Екатерина Чернявская
Madhourses / Depositphotos.com
Член Совета Федерации Вячеслав Тимченко и группа депутатов Госдумы считают необходимым дать возможность юрлицам обращаться в вышестоящие инстанции ФСС России. Таким образом, в отношении указанных обращений может быть предусмотрено их рассмотрение в апелляционном досудебном порядке. Причем предполагается, что срок вступления в силу обжалуемых актов будет приостанавливаться до принятия решения по апелляционным жалобам1. Отметим, что в настоящий момент положениями Федерального закона от 24 июля 1998 г. № 125-ФЗ «Об обязательном социальном страховании от несчастных случаев на производстве и профессиональных заболеваний» досудебное обжалование в сфере социального страхования от несчастных случаев на производстве и профессиональных заболеваний не предусмотрено.
Планируется, что вышестоящий орган страховщика будет правомочен отказать в приеме апелляционной жалобы в случае:
ее неподписания лицом, подавшим жалобу, или его представителем либо непредставления оформленных в установленном порядке документов, подтверждающих полномочия представителя на ее подписание; несоблюдения установленных условий признания действительности усиленной квалифицированной электронной подписи заявителя, выявленное в результате ее проверки; ее подачи после истечения установленного срока при отсутствии ходатайства о его восстановлении или отказа в восстановлении такого срока.
В случае принятия закон вступит в силу со дня его официального опубликования. При этом уточняется, что если жалоба будет подана на акты ненормативного характера территориального органа страховщика либо действия или бездействие его должностных лиц до дня вступления закона в силу, то его положения в отношении такой жалобы применяться не будут. Однако предполагается, что он будет распространяться на апелляционные жалобы в отношении актов ненормативного характера территориального органа страховщика, поданные до дня его вступления в силу. Одна из целей предлагаемого нововведения – ускорить рассмотрение соответствующих споров по сравнению с обычным судебным порядком.
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1 С текстом законопроекта № 681185-7 «О внесении изменений в Федеральный закон от 24 июля 1998 года № 125-ФЗ «Об обязательном социальном страховании от несчастных случаев на производстве и профессиональных заболеваний» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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