Елена Самтынова
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Приказом Минтруда России от 20 февраля 2020 г. № 72н, опубликованным сегодня на официальном портале правовой информации, установлена величина прожиточного минимума за IV квартал 2019 года1:
в целом по стране на душу населения – 10 609 руб.; для трудоспособного населения – 11 510 руб.; пенсионеров – 8788 руб.; детей – 10 383 руб.
Напомним, за III квартал 2019 года показатель прожиточного минимума составлял: на душу населения 11 012 руб., для трудоспособного населения – 11 942 руб., пенсионеров – 9090 руб., детей – 10 838 руб. В целом в сравнении с предыдущим периодом (III кварталом 2019 года) его величина уменьшилась: в целом на душу населения на 3,7%, для трудоспособного населения – на 3,6%, для пенсионеров – на 3,3%, для детей – на 4,2%.
Является ли несоответствие размера пенсии прожиточному минимуму обстоятельством, освобождающим должника от исполнения судебного решения? С правовыми позициями судов по данному вопросу ознакомьтесь в «Энциклопедии судебной практики» системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Согласно п. 1 ст. 2 Федерального закона от 24 октября 1997 г. № 134-ФЗ «О прожиточном минимуме в Российской Федерации» прожиточный минимум в целом по РФ предназначается для оценки уровня жизни населения при разработке и реализации социальной политики и федеральных социальных программ, обоснования устанавливаемых на федеральном уровне МРОТ, а также для определения устанавливаемых на федеральном уровне размеров стипендий, пособий и других социальных выплат, формирования федерального бюджета, других установленных федеральным законом целей. Как ранее писал портал ГАРАНТ.РУ, глава Минтруда России Антон Котяков пояснял, что в целях обоснования размера социальных выплат используется среднегодовое значение прожиточного минимума. Так, МРОТ определяется по размеру прожиточного минимума трудоспособного населения в целом по РФ за второй квартал предыдущего года. Например, МРОТ на 2020 год равен размеру прожиточного минимума трудоспособного населения за второй квартал 2019 года – 12 130 руб. (ст. 1 Федерального закона от 19 июня 2000 г. № 82-ФЗ «О минимальном размере оплаты труда»).
Отметим, что помимо закрепления в ст. 133 Трудового кодекса нормы о том, что показатель МРОТ не может быть ниже величины прожиточного минимума трудоспособного населения, Законом РФ о поправке к Конституции РФ от 14 марта 2020 г. № 1-ФКЗ «О совершенствовании регулирования отдельных вопросов организации и функционирования публичной власти» предлагается внести данное положение в ст. 75 Конституции Российской Федерации, о чем портал ГАРАНТ.РУ рассказывал ранее.
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1 С текстом приказа Минтруда России от 20 февраля 2020 г. № 72н «Об установлении величины прожиточного минимума на душу населения и по основным социально-демографическим группам населения в целом по Российской Федерации за IV квартал 2019 года» можно ознакомиться на официальном интернет-портале правовой информации (номер опубликования: 0001202003240001).
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