the first six months of operation, with an increase of 10% for each subsequent six months of work. In the remaining regions of the Far North, 10% after the first year of operation, with an increase of 10% for each subsequent year of work. In the areas equated to the Far North, 10% after the first two years of operation with an increase of 10% for each subsequent two years of operation. The maximum amount of the allowance in all cases could not be higher: in the Far North 80% of earnings and in localities equivalent to the regions of the Far North — 50% of earnings and should not exceed 240 rubles for the regions of the Far North and for places that are equivalent to the regions of the Far North — 150 rubles. At the same time, allowances were paid monthly, but were charged only on earnings up to 300 rubles per month. Thus, the decree extended the time for calculating interest-bearing allowances for wages, reduced the rhythm of their increase and lowered the ceiling of allowances. Guarantees in the field of rest time consisted in establishing the procedure for granting and fixing the duration of additional holidays to workers of the Far North and equated localities. Additional leave was established for all categories of workers of the following duration: working in the Far North — 18 working days, and in the regions, equivalent to the Far North — 12 working days. As it was before, holidays of workers of the Far North and equal places could be summed up, but not more than for three years, but for the first time it was normatively fixed the duty of the employer to provide at least 6 working days of leave each year, and additional leave for this period and the rest of the leave minus six working days. The time required for travel to the place of use of leave and back, was not counted on a leave basis once every three years. The cost of travel to the place of use of leave and back every three years was paid by the enterprise, institution or organization.
The decree of February 10, 1960 divided the northern benefits into two groups: (a) the basic ones provided to all workers and employees of state, cooperative and public enterprises, institutions and organizations in the North (including those who came on their own initiative and residents) and b) additional workers who are transferred, directed or invited to work in the North from other parts of the country. Additional benefits are provided only if individual written employment contracts are concluded for a period of five years, and on the islands of the Arctic Ocean — two years. These included benefits related to moving to work in another locality and in terms of paying for travel and transportation of property, and regarding payments during and / or in connection with the move (daily subsistence allowance, one-time salaries, payroll), and also housing benefits and privileges for booking a dwelling at the former place of residence for the entire term of the employment contract in the specified localities. However, work experience in the regions of the Far North and localities equivalent to the above-mentioned areas has already been calculated somewhat differently: it is not a year of work in the Far North in two years of work, and a year of work in the Far North in just one year and six months in the localities with the usual climatic conditions. Inadequate additional benefits were provided to persons who arrived in these areas on their own initiative and entered into a fixed-term employment contract in these areas.
However, the benefits established by the Decree of February 10, 1960 did not ensure the influx of labor resources to the Far North in sufficient measure. Insufficient material interest of workers and employees did not contribute to their consolidation for a long period in these regions and localities, so in subsequent years there was a further expansion of benefits to employees of the Far North and places equal to them. In accordance with the Directives of the 23rd Congress of the CPSU, the Decree of the Presidium of the Supreme Soviet of the USSR of 26 September 1967 No. 1908-VII “On the Expansion of Benefits for Persons Working in the Far North and in Areas Equated to the Territories of the Far North”16. This Decree significantly expanded the list and the amount of benefits provided by the Decree of February 10, 1960. It established a new procedure for calculating district coefficients, differentiating territories according to the degree of discomfort.
The effect of the decree resolved to pay to all workers and employees of state, cooperative and public enterprises, institutions and organizations an extra charge for their monthly earnings (without taking into account the district coefficient and remuneration for long service) in the following amounts: a) in the Chukotka Autonomous Okrug and the Severo-Even the Magadan region, the Koryak autonomous region and the Aleutian region of the Kamchatka region, as well as on the islands of the Arctic Ocean and its seas (except for the islands of the White Sea) — 10 percent after the expiration and the first six months of work, with an increase of 10 percent for each subsequent six months of work. To raise the maximum amount of surcharges in these areas and localities to 100 percent of earnings or up to 300 rubles per month; b) in the remaining regions of the Far North — 10 percent after the first six months of operation, with an increase of 10 percent for each subsequent six months of work, and after reaching a 60% premium — 10 percent for each subsequent year of work; c) in the districts equated to the regions of the Far North, 10 percent after the first year of operation, with an increase of 10 percent for each subsequent year of work (Article 1). According to the Decree, the terms for calculating the premiums were reduced: if the Decree of 10 February 1960 in the regions of the Far North, the employee could receive an 80% surcharge for 8 years, then according to the Decree of September 26, 1967 — for 5 years; in areas equivalent to the regions of the Far North, the employee could receive a maximum 50% bonus for 5 years instead of 10 years of work.
For the first time, this decree reinforced the reduction of the retirement age for persons who have worked for a long time in areas with unfavorable climatic conditions. So, workers and employees who have worked in the Far North for at least 15 calendar years, and in the districts equated to the Far North regions — at least 20 calendar years, old-age pensions are assigned to men — at the age of 55 and women — after reaching 50 years (Art. 2).
This Decree also pursued the goal of securing the population in the regions of the North. Firstly, the duration of the employment contract giving the right to receive benefits was reduced from five to three years. Secondly, now all these benefits were granted to persons who arrived in these areas and areas on their own initiative, provided they concluded employment contracts for a period of three years, and on the islands of the Arctic Ocean — two years (Article 3).
The decree stimulated the extension of labor contracts for a new term. When the first employment contract was renewed, the employee was paid a one-time benefit in the amount of 50 percent of the average monthly earnings excluding the district coefficient, seniority pay and allowances for work in the Far North and in areas equivalent to the Far North regions (Article 4).
A norm has appeared that allows to summarize the work experience for family members of workers and employees working in the Far North and localities equivalent to them for the period of seasonal work and for women who have temporarily left work to care for children of preschool age or for health reasons entitling them to receive benefits provided for in this Decree (Article 5).
New in the Decree was the fact that attention was paid to the collective-farm peasantry, however, only selectively. They could start receiving benefits if they changed their line of business. In Art. 6 it is written: to count the time of their work on collective farms located in the Far North and in areas equal to the regions of the Far North in the length of service entitling them to receive benefits if they the termination of work on the collective farm before going to work as a worker or an employee has passed no more than three months.
The privileges established by the Decree of the Presidium of the Supreme Soviet of the USSR of 26.09.1967 were supplemented by Decree No. 1029 of the Council of Ministers of the USSR of 10 November 1967 "On the Procedure for Applying the Decree of the Presidium of the Supreme Soviet of the USSR of September 26, 1967, “On Expansion of Benefits for Individuals, working in the Far North and in areas close to the Far North”17.
Two provisions of the Decree became fundamentally new. It was proposed that, beginning on January 1, 1968, district coefficients for scholarships for graduate students, students and students of higher and secondary special educational institutions located in the regions of the Far North and in areas equal to the regions of the Far North in the amounts established in the respective regions to the wage pay of educators (Article 4).
The mechanism of solving the housing problem after working in the Far North for at least 15 years has been prescribed. The Resolution was authorized by the Council of Ministers of the Buryat ASSR, the Council of Ministers of the Komi ASSR, the executive committees of the Krasnoyarsk Territory Council of Workers 'Deputies, Irkutsk, Tomsk, Tyumen, Murmansk and Arkhangelsk regional Soviets of Workers' Deputies to organize workers and employees who worked in the Far North and in areas equal to the regions of the Far North, at least 15 years, housing cooperatives for the construction of houses in cities and workers' settlements of other republics, regions and regions, except administration centers of the Soviet republics, Moscow and Leningrad, the Moscow region, as well as resort areas (Art. 5).
Benefits and guarantees established for those working in the Far North and in localities equivalent to them in 1990–2014
First, the Decree of the Council of Ministers of the RSFSR of October 22, 1990 No. 458 “On the regulation of compensation to citizens residing in the North”18. In it, an attempt was made to unify the approach to the procedure for providing guarantees and benefits to workers in the Far North and regions equated to it. This Decree specifies the procedure for calculating and maintaining a continuous work record for obtaining the right to a surcharge for working in unfavorable climatic conditions. Emphasis is placed on attracting young people to the regions of the Far North and securing young people at the enterprises located in these regions, as well as families with children. The decision fixed a special procedure for calculating the continuous length of service for women with children: "Continuous work experience entitling them to compensate women with children under the age of 14 years or a disabled child under the age of 16 (including those on their custody) shall be retained on condition that they are employed for a period not exceeding the specified age, irrespective of the reason for dismissal (except for dismissal for culpable actions) and the duration of the break in work ". For the young people, it was envisaged that wage supplements would be raised in an increased amount and with a continuous length of service of a shorter duration than for older workers. Young people who have lived at least one year in the Far North and enter into labor relations, surcharges to wages were established from January 1, 1991 at a rate of 20% after the first six months of work with an increase of 20% for each subsequent six months , and on completion 60% of the allowance was paid at a rate of 20% — for one year of work, and in localities equal to the regions of the Far North and in regions where the allowances are paid in the manner and under the conditions provided by the resolution of the Central Committee of the CPSU, The Council of Ministers of the USSR and the All-Russia Central Council of Trade Unions act 1972 number 255 — in the Rabo you a 10% every six months [4, Kozlova T.A.].
In modern history, the most important normative and legal document on streamlining / expanding benefits and guarantees for northerners can be considered as the Federal Law “On State Guarantees and Compensations Adopted by the State Duma of the Russian Federation on February 19, 1993 for people working and living in regions of the Far North and localities equivalent to them” No. 4520-119 (in Ed. The law of the Russian Federation from 02.06.1993 № 5082-1, with the changes brought by the Decree of the President of the Russian Federation from 24.12.1993 № 2288).
For the first time, the enactment of the enacted law began to apply to persons employed for hire permanently or temporarily at enterprises, institutions, organizations located in the Far North and equivalent areas, regardless of the form of ownership, and persons living in these areas and localities.
State guarantees, and compensations were provided to non-working pensioners, servicemen, laid-off by age or due to the reduction in the Armed Forces of the Russian Federation, students of higher and secondary special educational institutions, students of vocational schools and general schools, arrived in the regions of the Far North and territories equated to them together with the breadwinner (Article 1).
The sources of financing the costs of state guarantees and compensations were the republican budget of the Russian Federation, as well as the Pension Fund of the Russian Federation for persons receiving state pensions, the Social Insurance Fund of the Russian Federation for persons receiving temporary disability benefits, for pregnancy and childbirth and eligible for payments related to sanatorium treatment, the State Employment Fund of the population of the Russian Federation (in relation to the employment fund of the population the resolution became invalid from January 1, 2001 on the basis of Federal Law No. 118-FZ of August 5, 2000) — for persons entitled to guarantees in the field of employment, in accordance with the provisions on these funds.
Due to the consolidated budget of the Russian Federation, expenses related to the departure from the regions of the Far North and the places equal to them were compensated, employees of budget institutions, organizations that worked in these areas and localities for at least three years, pensioners, people with disabilities, people who lost their jobs and registered as unemployed in these areas and localities, at a rate of 100 percent of the costs incurred, and persons who have worked for at least three years at state-owned enterprises located in these districts and localities — 50 percent of the costs incurred, but not exceeding the norms provided for in Article 35 of this Law (Article 4).
Enterprises located in the Far North and equivalent areas were exempted from paying taxes on a part of the profit (income), directed to capital investments of production and nonproduction purposes (Article 5).
Persons released from enterprises, from institutions, organizations in regions of the Far
North and territories equated to them regarding their reorganization or liquidation, were kept for the period of their employment, but not more than six months, the average wage, considering the monthly severance pay.
Payment of the monthly severance pay, and the saved average wage was made in the former place of work at the expense of enterprises, institutions, organizations (Article 6).
Persons living in areas of the Far North and localities equated to them and recognized as unemployed in accordance with the established procedure, unemployment benefits were paid based on the rayon coefficient (Article 9).
Young people (persons under 30 years of age) were paid the full wage on the first day of work in the regions of the Far North and their localities if they lived in these areas and localities for at least five years (Art. 11).
In addition to the additional holidays provided by the law, provided on a general basis, persons working in northern regions of Russia were also compensated for an annual additional leave: in the regions of the Far North, 21 working days; in equated localities — 14 working days; in other parts of the North, where the district coefficient and the percentage increase to wages are set, 7 working days (Article 14). Full or partial connection of leave to persons working in the Far North and equivalent areas was allowed in no more than two years. The time required for travel to the place of use of leave and back, was not counted once in two years on the date of vacation (Article 15).
For persons arriving in the regions of the Far North and territories equated to them, for the entire period of work in these areas and localities, the residential area at the former place of residence in the territory of the Russian Federation was booked in accordance with the established procedure (Article 17).
Citizens, including indigenous residents, who worked in the Far North and equivalent areas for at least 10 calendar years, and workers who received disability (including general disease) or occupational disease-were granted prior to the expiry of the specified period the right to a newly elected residence to purchase an apartment or a priority entry into a housing and construction cooperative, or a land plot was allocated for individual housing construction (Article 18).
Persons who study in higher and secondary educational institutions, vocational schools and schools of various profiles located in the regions of the Far North and their localities are awarded a regional coefficient and a percentage allowance for the scholarship. As we see, unlike the Resolution of the Council of Ministers of the USSR of November 10, 1967 No. 1029, article 20 among the beneficiaries included students in vocational schools and schools of various profiles but excluded graduate students. It was envisaged to pay not only the regional coefficient, but also the percentage mark-up.
Persons enrolled in day schools in higher and secondary special educational institutions, students of schools located in the Far North and areas adjacent to them, and in need of inpatient treatment, were paid to travel to the place of treatment in other regions of the Russian Federation and back, if such services are not available in the place of residence (Article 20).
In the Law, special attention is paid to motherhood and women. Thus, women working in the Far North and equated localities with children under 16 years of age are entitled to a monthly additional day off without saving wages (Article 21). For women, a 36-hour working week was set , if the shorter working week is not provided for certain categories of women by other legislative acts of the Russian Federation. At the same time, the salary was paid in the same amount as in the full working week (Article 22).
In the case of temporary incapacity for work, people working in the Far North and equated localities were paid a temporary disability allowance in the amount of full earnings, considering the district coefficient and the percentage premium (Article 24).
Provided a reduced pension the pension regarding work in the Far North and similar areas was established: men — at the age of 55 and women — at the age of 50 if they worked for at least 15 calendar years in the Far North or at least 20 calendar years in the areas equated to them and have a total length of service of at least 25 and 20 years, respectively.
For women with two or more children, the pension was established after reaching 50 years with a total work experience of 20 years, if they worked for at least 12 calendar years in the Far North or at least 17 calendar years in the equated localities.
Citizens who worked in the regions of the Far North and localities equated to them, the pension was established for 15 calendar years of work in the Far North. At the same time, every calendar year of work in the regions equated to the regions of the Far North is considered for nine months of work in the regions of the Far North.
Citizens who worked for at least 7 years in the Far North for at least 6 years received a pension with a decrease in the general established age (for men — 60 years, for women — 55 years) for four months for each full calendar year of work in these areas (Article 25).
The law places special emphasis on the specific labor employed and the small peoples of the North. The right to a pension on favorable terms has reindeer herders, fishermen, hunters-fishers who live constantly in the regions of the Far North and equated to them the localities: men — at the age of 50 and with the work experience of at least 25 years and women — at the age of
45 years and with the experience of this work not less than 20 years (Article 26). Social pensions established by the RSFSR Law "On State Pensions in the RSFSR" are assigned to citizens from among the small-numbered peoples of the North: men — at the age of 55, women — at the age of 50 years in the amount of a minimum old-age pension (Article 27).
When calculating the length of service for appointing a pension on general, preferential grounds, and regarding special working conditions, the period of work in the regions of the Far North and the districts equated to them is calculated in a one and a half amount regardless of the fact of entering into a fixed-term employment contract, (Article 28).
According to the Law for citizens residing in areas where the regional coefficient for wages is established, the amount of labor and social pensions is determined by applying the appropriate regional coefficient to wages (Article 30). And the pension is appointed and paid, considering the district coefficient to the salary, irrespective of the place of residence and the time for applying for a pension (Article 31).
Persons who work and live in areas of the Far North and equated localities were guaranteed medical supervision during employment, partial payment for travel for medical advice or treatment to other regions of the Russian Federation and back if such services are not available at the place of residence. For the small peoples of the North, an obligatory annual medical examination is organized (Article 32). In addition, the Law provided for compensation of expenses for payment of fare and baggage to the place of use of leave and back, including to pensioners and invalids (Article 33, 34).
In case of relocation or change of residence, the Law guaranteed compensation for expenses related to relocation, to persons who arrived in the Far North and areas adjacent to them from other regions of the Russian Federation and other countries and who concluded an employment contract (contract), as well as to young specialists, arrived at enterprises, institutions, organizations, regardless of the permanent place of residence.
They were granted the following guarantees and compensations: a one-time allowance in the amount of two official salaries (rates) and a lump sum for each member of the family in the amount of half of the official salary (rate); payment of the cost of travel of a worker and his family members and the transportation of baggage, but not more than 5 tons per family at actual expenses; daily subsistence allowance; paid leave for fees and arrangement on a new place for a period of 7 calendar days. In the case of moving an employee to a new place of residence in connection with the termination or termination of an employment contract (contract) for any reasons, except for dismissal for guilty actions, the cost of travel of the employee and his family members and the baggage is paid, but not more than 5 tons per family according to actual expenditures (Article 35).
Since the adoption of Law No. 4520-1 of 19.02.1993, significant changes have occurred in the socioeconomic development of Russia. Considering the changes that have occurred, on August 22, 2004 the State Duma adopts the Federal Law No. 122-FZ, which made significant changes to the current Law. In subsequent editions of Law No. 4520-1, part of the benefits and guarantees were "transferred" to the Labor Code (adopted on December 30, 2001 No. 197-FZ). The last edition of the Law was made on December 31, 2014 г.20 Let us stop here.
Article 1. The effect of this Law applies to persons employed for hire permanently or temporarily in organizations located in regions of the Far North and equated localities, regardless of the form of ownership, and persons living in these areas and localities ( As amended by Federal Law No. 122-FZ of August 22, 2004 ).
In the cases provided for in this Law, guarantees and compensations are provided to nonworking pensioners, servicemen dismissed by age or in connection with the reduction of the Armed Forces of the Russian Federation, to persons studying in professional educational organizations and educational organizations of higher education, and also to family members , arrived in the Far North and areas adjacent to them along with the breadwinner ( as amended by Federal Law No. 122-FZ of August 22, 2004, No. 185-FZ of July 2, 2013 ).
The main "innovation" of 122-FZ is that guarantees and compensations for individuals who work and live in regions of the Far North and localities equated to them in organizations financed from the federal budget are established by federal laws; in organizations financed from the budgets of the constituent entities of the Russian Federation, by the laws of the constituent entities of the Russian Federation; in organizations financed from local budgets, by municipal legal acts; in organizations that are not related to the budgetary sphere, by the employer, with the exception of cases provided for by this Law (part three was introduced by Federal Law No. 122-FZ of August 22, 2004).
The guarantees and compensations provided for in this Law for persons residing in the Far North and equated localities are applied to persons working for residents of the territories of advanced social and economic development located in the regions of the Far North and equated localities with them taking into account the specifics established by the Federal Law "On the Territories of Advanced Social and Economic Development in the Russian Federation" ( part fourth was introduced by Federal Law No. 519-FZ of December 31, 2014 ).
Article 4. Financial Provision of Guarantees and Compensations for Persons Who Work and Live in the Regions of the Far North and Equivalent Territories ( as amended by Federal Law of August 22, 2004, No. 122-FZ ).
The guarantees and compensations established by this Law and other normative legal acts of the Russian Federation are the expenditure obligations of the Russian Federation insofar as they relate to citizens working in organizations financed from the federal budget, persons studying at the expense of budgetary appropriations of the federal budget in professional educational organizations and educational organizations of higher education, servicemen dismissed by age or in connection with the reduction of the Armed Forces of the Russian Federation in the part of citizens who receive temporary disability benefits, maternity benefits from the funds of the Social Security Fund of the Russian Federation, in the part of unemployed citizens who receive an insurance pension or pension on state pension provision from the funds of the Pension Fund of the Russian Federation and the federal budget ( as amended by Federal Law No. 185-FZ of July 2, 2013, No. 216-FZ of July 21, 2014 ).
Compensation for expenses related to relocation from the Far North and the localities adjoining to them to citizens specified in part six of Article 35 of this Law is carried out at the expense of budgetary allocations provided from the federal budget in the form of interbudgetary transfers to the budget of the Pension Fund of the Russian Federation ( part two was introduced by Federal Law of July 21, 2014 No. 231-FZ ).
Guarantees and compensation established for citizens working in organizations, funded from the budgets of the RF subjects are the financial obligation of the subjects of the Russian Federation.
Guarantees and compensation established for persons working in organizations financed from local budgets are expenditure obligations of municipal entities. Guarantees and compensation established for citizens working in organizations that are not related to the budgetary sphere are carried out at the expense of the employer.
Article 5. Guarantees in the field of employment of the population, remuneration of labor, duration of holidays, benefits for certain categories of the population, social insurance and pensions, medical services, the procedure for determining the length of service ( as amended by Federal Law No. 122 of August 22, 2004 -F3 ).
Guarantees in the field of employment, pay, duration of leave, benefits for certain categories of population, social insurance and pensions, medical services, the procedure for determining the length of service is regulated by the Labor Code of the Russian Federation, the legislation of the Russian Federation in the field of social insurance, pensions and employment of the population.
The most significant change was made to Article 11. In the basic version, it was written as follows: "Young people (persons under the age of 30) are paid a percentage increase to wages in full of the first day of work in the Far North and equated to them if they have lived in the said rayons and localities for at least five years ". Here is a new version.
Article 11. Interest rate increment to wages (as amended by Federal Law No. 122-FZ of August 22, 2004). "Persons working in the Far North and equated localities are paid a percentage premium to wages for work experience in these areas or localities. The amount of the percentage mark-up and the procedure for its payment shall be established in accordance with the procedure determined by Article 10 of this Law to establish the size of the district coefficient and the procedure for its application.
We will cite Art. 10, to which reference is made. Art. 10. District coefficient to wages, benefits, scholarships and compensation (as amended by Federal Law No. 122-FZ of August 22, 2004). The size of the district coefficient and the procedure for its application for calculating the wages of employees of organizations located in the Far North and equivalent areas, as well as increasing the fixed payment to the insurance pension, pensions for state pensions, benefits, benefits and compensation to individuals , living in the Far North and equivalent areas, are established by the Government of the Russian Federation ( in the edition of Federal Laws No. 213-FZ of July 24, 2009, No. 216-FZ of July 21, 2014 ).
The bodies of state power of the subjects of the Russian Federation and local selfgovernment bodies are entitled, at the expense of the funds of the budgets of the constituent entities of the Russian Federation and municipal budgets, to set higher sizes of district coefficients for state bodies and state institutions of the constituent entities of the Russian Federation, institutions. A normative legal act of a constituent entity of the Russian Federation may set a limit for raising the regional coefficient established by municipal entities that are part of the constituent entity of the Russian Federation ( as amended by Federal Law No. 55-FZ of April 2, 2014 ).
Unlike the old version, the new version does not have a direct exposition on the right of young people born in the North to receive interest-bearing surcharges to wages from the first day of work. The phrase "percentage markups" is simply missing. Having considered all the references to other laws and regulations, we find that young people will not receive per-cent surcharges from the first day of work. She must earn them, although, for local youth, there is an accelerated procedure for obtaining them.
In conclusion we give the content of art on guarantees and compensation for expenses related to the move ( in the amended version of Federal Law No. 122-FZ of August 22, 2004 ).
Persons who have concluded employment contracts for work in organizations financed from the federal budget located in regions of the Far North and equated localities and who have arrived under these agreements from other regions of the Russian Federation receive the following guarantees and compensations from the employer's funds: a one-time allowance in the amount of two official salaries (monthly tariff rates) and a one-off allowance for each member of his family arriving with him in the amount of half of the official salary barns monthly tariff rate) of the employee; payment of the cost of travel of an employee and his family members within the territory of the Russian Federation at actual expenses, as well as the cost of carrying baggage not exceeding five tons per family for actual expenses, but not exceeding the tariffs envisaged for carriage by rail; paid leave for a period of seven calendar days for accommodation in a new location.
Right to get a payback for employee’s and his / her family’s tickets and luggage is available 1 year after the signing of the contract with the employer, registered in the revelant areas and territories.
An employee of an organization financed from the federal budget and members of his family in case of moving to a new place of residence in another locality in connection with the dissolution of the employment contract for any reasons (including in the event of the worker's death), with the exception of dismissal for the guilty the cost of travel for actual expenses and the cost of carrying baggage from the calculation of no more than five tons per family for actual expenses, but not more than the tariffs for rail transportation.
The guarantees and compensations provided for in this article are provided to the employee of the organization financed from the federal budget only at the main place of work.
The amount, conditions and procedure for compensation of expenses related to relocation, persons working in organizations financed from the budgets of the constituent entities of the Russian Federation are established by state authorities of the constituent entities of the Russian Federation, in organizations financed from local budgets, by local self- in organizations not related to the budgetary sphere, by the employer.
Persons who are recipients of labor pensions and (or) pensions for state pensions that do not work under employment contracts that do not receive payments and other remuneration under civil law contracts, the subject of which is the performance of work, the provision of services, under the contracts of the author's order, agreements on the alienation of the exclusive right to works of science, literature, art, publishing licensing agreements, licensing agreements on the granting of the right to use works of science, literature, art and not carrying out other activities during which they are subject to compulsory pension insurance in accordance with the legislation of the Russian Federation and members of their families who are dependent on them in case of moving from the regions of the Far North and equated localities to a new place of residence in the territory of the Russian Federation, which does not belong to the specified regions and localities, the costs for paying the cost of travel to the new place of residence and the cost of the baggage transportation (part six was introduced by the Federal Law of July 21, 2014 No. 231-FZ).
As you can see, all the years the separate articles of the “basic/fundamental” Law were substantially edited21, which ultimately led to a modification / loss of some of the benefits and guarantees. To know and apply / use the full list of benefits and guarantees established for employees of the Far North and localities equated to them, it is necessary to apply to the Labor Code of the Russian Federation.
Conclusion
The Government of Russia actively used the natural resources of remote territories to solve its socio-economic and political tasks and following the interests of the country's defense capability. However, given their weak population, the state was forced to use different methods of attracting and securing the population in these regions. Until the late 1950's these were mostly methods of coercion. In subsequent years, the state passed to incentive measures.
It should be emphasized that the list / set of benefits, guarantees and compensations working and living in the regions of the Far North and equated localities has repeatedly or expanded, or decreased. It is indisputable that the corresponding adjustments were made both under the influence of factors of an economic and political nature, considering the immediate tasks of socio-economic policy at this stage and the state's capabilities and the role that was assigned to the North in different historical periods of the country's development. Legislation on benefits, compensations and guarantees first in remote areas, then in the regions of the Far North and, finally, for regions equal to the regions of the Far North, five stages have passed. The basis for separating the stages was two points: 1) years of zoning of remote / northern territories and 2) a set of state preferences granted to the population in a historical period [2, Fauzer V.V., Lytkina T.S., Fau-zer G.N., pp. 18–37].
Including those or other territories in a special list, the state determined / differentiated the set of benefits and guarantees for each category of localities. Until 1932, privileges and guarantees extended to remote territories included in the List. The Decree of the Council of People's Commissars of the RSFSR of October 26, 1932, singled out areas of the Far North from remote areas, for which the privileges adopted by the Resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of May 10, 1932, were distributed. After the abolition of privileges for the period of the Great Patriotic War, in 1945.
Then, the decisions of the All-Russian Central Executive Committee and the Council of People's Commissars were repeatedly adopted on streamlining, expanding the system of privileges, guarantees and compensations for people working in the Far North and in areas equal to the districts of Far North.
An important stage in the development of the system of privileges, guarantees and compensations was the transition of the country from the Soviet planned system to a market economy. The system of privileges and guarantees was fundamentally revised, which was fixed by the Federal Law "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Territories" No. 4520-1 of February 19, 1993. This document reflected the best, which was achieved in previous years.
In the 2000s there have been significant changes in the socio-economic development of Russia, as reflected in Federal Law No. 122-FZ of August 22, 2004. This act makes the State Duma significantly amend the Law "On State Guarantees and Compensations for Persons Who Work and Live in the regions of the Far North and regions equated to them". Some of the benefits were either curtailed or canceled. In subsequent editions of the Law No. 4520-1, certain privileges and guarantees were "transferred" to the Labor Code of the Russian Federation. In society, there is still no unambiguous assessment of this revitalized Law.
It can be concluded that the existing zoning and the adopted system of benefits and guarantees pursued two goals: 1) compensation for living and working in extreme climatic conditions; 2) attraction and consolidation of the population in the regions of the Far North and localities equivalent to them.
The migration balance between the North and the "materik" in different historical periods serves as an assessment of the effectiveness of the state policy on zoning and granting of benefits and guarantees to the population. In recent decades, and especially in the 2000-s, the migration balance has become negative [10, Fauzer V.V., Lytkina T.S., pp. 141–149].
In conclusion of the article we would like to draw attention to two more points. First, state preferences at all stages of development and living conditions of the North helped to attract and consolidate the population in these harsh territories. It is arguable that only with a stable / permanent population can develop the northern and arctic territories of the country and make them sustainable [11, Fauzer V.V., Lytkina T.S., Fauzer G.N., pp. 229–234]. At present, benefits and guarantees do not fully fulfill their function. Secondly, in recent years, the Russian government has paid more attention to the land areas of the Arctic Zone of the Russian Federation. There is a fear that the northern territories not included in the Arctic will once again become distant or "separated" from the state's finances, material resources, attention and protectionism.
Список литературы State preferences for the people in remote and northern territories of Russia
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