1. CONSTITUTIONAL LAW, MUNICIPAL LAW (SPECIALTY 12.00.02)
1.1. DEFORMATION OF MILITARY PENSIONS IN RUSSIA IN 1990-2011
Khmelevsky Sergey Vladimirovich, Ph.D., Associate Professor. Email: [email protected]
Abstract: The article is devoted to the study of pension provision for military personnel in post-Soviet Russia. It, in particular, established that as a result of changes in military-social legislation, Russian military pensioners actually lost many socially significant benefits and guarantees previously provided for by laws and other regulatory legal acts of the former USSR. Their state pension provision turned out to be distorted and unable to adequately respond to inflation. Pensions in the Russian Ministry of Defense in monetary terms have become several times less than those of former officials and pensioners of other “security” departments.
Key words: military pension; military
social legislation; pension reform; pension system; state pension provision.
DEFORMATION OF MILITARY PENSION IN RUSSIA IN 19902011 YEARS
Khmelevsky Sergey Vladimirovich, PhD at law, associate professor. Email: [email protected]
Annotation: Article devoted to the study of pension "s provision of military serviceman in the post-Soviet Russia. In it, in particular, found, that due to changes in military-social legislation the Russian military pensioners lost many of socially significant privileges and guarantees, provided by the earlier laws and other normative acts of the Soviet Union. Their state-pension"s provision was deformed, unable to adequately respond to inflation. Pensions in the Russian Defense Ministry in monetary terms are several times lower than that of former civil servants and pensioners of other “powerful” agencies.
Keywords: military pension; military-social legislation; pension reform; pension system; state-pension's provision.
In the early 1990s, Russian military pensioners were considered normally protected in economic and legal terms. Military pensions in our country in monetary terms were approximately an order of magnitude lower than the pensions of military personnel in the United States and other economically developed Western countries, but were several times higher than the pensions of various categories of citizens of the USSR (RSFSR - Russia), including employees of civil public authorities, were clearly and proportionally indexed simultaneously with the increase in the pay of military personnel1. On
1In particular, having served in the Soviet Army or Navy for 20-25 calendar years, a senior officer was transferred to the reserve or retired in 1990 (with the military rank of “major” / “captain 3rd rank” / - “colonel / “captain 1st rank” "/), received a state pension pension equal to approximately 70-75% of the salary of the corresponding categories of military personnel, approximately 1.9-2.2 times higher than the average salary in the country and approximately 2.3-2.6 times higher than -
Our veterans of military service were extended many socially significant benefits, which they had the right to use already if they had 20 or more years of military service behind them in calendar and (or) preferential terms.
Subsequently, especially in the 2000s, the situation began to gradually change due to the fact that in the repeatedly reformed national pension system of Russia, systems emerged based on, respectively, labor, social pensions, and state pensions, among which there are fundamental differences due to specific mechanisms of their formation and regulation. The pension reform further differentiated these systems, depending, for example, on the type of public service, where it is currently customary to distinguish: civil service (state and municipal), military service and law enforcement service.
At the same time, pensions - in particular and social guarantees in general - for state civil servants at the federal and regional levels, judges, staff members of the prosecutor's office, the Investigative Committee of the Russian Federation, and some other categories of law enforcement officers were noticeably increased. Their state pension provision has not only improved quantitatively, but also qualitatively, and therefore it is not surprising that monthly pension payments to a number of former high-ranking officials in post-Soviet Russia reach several hundred thousand rubles2.
And, on the contrary, as a result of changes in military-social legislation carried out, as a rule, unnoticed by the bulk of military personnel in 2000-2011, they de facto lost many socially significant guarantees established earlier by legislative and other normative acts of the former USSR, and the system their state
the current average pension, which was paid to employees and officials (there was no division of pensions into labor and state pensions for civil servants at that time). In concrete monetary terms, such a “Soviet” military pension was 230-260 full “Soviet” rubles (or $270-300). For comparison: the average salary of a qualified engineer was 120 rubles, the average pension in the USSR was 90 rubles. That same year, pensions for senior officers in the US military ranged from $1,723 to $3,789. See: Korovnikov A.V. Social protection of military personnel: formation, development and legal regulation. - M., 1995; Starikov V., Budakov D. Pension provision for US military personnel // Foreign Military Review. - 1990. - No. 6.
2The pension of the former mayor of Moscow Yu.M. Luzhkov, dismissed from office by decree of the President of Russia D.A. Medvedev due to “loss of trust,” exceeds the all-Russian one by 32.5 times and reaches 247 thousand rubles per month //Dmitrienko D., Myazina E. Luzhkov’s pension may be 32.5 times higher than the all-Russian one //Vedomosti. - 09/30/2010. The State Assembly of the Republic of Bashkortostan adopted a law guaranteeing the former head of Bashkiria M.G. Rakhimov to receive monthly pension payments in the amount of 750 thousand rubles //Rodin I. Dear pensioner Murtaza Rakhimov. Unprecedented pension payments have been established for the outgoing president of Bashkiria // Nezavisimaya Gazeta. -
07/16/2010. The first president of Tatarstan, M.Sh. Shaimiev, upon retirement, received a monthly lifelong pension equivalent to 351.8 thousand rubles //RIA-Novosti -
07/16/2010 //http://news.mail.rU/inregions/volgaregion/2/4120659.
pension provision, as has happened more than once in the history of our country, having become the basis for the formation of a state pension system for civil servants3, began to deform for the worse compared to its counterpart that existed in the last years of the USSR4.
Thus, on the basis of Article 43, which was in force until the end
2011 edition of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service...”, for calculating pensions for military personnel under state pension provision in the manner determined by the Government of Russia, the following were taken into account:
1) salaries according to position, military or special rank (without taking into account the increase in salaries for service in remote, high-mountainous areas and in other special conditions);
2) percentage bonus for length of service, including payments in connection with indexation of salary5.
Based on Article 49 of the same version of the Law, pensions assigned to military personnel were subject to review if any of the following grounds arose, including those that arose simultaneously:
1) when increasing the monetary allowance of military personnel - based on the level of increase in the monetary allowance of the relevant categories of military personnel taken into account when calculating pensions simultaneously with its increase;
2) with an increase in the estimated amount of the pension provided for in Part 1 of Article 46 of this Law, simultaneously with its increase6.
It is no coincidence that the author focused attention on the version of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service,” which was in force until the end of 2011, since it was already significantly different from previous editions. The fact is that from the moment of its adoption until the end of 2011, over three dozen complex changes were introduced into this Law7! IN
3For example, during the reign of Russian Emperor Nicholas I (life: 1796-1855), the pension system for officials was sharply “adjusted” to the standards of the pension system for military personnel, as a result of which the first received positive development, and the second almost “bent.”
4This is despite the fact that, in accordance with a number of international treaties concluded within the CIS, the level of pension provision for military personnel established by the legislation of the member states of the Commonwealth cannot be lower than the level previously established by legislative and other regulatory legal acts of the former USSR //Agreement on Procedure pension provision for military personnel and their families and state insurance for military personnel of the CIS member states (Tashkent, 05/15/1992) // Bulletin of International Treaties. - 1994. - No. 6; Agreement between the CIS member states on social and legal guarantees for military personnel, persons discharged from military service, and members of their families (Minsk, 02/14/1992) // Commonwealth. - 1992. - No. 2.
5Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" // Russian newspaper (federal issue). - 02/26/1993; Consultant Plus. - 2012. - March 20.
6Article 49 of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service.” as amended by the Federal Law of Russia dated December 3, 2007 No. 319-FZ.
7 Changes to the Law under consideration are successively introduced
were subject to federal laws of Russia dated: November 28, 1995 No. 186-FZ;
As a result, the content of a number of articles of the Law (including Article 49) has radically changed, and not for the better for military pensioners.
For comparison: in accordance with the earlier version of Article 49 of the Law, pensions assigned to military personnel were subject to revision:
a) when the cost of living and wages increase - in accordance with the legislation of the Russian Federation on the indexation of cash income and savings of the population;
b) when increasing the monetary allowance of military personnel - based on the level of increase in the monetary allowance of the corresponding categories of military personnel taken into account when calculating pensions simultaneously with its increase;
c) upon an increase in the minimum old-age pension established by federal law.
As we can see, the following were excluded from the grounds for revising pensions assigned to military personnel transferred to the reserve or retired: an increase in the cost of living and wages and an increase in the minimum old-age pension established by federal law.
In addition, the interconnection of legal norms was violated, according to which the amounts of pay for military personnel serving under contract and, accordingly, military pensions were subject to revision in proportion to the increase in salaries of the corresponding categories of civil servants (at the same time, the amounts of pay for military personnel were to be revised by the Government of Russia in the procedure and terms provided for federal civil servants / clause 2 of article 12 of the Federal Law of the Russian Federation of May 27, 1998 No. 76-FZ “On the status of military personnel”8, article 6 of the Federal Law of the Russian Federation of June 19, 2000 No. 82 -Federal Law “On the minimum wage”9/).
In fact, this relationship has been repeatedly violated. Thus, during the period 01/01/1995 - 02/28/1998, military pensioners did not have their pensions revised due to a 25% increase in the official salaries of military personnel. The Russian government postponed the resolution of this conflict indefinitely. In October 2007, one of them reported this violation of the rights of military pensioners to the Head of our state during a “direct line”. The issue of revising military pensions was resolved “retroactively”, only thanks to the personal intervention of the President of Russia, who on October 18, 2007 promulgated Decree No. 1373c “On certain measures to ensure social security”
December 27, 1995 No. 211-FZ; 12/19/1997 No. 153-FZ; 07/21/1998 No. 117-FZ; 01.06.1999 No. 110-FZ; 06.12.2000 No. 141-FZ; 04/17/2001 No. 47-FZ;
December 30, 2001 No. 194-FZ; 01/10/2002 No. 3-FZ; 04.03.2002 No. 22-FZ;
05.29.2002 No. 60-FZ; 06/12/2002 No. 68-FZ; 06/30/2002 No. 78-FZ;
07/25/2002 No. 116-FZ; 01/10/2003 No. 2-FZ; 06/30/2003 No. 86-FZ;
06/29/2004 No. 58-FZ; 08/22/2004 No. 122-FZ (as amended by
December 29, 2004 No. 199-FZ); 02.02.2006 No. 20-FZ; December 21, 2006 No. 239-FZ; 12/30/2006 No. 272-FZ; 01.12.2007 No. 311-FZ; 03.12.2007 No. 319-FZ;
02/13/2008 No. 3-FZ; 05/08/2008 No. 64-FZ; 07/22/2008 No. 156-FZ;
04/28/2009 No. 70-FZ; 07/24/2009 No. 213-FZ; 09.11.2009 No. 253-FZ;
06/21/2010 No. 122-FZ; 12/10/2010 No. 354-FZ; 07/01/2011 No. 169-FZ;
07.19.2011 No. 247-FZ //ConsultantPlus. - 2012. - March 20. 8Federal Law of the Russian Federation dated May 27, 1998
No. 76-FZ “On the status of military personnel” // SZ RF. - 1998. - No. 22. -Art. 2331; Consultant Plus. - 2012. - March 20.
9Federal Law of the Russian Federation dated June 19, 2000 No. 82-FZ “On the minimum wage” // SZ RF. -2000. - No. 26. - Article 2729; Consultant Plus. - 2012. - March 20.
shields for certain categories of pensioners"10, to which the Russian Government was instructed to provide persons who had previously served in military service with a one-time additional payment to their military pensions in connection with an increase in official salaries for military personnel by 25% for the period 01/01/1995 - 02/28/199811.
Further, from 03/01/2005, an increase was made in the monetary allowance of military personnel through the introduction of a monthly bonus in the amount of one official salary, but this bonus was not taken into account when calculating and recalculating military pensions12. In the same year, the size of the bonus for the complexity and intensity of service was increased for military personnel (in the capital region up to 200% of the official salary), however, this was not taken into account when calculating and recalculating military pensions13. The situation was similar with regard to numerous other allowances, bonuses, and incentive payments to military personnel who were active until the end of 201114.
As a result, Russia has developed the practice of increasing the level of pay for military personnel through the introduction of allowances and other additional payments to their pay through various by-laws and regulatory legal acts. The basis of the specified content - salaries according to position, military or special rank - remained, in fact, without revision adequate to inflation in the country and, therefore, the legally provided recalculation towards increasing military pensions was not carried out properly, and their replacement rate sharply decreased.
Until recently, the calculation of pensions assigned to persons who served in military service included the actual value of the food rations issued to them (cash compensation for food rations). During the period 01/01/2000 - 31/11/2007, the calculation included a clearly underestimated amount of money: 20 rubles per day. Most military pensioners put up with this state of affairs, but thousands went to court and won their cases15. This became the subject of consideration by the Constitutional Court of Russia, which, in its decision dated December 14, 2004 No. 429-O, recognized that the concept of “monetary allowance for calculating pensions for military personnel” differs from the concept of “monetary allowance”
10Decree of the President of Russia dated October 18, 2007 No. 1373c “On some measures to ensure social protection of certain categories of pensioners” // RG (federal issue). - 10.20.2007.
11For more information about this, see: Gatsko M.F. Social and legal problems of pension provision for military personnel // Strategic Stability. - 2005. - No. 2 (31). - P.41-42.
12Decree of the President of Russia dated February 18, 2005 No. 177 “On monthly monetary incentives for certain categories of military personnel and employees with special ranks” // RG (federal issue). - 02/25/2005; Consultant Plus. - 2012. - March 20.
13See: Order of the Minister of Defense of Russia dated 02/05/2005 No. 33 “On the establishment of salaries for military positions of military personnel serving under a contract, and on the payment of a monthly allowance for the complexity, intensity and special regime of military service for certain categories of military personnel” // RG (federal release). - 03/03/2005.
14See, for example: Order of the Minister of Defense of Russia dated
02/24/2011 No. 400 “On additional payments to officers undergoing military service in associations, formations and military units of the Armed Forces of the Russian Federation in 2011” //ConsultantPlus. - 2012. - March 20.
15According to the auditor of the Accounts Chamber of Russia A.A. Piskunov,
in 2004-2005, the courts accepted 5 thousand positive
decisions on claims for compensation of the real cost of food rations.
The awarded amounts of monetary compensation for prodpa-
ek amounted to 60 thousand rubles // Zhirnova I. Accounts Chamber
issued an invoice //Red Star. - 10/19/2005.
nal allowance for military personnel”, enshrined in Articles 12 and 13 of the Federal Law “On the Status of Military Personnel”, and has an independent regulatory and legal significance for the purposes of calculating and revising military pensions: an increase in any component of the monetary allowance of military personnel for calculating their pension under state pension provision, in including the cost of food rations as a specific form of food supply for military personnel, also necessitates the revision of military pensions16.
It is significant that, according to a group of deputies of the State Duma of the Federal Assembly of the Russian Federation, by the end of 2007, the state’s debt to military pensioners (those who did not go to court) in terms of unpaid compensation for food rations reached 100 billion rubles. (for comparison: this is slightly less than 1/8 of the country’s defense spending provided for by the federal budget in 2007 in the amount of 822 billion rubles)17.
The Russian government responded to the current situation inadequately. He, in particular, initiated changes to the regulatory legal acts regulating the monetary allowance and food supply of military personnel, full-time employees of some federal executive bodies and their pension provision, according to which, from December 1, 2007, the cost of food rations is included in the monetary allowance taken into account for calculation of pensions, was no longer included, but, nevertheless, was preserved - by “absorbing” it with the salary of a military (special) rank. The calculation of salary for a military (special) rank did not include the actual cost of food rations (according to expert calculations, amounting to -2000-4000 rubles in 2001-2007), but, again, its underestimated cost - 608 rubles. per month or 20 rubles. per day. It was stated that with the “absorption” of monetary compensation for food rations by the salary of a military (special) rank, it (compensation) will be automatically indexed when his (salary) is indexed18.
Based on Article 22 of the Federal Law of the Russian Federation of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”19, employers pay insurance contributions for their employees to the budget of the Pension Fund of the Russian Federation (PFR). These contributions are then reflected in the individual personal accounts of employees and are taken into account when calculating and recalculating their labor
16Definition of the Constitutional Court of Russia dated December 14, 2004 No. 429-O “At the request of the Kaliningrad Regional Duma and complaints from citizens R.A. Stepanov and V.E. Tyulpin about the violation of constitutional rights and freedoms by the provisions of paragraph 13 of Appendix 3 to the Federal Law “On the Federal budget for 2000", clause 8 of Appendix 4 to the Federal Law "On the Federal Budget for 2001", clause 5 of Appendix 9 to the Federal Law "On the Federal Budget for 2002", Articles 97 and 128 of the Federal Law "On the Federal Budget for 2003" and so on. 34 clause 1 of Appendix 20 to this Federal Law, Articles 102 and 144 of the Federal Law “On the Federal Budget for 2004” and sub. 37 clause 1 of Appendix 20 to this Federal Law” // Bulletin of the Constitutional Court of the Russian Federation. - 2005. -№2.
17 Gafutulin N. Pike’s tsutsvang // Red Star. -
18Gatsko M.F. Legal support for the construction of the Armed Forces of the Russian Federation. - M., 2008. - P.257.
19Federal Law of the Russian Federation dated December 15, 2001 No. 167-FZ “On compulsory pension insurance in the Russian Federation” // SZ RF. - 2001 - No. 51. - Art. 4832; Consultant Plus. - 2012. - March 20.
pension established on the basis of the Federal Law of the Russian Federation of December 17, 2001 No. 17E-FZ “On Labor Pensions in the Russian Federation”20. Military pensioners working under an employment agreement (contract) and receiving a pension under state pension provision in accordance with the Law of Russia dated February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service.”, did not have the opportunity to receive the insurance part of their labor pensions taking into account insurance contributions reflected in their individual personal accounts. The absurdity of the situation was obvious insofar as insurance premiums are “individually compensated compulsory payments that are paid to the budget of the Pension Fund of the Russian Federation and the personal purpose of which is to ensure the right of a citizen to receive a pension under compulsory pension insurance in an amount equivalent to the amount of insurance contributions taken into account on his individual personal account" (Article 3 of the Federal Law of Russia dated December 15, 2001 No. 167-FZ "On compulsory pension insurance in the Russian Federation").
A situation arose when working military pensioners participated in the pension reform only as “donors” and not full-fledged participants. This prompted many of them to defend their rights in court. The case reached the Constitutional Court of Russia, where a complaint was made, in particular, by military pensioner V.V. Naumchik, who has the insurance period required for the assignment of a labor pension and the appropriate age, but was refused by the Pension Fund of the Russian Federation to accrue a second pension to him (the insurance part old-age labor pension).
In his complaint to the Constitutional Court of Russia, he challenged the constitutionality of paragraphs 2 and 3 of Article 3 of the Federal Law of Russia of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”21, according to which citizens who are entitled to different pensions (for example , labor or state pension provision), as a general rule, have the right to choose from them the one that suits them best. The court agreed with the applicant’s arguments, making a decision according to which the legislator should, no later than 01/01/2007, provide a legal mechanism guaranteeing payment to military pensioners working under an employment contract, in addition to the military pension under the state pension provision, and the insurance part of the labor pension, taking into account insurance contributions reflected in their individual personal accounts in the Pension Fund22.
The legislator did not meet the deadline of January 1, 2007, later adopting the Federal Law of the Russian Federation dated July 22, 2008 No. 156-FZ “On Amendments to Certain Legislative Acts of the Russian Federation.”
20Federal Law of the Russian Federation dated December 17, 2GG1 No. 173-FZ “On Labor Pensions in the Russian Federation” // SZ RF. - 2GG1. - No. 52. - Part 1. - Art. 4920; Consultant Plus. - 2G12. - March 2G.
21Federal Law of the Russian Federation dated December 15, 2GG1 No. 166-FZ “On State Pension Provision in the Russian Federation” //SZ RF. - 2GG1. - No. 51. - Art. 4831; Consultant Plus. - 2G12. - March 2G.
22 Determination of the Constitutional Court of Russia dated 11.G5.2GG6 No. 187-O “According to the complaint of citizen Naumchik V.V. for violation of his constitutional rights by the provisions of paragraphs 2 and 3 of Article 3 of the Federal Law “On State Pension Security in the Russian Federation” // Bulletin of the Constitutional Court of the Russian Federation. - 2GG6. - No. 5.
radio on pension issues”23, on the basis of which military pensioners now have the right to simultaneously receive a state pension pension (for long service or disability) and an old-age labor pension (with the exception of its basic part).
But, firstly, despite the fact that the Law came into force from the date of its official publication (07/25/2008), its effect extends only to the relevant social relations that arose from 01/01/2007: it is not clear what to do with calculation, calculation and a revision of the labor pensions of working military pensioners, taking into account the insurance contributions reflected before the specified date on their individual personal accounts in the Pension Fund, that is, accumulated, say, for the period 2002-2006.
Secondly, a military pensioner must have an officially confirmed insurance record of at least 5 years, during which he should have been accrued a “white” salary, and the employer should have paid the corresponding insurance contributions to the Pension Fund on a monthly basis.
Thirdly, a military retiree needs to achieve general civilian retirement age(60 years for men and 55 years for women)24.
As of mid-2010, there were about 1.5 million former military personnel registered with the military commissariats of Russia, about 519 thousand received pensions below the average level of labor pensions (46% of the total number of military pensioners), and the average pension of a reserve officer was about 7 thousand rubles In general, the average size of state pensions for citizens discharged from military service amounted to 25-30% of the total pay for military personnel25. Pensions in the Russian Ministry of Defense turned out to be significantly less than those of former officials and pensioners of other “security” departments and orders of magnitude less than those of military personnel in the United States and other economically developed Western countries26. But, our military pen-
23Federal Law of the Russian Federation dated July 22, 2008 No. 156-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Pension Issues” //RG (federal issue). - 07/25/2008.
24It is no coincidence that military-social legislation provides for a special age that gives military personnel the right to receive a pension under the state pension provision: the hardships of military service, premature so-called “wear and tear of the body” that occurs as a result of military injuries, chronic stressful situations, etc. - these are the realities of life, based on which the relevant legal norms have been adopted and are in effect. According to expert estimates, average age retirement of contract military personnel under state pension provision is 44.1 years, including disability pension due to war trauma- 42.4 years //Maleeva T.M., Sinyavskaya O.V. Pension reform in Russia: history, results, prospects. Analytical report /Independent Institute for Social Policy. - M., 2005. - P.36.
25Data from the head of the Center for Military Forecasting A. Tsyganka // Turchenko S., Dmitriev A. 7 thousand rubles. for service to the Motherland. A mass refusal of retired officers from military pensions began in protest against miserable payments // Free Press. - 06/08/2010.
26For comparison: today military pensions in the United States are calculated on the basis of the monthly basic pay (BSA), determined primarily by military rank (for example, the BSA of officers, taking into account length of service, is $2784-18937, warrant officers - $2721-8926, sergeants, petty officers and privates - $1468-7196), and length of service. To calculate a military pension, a coefficient of 2.5% is used, by which the length of military service is multiplied. In general, all categories of persons transferred to the reserve
Zionists who have reached the general civil retirement age are encouraged to rely on a second pension, which rarely exceeds 1 thousand rubles.
By providing military pensioners with the opportunity to receive the insurance part of their old-age pension, the state, therefore, seeks to keep them in the labor market. After all, the desire of many military veterans to work after transfer to the reserve or retirement is a forced necessity caused by the high cost of living and the relatively low size of military pensions. The right to a labor pension upon reaching the general civil retirement age is claimed by them until the size of their state pensions reaches a standard of living worthy of the defenders of the Motherland. If this happens, then 70% of working military pensioners will retire27.
In 2011, two federal laws were adopted: “On the monetary allowance of military personnel and the provision of separate payments to them”28; “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On monetary allowances for military personnel and the provision of certain payments to them” and the Federal Law “On social guarantees for employees of internal affairs bodies of the Russian Federation” and introducing amendments to certain legislative acts of the Russian Federation"29. The first person of the state has already announced that as of January 1, 2012, military pensions have been increased by 1.6 times30.
In fact, the leadership of the country has given the Russian Ministry of Defense “carte blanche” to carry out the largest financial reform of the Russian Army and Navy. Moreover, its initiators, referring to the so-called Strategy
after 20 years of military service, they receive a pension in the amount of 50% of the BMI. With 30 years of service, this figure increases by 25%. There are currently more than 1.4 million retired military personnel in the United States, with an average age of 40-something years. For more details, see: Ivanov V. The Pentagon’s most important concern is the people who serve and have served America. The US Department of Defense annually increases salary and additional payments to its wards // Independent Military Review. - 07/08/2011; Nesterovich E. Military duty and material incentives. Privileges of military personnel: theirs and ours //Military Industrial Courier. - 11/12/2008. - No. 44(260).
27Fedotov A.I. Improving the pension system for persons who served in the Armed Forces of the Russian Federation. - M., 2006. - P.12.
28Federal Law of the Russian Federation dated November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and providing them with individual payments” // RG (federal issue). -
29Federal Law of Russia dated November 8, 2011 No. 309-FE “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On monetary allowances for military personnel and the provision of certain payments to them” and the Federal Law “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” // RG (federal issue). - 11.11.2011.
30 “The pensions of all military pensioners, regardless of their departmental affiliation, have been increased from January 1 of this year by 1.6 times. In the future, "military pensions" will be annually
increase, and by at least two percent above the level
inflation" //Putin V.V. To be strong: guarantees of national security for Russia // RG (federal issue). -
social development The Armed Forces of the Russian Federation until 2020, publicly assure Russian citizens that our military pensioners will live much better than before31.
In fact, at the end of 2011, at a meeting with newly elected deputies of the lower house of the Russian Parliament, Deputy Minister of Defense of Russia for financial and economic work V.E. Chistova announced the main directions of this reform: abolish all socially significant benefits for military personnel, military pensioners and their members families; eliminate the proportional link between the increase in military salaries and military pensions, legalize the large gap between them - against the background of a minimum 3-fold increase in military salaries, increase military pensions by an average of 50-70%.
Admiral V.P. Komoyedov, former Commander of the Black Sea Fleet of the Russian Navy, now a member of the Defense Committee of the State Duma of the Federal Assembly of the Russian Federation, compared the “Chistovaya formulas” with the ever-memorable 122nd law on the “monetization” of benefits32, paying special attention to , that “for the limited, remaining in the new guise, officer corps, the salary will indeed increase significantly, taking into account the instructions given by the President of Russia that the salary of a platoon commander should average more than 50 thousand rubles per month, and a battalion commander - more than 100 thousand rubles,” but “our military pensioners will live even worse”33. And it looks like he's right.
Bibliography:
Gavrilov Yu. Service with allowances: an exclusive interview with Rossiyskaya Gazeta from the Deputy Minister of Defense of the Russian Federation for Financial and Economic Work V. Chistova // Rossiyskaya Gazeta (federal issue). - 2010. - April 22.
Gafutulin N. Pike’s tsutsvang // Red Star. -
Gatsko M.F. Legal support for the construction of the Armed Forces of the Russian Federation. - M.: Flint; Science, 2008. - 342 p.
Gatsko M.F. Social and legal problems of pension provision for military personnel // Strategic Stability. - 2005. - No. 2 (31). - P.39-44.
31This Strategy, in particular, provides for achieving 80 percent of the pensions of citizens discharged from military service from the amount of pay for military personnel //Red Star. - 05/27/2009. See also: Gavrilov Yu. Service with allowances: an exclusive interview with Rossiyskaya Gazeta by the Deputy Minister of Defense of the Russian Federation for Financial and Economic Work V. Chistova // RG (federal issue). -
32Federal Law of the Russian Federation dated August 22, 2004 No. 122-FZ (as amended on December 30, 2004) “On Amendments to Legislative Acts of the Russian Federation and Recognition of Some Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions” to the Federal Law “On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and “On the General Principles of the Organization of Local Self-Government in the Russian Federation.” For more information about it, see: Lebedeva N. 122nd Law: legal and social consequences // Man and labor. - 2005. - No. 4.
33Cit. from: Kolesov G.B., What awaits military pensioners in 2012 //ypensioner.ru. - 02/10/2012.
Dmitrienko D., Myazina E. Luzhkov’s pension may be 32.5 times higher than the all-Russian one //Vedomosti. -2010. - September 30th.
Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the criminal executive systems, and their families" (current edition) // Rossiyskaya Gazeta (RG). - 1993 - February 26; Consultant Plus. - 2012. - March 20.
Ivanov V. The Pentagon's most important concern is the people who serve and have served America. The US Department of Defense annually increases salary and additional payments to its wards // Independent Military Review. - 2011. - July 8.
Kolesov G.B., What awaits military pensioners in 2012 //ypensioner.ru. - 02/10/2012.
Korovnikov A.V. Social protection of military personnel: formation, development and legal regulation. - M.: Diamant SV, 1995. - 206 p.
Lebedeva N. Law 122: legal and social consequences // Man and labor. - 2005. - No. 4.
Maleeva T.M., Sinyavskaya O.V. Pension reform in Russia: history, results, prospects. Analytical report. - M.: Publishing house "Pomatur", 2005. -76 p.
Nesterovich E. Military duty and material incentives. Privileges of military personnel: theirs and ours // Military-industrial courier. - 2008. - No. 44 (260). -November 12.
Determination of the Constitutional Court of the Russian Federation dated May 11, 2006 No. 187-O “On the complaint of citizen Naumchik Vyacheslav Viktorovich about the violation of his constitutional rights by the provisions of paragraphs 2 and 3 of Article 3 of the Federal Law “On State Pension Security in the Russian Federation”” //Bulletin of the Constitutional Ships of the Russian Federation. - 2006. - No. 5.
Determination of the Constitutional Court of the Russian Federation dated December 14, 2004 No. 429-O “At the request of the Kaliningrad Regional Duma and complaints from citizens R.A. Stepanov and V.E. Tyulpin about the violation of constitutional rights and freedoms by the provisions of paragraph 13 of Appendix 3 to the Federal Law" On the Federal Budget for 2000", paragraph 8 of Appendix 4 to the Federal Law "On the Federal Budget for 2001", paragraph 5 of Appendix 9 to the Federal Law "On the Federal Budget for 2002", Articles 97 and 128 of the Federal Law "On the Federal Budget for 2003" and subparagraph 34 of paragraph 1 of Appendix 20 to this Federal Law, articles 102 and 144 of the Federal Law "On the Federal Budget for 2004" and subparagraph 37 of paragraph 1 of Appendix 20 to this Federal Law" // Bulletin of the Constitutional Court of the Russian Federation. - 2005. - No. 2.
Order of the Minister of Defense of the Russian Federation dated February 24, 2011 No. 400 “On additional payments to officers undergoing military service in associations, formations and military units of the Armed Forces of the Russian Federation in 2011” (registered with the Ministry of Justice of the Russian Federation on March 28, 2011 No. 20304)
Order of the Minister of Defense of the Russian Federation dated February 5, 2005 No. 33 “On the establishment of salaries for military positions of military personnel serving under a contract, and on the payment of a monthly bonus for the complexity, intensity and special regime of military service for certain categories of military personnel” // Russian newspaper
Putin V.V. To be strong: guarantees of national security for Russia // RG (federal issue). -2012. - February 20th.
RIA-Novosti - 07/16/2010 //http://news.mail.ru/inregi ons/volgaregion/2/4120659.
Rodin I. Dear pensioner Murtaza Rakhimov. Unprecedented pension payments have been established for the outgoing president of Bashkiria // Nezavisimaya Gazeta. -2010. - July 16.
Agreement between the member states of the Commonwealth of Independent States on social and legal guarantees for military personnel, persons discharged from military service, and members of their families (Minsk, February 14, 1992) // Information bulletin of the Council of Heads of State and the Council of Heads of Government of the Commonwealth of Independent States " Commonwealth." - 1992. - No. 2.
Agreement on the procedure for pension provision for military personnel and their families and state insurance of military personnel of member states of the Commonwealth of Independent States (Tashkent, May 15, 1992) // Bulletin of International Treaties. -
Starikov V., Budakov D. Pension provision for US military personnel // Foreign Military Review. - 1990. - No. 6 - P.71-74.
Strategy for social development of the Armed Forces of the Russian Federation until 2020 // Red Star. -
Turchenko S., Dmitriev A. 7 thousand rubles. for service to the Motherland. A mass refusal of retired officers from military pensions began in protest against miserable payments // Free Press. - 06/08/2010.
Decree of the President of the Russian Federation of February 18, 2005 No. 177 “On monthly monetary incentives for certain categories of military personnel and employees with special ranks” // RG. - 2005.
Decree of the President of the Russian Federation of October 18, 2007 No. 1373c “On some measures to ensure social protection of certain categories of pensioners” // RG (federal issue). - 2007. - October 20.
Fedotov A.I. Improving the pension system for persons who served in the Armed Forces of the Russian Federation. - M.: ShBE Publishing Group, 2006. - 168 p.
Federal Law of the Russian Federation of July 22, 2008 No. 156-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Pension Issues” // RG (federal issue). - 2008. - July 25.
Federal Law of the Russian Federation November 8, 2011 No. 309-FZ “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On monetary allowances for military personnel and the provision of certain payments to them” and the Federal Law "On Social Guarantees for Employees of Internal Affairs Bodies
Russian Federation and amendments to certain legislative acts of the Russian Federation" // RG (federal issue). - 2011. - November 11.
Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation” // Collection of legislation of the Russian Federation (SZ RF). - 2001. - No. 51. - Art. 4831; Consultant Plus. -2012. - 20th of March.
Federal Law of the Russian Federation of November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them” // RG (federal issue). - 2011. - November 09.
Federal Law of the Russian Federation of June 19, 2000 No. 82-FZ “On the minimum wage” // SZ RF. - 2000. - No. 26. - Article 2729; Consultant Plus. - 2012. - March 20.
Federal Law of the Russian Federation of May 27, 1998 No. 76-FZ “On the status of military personnel” // SZ RF. - 1998. - No. 22. - Art. 2331; Consultant Plus. - 2012.
Federal Law of the Russian Federation of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” // SZ RF. - 2001. - No. 52. - Part 1. -St.4920; Consultant Plus. - 2012. - March 20.
Federal Law of the Russian Federation of December 15, 2001 No. 167-FZ “On compulsory pension insurance in the Russian Federation” // SZ RF. - 2001
Literature list:
Determination of the Constitutional Court of the Russian Federation from December 14, 2004 No. 429-D “At the request of the Kaliningrad Regional Duma, and complaints of citizens R.A.Stepanov and V.E.Tyulpin violation of constitutional rights and freedoms of the provisions of paragraph 13 of annex 3 of the Federal law "On the Federal Budget for 2000", paragraph 8 of annex 4 to the Federal law "On the Federal Budget for 2001", paragraph 5 of annex 9 of the Federal law "On the Federal Budget for 2002" , articles 97 and 128 of the Federal law "On the Federal Budget for 2003" and subparagraph 34 paragraph 1 of annex 20 to the present Federal law, articles 102 and 144 of the Federal law "On the Federal Budget for 2004" and subparagraph 37 of paragraph 1 of annex 20 to the present Federal law” //Bulletin of the Constitutional Court of the Russian Federation. - 2005. - No. 2.
Determination of the Constitutional Court of the Russian Federation from May 11, 2006 No. 187-D “On the complaint of a citizen Vyacheslav Viktorovich Naumchik in violation of his constitutional rights provisions of paragraphs 2 and 3 of article 3 of the Federal law “On State Pensions in the Russian Federation" //Bulletin of the Constitutional Court of the Russian Federation. - 2006. - No. 5.
Dmitrienko D., Myazina E. Luzhkov's pension may exceed 32.5 times the all-Russian //The newspaper “Vedo-mosti”. - 2010. - On September 30.
Federal law of the Russian Federation from July 22, 2008 No. 156-FL “On Amendments to Certain Legislative Acts of the Russian Federation on issues of pension security” //Rossiyskaya Gazeta (federal issue). - 2005. - On July 25.
Federal law of the Russian Federation from December 17, 2001 No. 173-FL “On labor pensions in the Russian Federation” //Collected Legislation of the Russian Federation. - 2001. - No. 52. - Part 1. - St.4920; ConsultantPlus. -2012. - On Mach 20.
Federal law of the Russian Federation from December 15, 2001 No. 167-FL “On Mandatory Pension Insurance in the Russian Federation” //Collected Legislation of the Russian Federation. - 2001 - No. 51. - St.4832; Consultant-Plus. - 2012. - On Mach 20.
Federal law of the Russian Federation from December
15, 2001 No. 166-FL “On State Pensions in the Russian Federation” //Collected Legislation of the Russian Federation. - 2001. - No. 51. - St.4831; ConsultantPlus. - 2012. -On Mach 20.
Federal law of the Russian Federation from May 27, 1998 No. 76-FL “On the Status of Servicemen” //Collected Legislation of the Russian Federation. - 1998. - No. 22. -St.2331; ConsultantPlus. - 2012. - On Mach 20.
Federal law of the Russian Federation from June 19, 2000 No. 82-FL “On the Minimum Wage” //Collected Legislation of the Russian Federation. - 2000. - No. 26. - St.2729, ConsultantPlus. - 2012. - On Mach 20.
07, 2011 No. 306-FL “On the payroll of the servicemen and providing them with separate payments” //Rossiyskaya Gazeta (federal issue). - 2011. - On November 09.
Federal law of the Russian Federation from November
08, 2011 No. 309-FL “On introduction of changes to some legislative acts of the Russian Federation and the repeal of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On the payroll of the servicemen and providing them with separate payments" and the Federal Law "On social guarantees of workers of internal affairs of the Russian Federation and the repeal of certain provisions of legislative acts of the Russian Federation" // Rossiyskaya Gazeta (federal issue). - 2011. - On November 11.
Fedotov A.I. Improving the pension system for those performing military service in the Armed Forces of the Russian Federation. - M.: Editorial URSS, 2006. - 168 p.
Gacko M.F. Legal support of construction of the Armed Forces of the Russian Federation. - M.: Flinta, Science,
Gacko M.F. Socio-juridical problems of servicemen pensions //Strategic Stability. - 2005. - No. 2 (31). - P.39-44.
Gafutulin N. Meal tsutsvang //The newspaper “Red Star”. - 2007. - On June 07.
Gavrilov Y. Service for remuneration: an exclusive interview to “The Russian newspaper” Deputy Defense Minister of the Russian Federation on economic and financial work V. Chistova //Rossiyskaya Gazeta (federal issue). -
2010. - On April 22.
Ivanov V. The major concern for the Pentagon - the people who serve and have served America. The U.S. Defense Department annual pay increases and additional payments to the Trust //Independent military review.
2011. - On July 08.
Kolesov G.B. What will happen to military pensioners in
2012 //ypensioner.ru. - 02/10/2012.
Korovnikov A.V. Social protection of servicemen: formation, development and regulation. - M.: Diamante CB,
Law of the Russian Federation of February 12, 1993 No. 4468-I “On pension provision persons, those performing military service, service in the internal affairs bodies, the State Fire Service, bodies for monitoring for traffic in narcotic drugs and psychotropic substances, agencies and bodies of the correctional system, and their families” //Rossiyskaya Gazeta (federal issue). - 1993 - On February 26, ConsultantPlus. - 2012. - On Mach 20.
Lebedeva N. 122nd law: legal and social implications //Man and labor. - 2005. - No. 4.
Maleeva T.M., Sinyavskaya O.V. Pension Reform in Russia: history, results and prospects. Analytical report. -M.: Publishing house “Pomatur”, 2005. - 76 p.
Nesterovich E. Military duty and incentives. Privileges of the military: they have, and we //Military-industrial courier.
2008. - No. 44(260). -On November 12.
Order of the Minister of Defense of the Russian Federation from February 24, 2011 No. 400 “On additional payments to officers, who are performing military service in the forces, formations and units of the Armed Forces of the Russian Federation in 2011” (registered with the Ministry of Justice from March 28, 2011 No. 20304) //ConsultantPlus. - 2012. -On Mach 20.
Order of the Minister of Defense of Russian Federation from February 05, 2005 No. 33 “On the establishment of military posts on the salaries of servicemen, who are performing military service under the contract, and payment of monthly allowances for the complexity, intensity, and special treatment to certain categories of military service personnel" //Rossiyskaya Gazeta (federal issue). - 2005. -On March 03.
Presidential Decree from October 18, 2007 No. 1373s “On some measures to ensure social protection of individual categories of pensioners” // Rossiyskaya Gazeta (federal issue). - 2007. - On October 20.
Presidential Decree from February 18, 2005 No. 177 “On the monthly monetary encouragement of individual categories of military personnel and personnel with the special title” // Rossiyskaya Gazeta (federal issue). - 2005. - On February 22, ConsultantPlus. - 2012. - On March 20.
Putin V.V. Be strong: to guarantee the national security of Russia //Rossiyskaya Gazeta (federal is-sue). - 2012. -February 20.
RIA-Novosti. - 07/16/2010 //http://news.mail.ru/inregi-ons/volgaregion/2/4120659.
Rodin I. Dear Murtaza Rakhimov has retired. Outgoing President of Bashkortostan is established unprecedented pension //The Independent newspaper. - 2010. - On July
Starikov V., Budakov D. Pension security of servicemen of U.S. forces //Foreign military review. - 1990. - No. 6 -P.71-74.
Social development strategy of the Armed Forces of the Russian Federation to 2020 //The newspaper “Red Star”.
2009. - On May 27.
The agreement between the participating States Commonwealth of Independent States on social and legal guarantees of servicemen, retired from the military and their families (Minsk, February 14, 1992) //Information Bulletin of the Council of Heads of State and Heads of Government of the Commonwealth of Independent States "Commonwealth". - 1992. - No. 2.
The agreement on pensions for military personnel and their families and the state insurance troops of the Commonwealth of Independent States (Tashkent, May 15, 1992) //Bulletin of International Treaties. - 1994. - No. 6.
Turchenko S., Dmitriev A. Seven thousand rubles for service to the Motherland. There was a massive failure of retired officers from the military pension in protest against the miserable pay-out //Free Press. - 06/08/2010.
Zhirnova I. The court of auditors exposed by //The newspaper “Red Star”. - 2005. - On October 19.
As is known, the current military pension legislation establishes two different grounds for assigning a pension for long service:
Firstly, the right to a pension for long service in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-I is granted to persons who are subject to the said law, who have 20 or more years of service on the day of dismissal from service, including in preferential terms. The size of this pension in the case under consideration is 50% of the amount of the military personnel’s pay, and for each year of service over 20 years, 3% of the specified amounts of pay are paid, but in total no more than 85% of these amounts.
Secondly, a long-service pension can be assigned to the specified persons dismissed from service upon reaching the age limit for service (45 years), for health reasons or in connection with organizational and staffing events, who have a total work experience of 25 calendar years or more , of which at least 12 years and six months consists of military service, service in internal affairs bodies, service in the State Fire Service, service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, service in institutions and bodies of the penal system. The amount of this pension is for a total work experience of 25 years - 50% of the amount of the military personnel's pay, and for each year of service over 25 years - 1 percent of the amount of pay. Military personnel call this type of pension a “mixed pension” * (71).
Let us remind readers of the magazine that payment of pensions for any of the above reasons is made only after dismissal from military or equivalent service. If the first basis for assigning a pension for long service requires the presence of only two simultaneous conditions:
- fact of dismissal from military service;
- presence on the day of exclusion from the lists of a military unit of length of service (in preferential terms) of 20 years or more.
If, when assigning a pension on the first basis, controversial issues, as a rule, do not arise, since the only condition for assigning a pension is the presence of 20 years of service in case of dismissal from military service, then when assigning a pension on the second basis, there are several points that require additional clarification.
On the second basis, as Professor V.M. rightly notes. Koryakin, “the legislator established more stringent conditions for granting a pension.” To acquire the right to a long-service pension, a citizen must simultaneously meet three conditions:
reaching the age of 45 on the day of dismissal;
The absence of at least one of these conditions deprives a person dismissed from military service of the right to a pension for long service.
In the practice of pension provision for former military personnel, questions often arise about the right to a long-service pension for citizens whose compliance with all three of the above conditions for granting a pension occurs after their dismissal from service (for example, at the time of their dismissal due to organizational and staffing measures, a military personnel with a general 25 years of work experience, of which at least 12.5 years are military service, have not reached 45 years of age). Often, these citizens, upon reaching the specified age, turn to military commissariats to receive a pension. However, there are no legal grounds for assigning a long-service pension to such citizens *(72).
In accordance with paragraph "a" of Art. 1 of the Law of the Russian Federation of February 12, 1993 N 4468-1, the effect of this Law applies to persons who served in military service, service in internal affairs bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penal system in other states, and the families of these persons - provided that the contracts (agreements) on social security concluded by the Russian Federation or the former USSR with these states provide for the implementation of their pension provision in accordance with the legislation of the state in whose territory they live. By virtue of Art. 4 of the Law of the Russian Federation of February 12, 1993 N 4468-1 pension provision for persons living on the territory of the Russian Federation who served in the armed forces (armies, troops), security agencies and other military formations created in accordance with the legislation or service in the bodies internal affairs, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system of other member states of the Commonwealth of Independent States and states that are not members of the Commonwealth of Independent States with which the Russian Federation or the former USSR has concluded treaties (agreements) ) on social security, as well as the families of these persons, is carried out in the manner prescribed by these agreements. In pursuance of the provisions of the Law of the Russian Federation dated February 12, 1993 N 4468-1, the Government of the Russian Federation adopted resolution dated September 22, 1993 N 941 “On the procedure for calculating length of service, assigning and paying pensions, compensation and benefits to persons who served in military service in as warrant officers, midshipmen and military personnel of extended service or under contract as soldiers, sailors, sergeants and foremen, or service in internal affairs bodies, the state fire service, institutions and bodies of the criminal executive system, and their families in the Russian Federation." Paragraph 1 of this resolution stipulates that in the long service for the assignment of pensions after dismissal from service to officers, warrant officers, midshipmen, long-term servicemen and those who served under contract to soldiers, sailors, sergeants and foremen, private and commanding personnel of internal affairs bodies, the State fire service, institutions and bodies of the penal system are counted, including military service in the armed forces (armies, troops), security agencies, other military formations created in accordance with legislation and service in internal affairs bodies (police), the State Fire Service , institutions and bodies of the penal system of other member states of the Commonwealth of Independent States and states not members of the Commonwealth, with which the Russian Federation or the former USSR have concluded treaties (agreements) on social security, providing for mutual offset against length of service for the purpose of pensions military personnel dismissed from service, private and commanding officers of internal affairs bodies (police), the State Fire Service, institutions and bodies of the penal system of their service in other states. The Russian Federation and the Republic of Kazakhstan are parties to the Agreements of the countries of the Commonwealth of Independent States of March 13, 1992 “On guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pension provision” (hereinafter referred to as the Agreement of March 13, 1992) and of May 15, 1992 d. "On the procedure for pension provision of military personnel and their families and state insurance of military personnel of the member states of the Commonwealth of Independent States (hereinafter referred to as the Agreement of May 15, 1992). From the preamble of the Agreement of March 13, 1992 it follows that the governments of the member states of this The Agreements recognize that the member states of the Commonwealth have obligations in relation to disabled persons who have acquired the right to pension provision on their territory or on the territory of other republics during the period of their entry into the USSR and exercise this right on the territory of the member states of the Agreement by Article 1 of the Agreement. On March 13, 1992, it was determined that pension provision for citizens of the states party to this Agreement and members of their families is carried out in accordance with the legislation of the state in whose territory they reside. The Agreement of March 13, 1992 provides for the continuation of the payment of a previously assigned pension when a pensioner moves to a permanent place of residence in another state party to the Agreement. The amount of the pension is revised in accordance with the legislation of the state party to the Agreement at the new place of residence of the pensioner in compliance with the conditions provided for by the Agreement (Article 7). At the same time, in Art. 1 of the Agreement of May 15, 1992 also provides that pension provision and compulsory state insurance for military personnel of the Armed Forces of the member states of the Commonwealth and other military formations created by the legislative bodies of these states, the United Armed Forces of the Commonwealth, the Armed Forces and other military formations of the former USSR are carried out under the conditions, according to the norms and in the manner that are established or will be established by the legislation of the participating states in whose territory the specified military personnel and their families live. From the above regulatory provisions, as well as the provisions of international agreements, it follows that the right to a pension for long service on the territory of the Russian Federation is granted to persons dismissed from service upon reaching the maximum age for service, health conditions or in connection with organizational and staffing measures and reaching day of dismissal 45 years of age, having a total work experience of 25 calendar years or more, of which at least 12 years 6 months is military service. At the same time, pension provision for military personnel in the Armed Forces and other military formations of the states party to the Agreements is carried out in accordance with the legislation of the state in whose territory they live, including when a pensioner moves to a permanent place of residence in another state party to the Agreement.
So, for example, F. filed a lawsuit against the military commissariat of the Rostov region to impose the obligation to extend the payment of a pension for long service on the territory of the Russian Federation starting from January 1, 2014. In support of the claims of Filatova E.N. indicated that she was a citizen of the Russian Federation and lived in the territory of the Republic of Kazakhstan until January 2013. On January 1, 2006, the Support Center of the Ministry of Defense of the Republic of Kazakhstan assigned her a long-service pension for incomplete service in accordance with subsection. 2 p. 1 art. 61 of the Law of the Republic of Kazakhstan “On pension provision in the Republic of Kazakhstan” in connection with military service. Due to her move to permanent residence in the Russian Federation, she applied to the military commissariat of the Rostov region with an application to extend the payment of her long-service pension on the territory of the Russian Federation. This application was granted, and from March 1, 2013, her pension payment was extended in full. However, by order of the head of the Social Security Center of the Military Commissariat of the Rostov Region dated December 19, 2013, the payment of pensions was stopped from January 1, 2014 due to the fact that, in violation of the provisions of the Law of the Russian Federation of February 12, 1993 N 4468-1 “On Pension providing for persons who served in military service, service in internal affairs bodies, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" she had not reached the age of 45 years at the time of dismissal from military service for the emergence of the right to receive a pension for long service. She believed that the defendant’s actions to terminate the payment of the pension are illegal, since international agreements provide for the right of military personnel discharged from military service in the territory of another state to receive a similar pension that was assigned in another state, in this case in the Republic of Kazakhstan, thereby terminating the payment pension violated her right, as a citizen of the Russian Federation, to full pension provision. She asked to recognize her right to resume payment of her long-service pension from January 1, 2014, and to impose on the defendant the obligation to accrue and pay the pension. The defendant's representative did not admit the claim. By the decision of the Oktyabrsky District Court of Rostov-on-Don dated March 31, 2014, the claim was satisfied. The military commissariat of the Rostov region was entrusted with the responsibility to appoint E. Filatova. N. pensions for long service on the territory of the Russian Federation starting from January 1, 2014. By the appeal ruling of the judicial panel for civil cases of the Rostov Regional Court dated May 26, 2014, the decision of the court of first instance was left unchanged.
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having examined in open court on February 2, 2015, civil case No. 41-KG14-36 on F.’s claim against the military commissariat of the Rostov region, established the following: As follows from the circumstances of the case established by the court, F. on at the time of dismissal from the armed forces of the Republic of Kazakhstan, she has not reached the age of 45 years, as one of the necessary conditions for the assignment of a pension for long service on the territory of the Russian Federation when she is resettled for permanent residence in the Russian Federation. She was granted a pension by the Ministry of Defense of the Republic of Kazakhstan due to incomplete service. Since pension provision for persons who served in the Armed Forces of the Commonwealth member states is carried out on the territory of the Russian Federation in accordance with the provisions of the Law of the Russian Federation of February 12, 1993 N 4468-1, then Filatova E.N. upon resettlement for permanent residence in the Russian Federation, the right to assign and pay a pension for long service did not arise. Under such circumstances, the Judicial Collegium believes that the courts incorrectly applied the norms of substantive law when establishing whether Filatova E.N. the right to receive a long-service pension provided for by the legislation of the Russian Federation. Taking into account the above, the appealed court decisions cannot be considered legal, since they were adopted with significant violations of the norms of substantive law that influenced the outcome of the case; without their elimination, restoration and protection of the violated rights and legitimate interests of the military commissariat of the Rostov region is impossible, which, according to Art. 387 of the Code of Civil Procedure of the Russian Federation is the basis for the cancellation of appealed court decisions. Taking into account that the circumstances relevant to the case were established by the court of first instance, the Judicial Collegium finds it possible, by canceling court decisions, to make a new decision in the case to refuse to satisfy F.’s claims, without remitting the case for a new trial, since the courts an error was made in the application of substantive law. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, guided by Art. 387, 388, 390 of the Code of Civil Procedure of the Russian Federation, determined: the decision of the Oktyabrsky District Court of Rostov-on-Don dated March 31, 2014 and the appeal ruling of the judicial panel for civil cases of the Rostov Regional Court dated May 26, 2014 to cancel. Make a new decision in the case, which will satisfy the claims of F. to the military commissariat of the Rostov region to impose the obligation to extend the payment of pensions for long service on the territory of the Russian Federation, starting from January 1, 2014, to refuse * (73).
Pensions assigned in accordance with Law No. 4468-I are one of the types of state pensions.
At the same time, the rules (conditions, norms, preferential basis for accrual, procedure for assignment and payment) established for labor and social pensions have significant differences from the rules established for pensions assigned to persons discharged from military service.
To assign a pension in accordance with Law No. 4468-I Art. 18 of this Law defines the concept of length of service, which includes periods of military and equivalent service. Thus, the Economic Court * (74), having studied the current legislation of the CIS member states, came to the conclusion that when a state party to the Agreement of May 15, 1992 assigns a pension to a military man, his service in another state party to the Agreement is counted as length of service, in including in preferential terms, on the basis of the legislation of this other state, adopted both before and after the signing of the Agreement of May 15, 1992. As for the procedure for calculating length of service, determined by Part 1 of Art. 2 of the Agreement of May 15, 1992, the Economic Court considered that it should apply to military personnel who served in the territories of other states party to the Agreement of May 15, 1992, including during the period of their entry into the USSR, and realizing the right to pension provision after the state of the place of service has adopted the relevant legislation.
In accordance with paragraph "a" of Art. 1 of the Law of the Russian Federation "On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" dated February 12 1993 N 4468-I (hereinafter referred to as the Law of the Russian Federation of February 12, 1993 N 4468-I) this Law applies to persons who served in military service, service in internal affairs bodies, agencies for control of the circulation of narcotic drugs and psychotropic substances substances and institutions and bodies of the penal system in other states, and the families of these persons - provided that the contracts (agreements) on social security concluded by the Russian Federation or the former USSR with these states provide for the implementation of their pension provision in accordance with the legislation of the state, in the territory in which they live.
By virtue of Art. 4 of the Law of the Russian Federation of February 12, 1993 N 4468-I pension provision for persons living on the territory of the Russian Federation who served in the Armed Forces (armies, troops), security agencies and other military formations created in accordance with the legislation or service in the bodies internal affairs, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system of other CIS member states and states that are not members of the CIS, with which the Russian Federation or the former USSR have concluded treaties (agreements) on social security , as well as the families of the above persons, is carried out in the manner prescribed by these treaties (agreements).
According to paragraph "b" of Art. 11 of the Law of the Russian Federation of February 12, 1993 N 4468-I, the Ministry of Internal Affairs of the Russian Federation provides pensions for military personnel discharged from the internal troops and paramilitary fire brigade, private and commanding personnel dismissed from the internal affairs bodies of the Russian Federation, the State fire service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, federal tax police, as well as members of their families.
Consequently, if a citizen served, for example, in the militarized fire department of the Ministry of Internal Affairs of the Kyrgyz SSR, and after the proclamation of the state sovereignty of the Republic of Kyrgyzstan on December 15, 1990, he served in the Ministry of Emergency Situations of the Republic of Kyrgyzstan, to which the fire service was transferred, and was subsequently discharged to the reserve on August 5, 2008, having moved to a permanent place of residence on the territory of the Russian Federation, he has the right to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation. That's what they did with gr. R. at the military commissariat of the Volgograd region, when he registered with the military as being in the reserve, while transferring his pension file to the Pension Service Center, directly subordinate to the Main Directorate of Internal Affairs for the Volgograd Region. However, gr. R. was refused a pension for long service by the Ministry of Internal Affairs of the Russian Federation, the refusal was motivated by the lack of legal grounds for the corresponding payments, including the assignment of a pension for long service, since the unit in which the citizen served. R., had military status and was not part of the system of internal affairs bodies, as well as the current absence of an interstate agreement on the procedure for pension provision for employees of the Ministry of Emergency Situations. The court of first instance, where gr. R. for the protection of his violated rights to pension provision, satisfying the claims, was based on the norms of interstate agreements “On guarantees of the rights of citizens of the CIS member states in the field of pension provision” dated March 13, 1992 and “On the procedure for pension provision and state insurance of employees internal affairs bodies of the CIS member states" dated December 24, 1993, ratified, in particular, by the Russian Federation and the Republic of Kyrgyzstan, as well as on the provisions of the Law of the Russian Federation dated February 12, 1993 N 4468-I and came to the conclusion that that gr. R. has the right to receive a long-service pension at the expense of funds and through the Ministry of Internal Affairs of the Russian Federation. Having disagreed with this decision of the court of first instance, representatives of the Main Department of Internal Affairs for the Volgograd Region, which is in charge of the Pension Service Center, appealed this court decision using the cassation procedure at that time. The cassation court refused to satisfy the claim of gr. R., pointing out that the legal basis for recognition as gr. R. does not have the right to receive a pension for long service in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-I, since such a right arose and the pension was assigned to him at his previous place of residence in the Kyrgyz Republic.
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation did not agree with this conclusion of the cassation court, which, in its ruling dated July 6, 2012 in civil case No. 16-VPR12-11, indicated that the cassation court came to the above conclusion based on on the incorrect interpretation and application of the rules of substantive and procedural law governing the legal relations that have arisen, since gr. R., before moving to the Russian Federation, was a recipient of a long-service pension and upon moving acquired the corresponding right to receive a long-service pension through the Ministry of Internal Affairs of the Russian Federation on the basis of the Agreement of the CIS countries "On guarantees of the rights of citizens of the CIS member states in the field of pension provision" dated March 13, 1992. A different interpretation of the above-mentioned norms of the international Agreement would limit the rights of citizens of the Russian Federation to receive pension benefits in cases and amounts determined by current legislation.
Thus, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having considered civil case No. 16-VPR12-11 on July 6, 2012, canceled the ruling of the Judicial Collegium for Civil Cases of the Volgograd Regional Court dated June 29, 2011 and upheld the court’s decision of the first instance in terms of recognition of the right of gr. R. to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation.
Establishing the procedure for calculating length of service for assigning pensions to persons who served in military service, in accordance with Part 3 of Article 18 of Law No. 4468-I, falls within the exclusive competence of the Government of the Russian Federation.
The procedure for calculating length of service, assigning and paying pensions is established by Resolution of the Council of Ministers - Government of the Russian Federation of September 22, 1993 N 941.
As can be seen from Part 1, Clause 2 of the said Resolution, in the length of service for assigning a pension to officers assigned to military service from the reserve, taking into account the specialty acquired in a civilian educational institution, as well as those assigned to military service under the specified condition for female officers who were not in reserve, the time of their training before being assigned to military service in civilian higher education educational institutions, in which there were cycles or departments of military training, is counted for up to five years at the rate of one year of study per six months.
The second part of this paragraph establishes that the length of service for assigning a pension to employees of internal affairs bodies must include the time they studied before entering service in civilian higher educational institutions or in secondary specialized educational institutions within five years at the rate of two months of study for one month of service .
An analysis of the above legislative and regulatory acts allows us to come to the conclusion that the current military pension legislation does indeed provide for the possibility of including in the length of service the time spent studying in a civilian higher educational institution or in secondary specialized educational institutions within the appropriate calculation limits, but only when assigning a pension under paragraph. "a" st. 13 of the Law of the Russian Federation N 4468-I, and when assigning a pension under clause “b” of Art. 13 of Law No. 4468-I, i.e. for mixed length of service, the period of study in a civilian higher educational institution or in secondary specialized educational institutions is not subject to inclusion in the length of military service. This conclusion is confirmed by judicial practice.
Thus, the judicial panel for civil cases of the Ulyanovsk Regional Court, having considered on December 4, 2012 in open court, case No. 33-3670/2012 on the appeal of gr. S. on the decision of the Leninsky District Court of Ulyanovsk dated August 31, 2012, according to which it was decided: to satisfy the claim of gr. S. to the military commissariat of the Ulyanovsk region on recognizing as unlawful the refusal to grant a pension for long service, the obligation to grant a pension for long service, and to refuse compensation for moral damage in full, established that when assigning a pension for mixed length of service, the period of study in a civilian higher educational institution is not subject to inclusion length of military service or service in institutions and bodies of the penal system. Taking into account the fact that during the consideration of the case by the court there were no violations of the norms of substantive and procedural law, all legally significant circumstances in the case were given a correct legal assessment, there are no grounds for canceling the decision of the trial court *(75).
But what if a citizen of one of the CIS countries, for example the Republic of Armenia, received a military pension for long service, and then, in connection with the adoption of citizenship of the Russian Federation and leaving for the territory of the Russian Federation for permanent residence, he was paid a military pension for length of service was terminated through the Ministry of Defense of the Republic of Armenia?
Analyzing the current legislation in this area, we come to the following “superficial” conclusion:
The member states of the Commonwealth of Independent States, which includes the Republic of Armenia and the Russian Federation, have concluded the following international agreements in the field of pension provision for citizens and military personnel:
1) Agreement on social and legal guarantees for military personnel, persons discharged from military service and members of their families dated February 14, 1992;
2) Agreement on guarantees of the rights of citizens of member states of the Commonwealth of Independent States in the field of pensions of March 3, 1992;
3) Agreement on the procedure for pension provision for military personnel and their families and state insurance for military personnel of the CIS Member States dated May 15, 1992.
These agreements were adopted on the basis of Art. 30, 31 of the Vienna Convention on the Law of International Treaties of May 23, 1969 and establish social and legal guarantees for military personnel, persons discharged from military service, and members of their families, and as a fundamental principle provide for the preservation of the level of rights and benefits previously granted to military personnel , persons discharged from military service, and members of their families by the legislation of the former USSR, and the inadmissibility of their unilateral restriction. The CIS member states are given the right to take measures aimed at strengthening social protection, including pension provision, for this category of citizens. Compliance by the CIS member states with the principle of maintaining the level of previously granted rights and benefits in the field of pension provision ensures the implementation of the right to receive a pension for long service, which arose in one state party to the Agreement of May 15, 1992, when a pensioner - a former military man moves to a permanent place residence in any of the states party to this Agreement. This interpretation of the current norms of international law is given in the decision of the CIS Economic Court of February 6, 2009 No. 01-1/2-08. Based on the Constitution of the Russian Federation, international treaties of the Russian Federation, if an international treaty of the Russian Federation establishes rules other than those provided by law, the court applies the rules of the international treaty. In connection with the above, at first, “superficial” glance, it seems that citizens of the Russian Federation who were discharged from military service from the armed forces of the CIS member states and, according to the legislation of these states, have the right to receive a military pension for long service, retain the same the right to payment of a pension for length of service on the territory of the Russian Federation. However, this is only true if these citizens have length of service established by Russian legislation, which has retained the level of rights and benefits previously granted to military personnel by USSR legislation.
An illustrative example in this case is the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, which indicated the following circumstances of the civil case:
The court found that from June 1, 1993 to April 4, 2002, gr. A. served in the ... military unit ... as a personnel inspector with the rank of senior warrant officer in the city ... of the Republic ...
Since April 4, 2002 gr. A. was assigned a military pension for long service, which she received until March 1, 2007, when the payment of the pension by the Republic of Armenia to the plaintiff was terminated due to the fact that gr. A. accepted citizenship of the Russian Federation. From this date in the Russian Federation, the plaintiff has been the recipient of a disability pension.
After the termination of pension payments by the Republic of Armenia, gr. A. applied to the Ministry of Defense of the Russian Federation with an application to grant her a pension for long service, but she was denied this due to insufficient length of military service to assign this type of pension according to the legislation of the Russian Federation - 8 years 10 months 3 days instead of the required 20 years (or 12 years 6 months upon dismissal from military service for certain reasons).
Making a decision to recognize this refusal as illegal and appoint gr. A. pensions for long service through the Ministry of Defense of the Russian Federation from the moment of application, the court referred to the interpretation of Art. 7 of the Agreement on guarantees for citizens of member states of the Commonwealth of Independent States in the field of pensions of March 13, 1992 and art. 1 Agreement on the procedure for pension provision for military personnel and their families and state insurance for military personnel of member states of the Commonwealth of Independent States dated May 15, 1992, given in decision of the CIS Economic Court N 01-1/2-08 (Minsk, February 6, 2009 .).
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, in its ruling dated January 27, 2012 No. 37-v11-7, canceling the decisions of the court of the first and second instances, indicated that the judicial authorities had established that in the Republic of Armenia gr. A. was assigned a military pension for long service, which she received from April 2002 to March 2007, with a duration of military service of 8 years 10 months 3 days. These circumstances were not given a legal assessment in the court decision.
The case materials do not contain documents and references to legal norms indicating the procedure and mechanism for assigning a pension to the plaintiff in the Republic of Armenia; data are not established according to which the national legislation of the Republic of Armenia establishes a more preferential or different procedure for pension provision for military personnel than that provided for military personnel by the legislation of the former Union SSR.
In our opinion, it is necessary to especially note the fact that the courts of the first and second instances, satisfying the demands of the plaintiff gr. A., they didn’t even think about the fact that citizens discharged from military service, according to current Russian legislation, have the right to a mixed military pension only if certain conditions are met, one of which is the presence of at least 12.5 years of military service *(76).
Analyzing the current legislation on the territory of the Russian Federation, we can come to the following conclusion.
By virtue of Art. 11 of the Code of Civil Procedure of the Russian Federation, the court is obliged to resolve civil cases on the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal government bodies, constitutions ( charters), laws, other regulatory legal acts of government bodies of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies. The court resolves civil cases based on business customs in cases provided for by regulatory legal acts. If an international treaty of the Russian Federation establishes rules other than those provided by law, the court, when resolving a civil case, applies the rules of the international treaty.
In accordance with Art. 32 of the Charter of the Commonwealth of Independent States, adopted in Minsk on January 22, 1993, the Economic Court acts to ensure the fulfillment of economic obligations within the Commonwealth. The Economic Court is responsible for resolving disputes arising during the fulfillment of economic obligations. The court may also resolve other disputes falling within its jurisdiction by agreements of the member states. The Economic Court has the right to interpret the provisions of agreements and other acts of the Commonwealth on economic issues. The Economic Court carries out its activities in accordance with the Agreement on the status of the Economic Court and its Regulations, approved by the Council of Heads of State. The Russian Federation, among other member states of the CIS, ratified the Charter of the CIS by Resolution of the Supreme Council of the Russian Federation of April 15, 1993 N 4799-I, which entered into force for the Russian Federation on July 20, 1993, and the Agreement on the status of the Economic Court of the Commonwealth of Independent States , delegated to the Economic Court the right of official interpretation, which is binding. Thus, the interpretation of the application of Art. 7 of the Agreement on guarantees of the rights of citizens of member states of the Commonwealth of Independent States in the field of pensions of March 13, 1992 and Art. 1 of the Agreement on the procedure for pension provision for military personnel and their families and state insurance of military personnel of member states of the Commonwealth of Independent States dated May 15, 1992, given in decision of the CIS Economic Court N 011/2-08 (Minsk, February 6, 2009), has mandatory for the Russian Federation. From the decision of the CIS Economic Court N 01-1/2-08 it follows that, in accordance with Art. 1 of the Agreement of May 15, 1992 (the said Agreement was signed by Russia and Armenia) pension provision for military personnel of the Armed Forces of the member states of the Commonwealth and other military formations created by the legislative bodies of these states, the United Armed Forces of the Commonwealth, the Armed Forces and other military formations of the former USSR , as well as pension provision for the families of these military personnel, are carried out on the terms, according to the norms and in the manner that are established or will be established by the legislation of the participating states in whose territories these military personnel and their families live, and until these states adopt legislative acts on these issues - on conditions, according to the norms and in the manner established by the legislation of the former USSR.
The CIS Economic Court notes that this norm enshrines the principle of territoriality, meaning the provision of pensions for military personnel according to the legislation of the state of permanent residence. In Art. 1 of the Agreement of May 15, 1992, in addition, provides: “in this case, the level of pension provision for military personnel and their families, established by the legislation of the participating states, cannot be lower than the level previously established by legislative and other normative acts of the former USSR.” Thus, in this norm, along with the principle of territoriality, the requirement imposed by an international treaty on legal acts of national legislation is recorded - the preservation of the level of rights and benefits previously granted to military personnel, persons discharged from military service, and members of their families by the legislation of the former USSR . The Economic Court of the CIS, based on the provisions of Art. 1 of the Agreement of May 15, 1992, in the decision believes that in order to assess the level of pension provision for military personnel, the qualitative state of their rights in the field of pension provision is important, to determine which it is necessary to take into account the conditions, norms and procedure for assigning pensions established by national legislation. In this regard, length of service, being a condition for granting a pension to military personnel in all participating states, is one of the components of the level of their pension provision. Taking into account the principle of maintaining the level of rights and benefits previously provided to military personnel by the legislation of the former USSR, the conditions for assigning a long-service pension provided for by national legislation should not worsen the legal status of this category of citizens in comparison with the conditions established by the USSR Law "On Pension Provision of Military Personnel" dated April 28, 1990 N 1467-I. Article 13 of the USSR Law “On pension provision for military personnel” dated April 28, 1990 N 1467-I, which was in force until February 1, 1993, provided that the following had the right to a pension for long service:
a) persons of officers, warrant officers, midshipmen and military personnel of extended service, persons of command and rank and file of internal affairs bodies, who on the day of dismissal from service have a length of service in military service or in service in internal affairs bodies of 20 years or more;
b) officers and persons of middle, senior and senior management of internal affairs bodies, dismissed from service due to age, illness, staff reduction or limited health and who have reached 50 years of age on the day of dismissal, having a total work experience of 25 calendar years and more, of which at least 12 years and 6 months are military service or service in internal affairs bodies.
Thus, according to the above Law of the USSR, gr. And there would be no right to a pension for long service, since a necessary condition for its appointment for a senior warrant officer was military service experience of at least 20 years or at least 12 years 6 months (with a total length of service of 25 calendar years or more).
The court of first instance came to the same conclusion during a new consideration of the civil case, taking into account the position of the court of cassation set out in the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 27, 2012 No. 37-B11-7, while pointing out that , that the right to receive a long-service pension assigned by gr. A., as a former military personnel of the Republic of Armenia, is not retained in Russia as in the state chosen as her permanent place of residence. In addition, as the court of first instance correctly indicated in its decision, which entered into legal force, “the plaintiff is a recipient of a labor pension on the basis of the provisions of Federal Law of December 17, 2001 N 173-F3 “On Labor Pensions in the Russian Federation” and before the change under the specified circumstances, he does not have the right to simultaneously receive a pension for various reasons" * (77).
Based on the above, we also come to the following main conclusions:
Firstly, service (including on preferential terms) in the armed forces and other military formations specified in Art. 1 of the Agreement, in the manner established by the legislation of the participating states in whose territories the military personnel served.
Secondly, the amount of monetary allowance (earnings) for assigning pensions to military personnel and their families is determined in the manner established by the legislation of the participating states in whose territories the military personnel or their families live.
Thirdly, if the state in which the serviceman served establishes a preferential procedure for calculating length of service for the period of service in this state, the state authorities at the place of the serviceman’s chosen residence must make the appropriate calculation, and if the length of service calculated when assigning a pension , including on preferential terms, at the place of military service in one of the member states of the Agreement of May 15, 1992, a military personnel discharged from military service and moved to a permanent place of residence in another member state is not subject to recalculation at the new place of residence *(78).
Fourthly, when a state party to the Agreement of May 15, 1992 assigns a pension to a military personnel, his service in another state party to the Agreement is counted as length of service, including in preferential terms, on the basis of the legislation of this other state adopted both before and and after the signing of the Agreement of May 15, 1992;
Fifthly, citizens of the Russian Federation who were discharged from military service from the armed forces of the CIS member states and, according to the legislation of these states, have the right to receive a military pension for long service, retain the same right to payment of a pension for long service on the territory of the Russian Federation , provided that these citizens have length of service established by Russian legislation, which has retained the level of rights and benefits previously granted to military personnel by USSR legislation;
Sixth, in order to acquire the right to a so-called “mixed pension” for length of service in the Russian Federation, a citizen, including those dismissed from military service from the Armed Forces of the CIS member states, who arrived in the Russian Federation for permanent residence, must simultaneously meet three conditions :
dismissal from military service on one of three grounds: due to reaching the age limit for military service; due to illness; in connection with organizational and staffing events;
reaching the age of 45 on the day of dismissal;
availability on the day of dismissal length of service 25 years or more, of which at least 12.5 years are military service.
The absence of at least one of these conditions deprives a person dismissed from military service of the right to a pension for long service.
« On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families»
(as amended November 28, December 27, 1995, December 19, 1997, July 21, 1998, June 1, 1999, December 6, 2000, April 17, December 30, 2001, January 10, March 4 , May 29, June 12, June 30, July 25, 2002, January 10, June 30, 2003, June 29, August 22, December 29, 2004, February 2, December 21, 30, 2006, 1, 3 December 2007, February 13, May 8, July 22, 2008, April 28, July 24, November 9, 2009, June 21, December 10, 2010, July 1, 19, 2011)
Section I. General provisions
* Article 1. Persons covered by this Law
* Article 2. Assignment of pensions to persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families on the grounds established by Federal Law “On labor pensions in the Russian Federation” and the Federal Law “On state pension provision in the Russian Federation”
* Article 3. Persons equal in pension benefits to those who served in military service as officers or under contract and their families
* Article 4. Pension provision for persons who served in military service, service in internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system in other states, and their families
* Article 5. Types of pensions
* Article 6. Realization of the right to pension provision
* Article 7. Right to choose a pension
* Article 8. Pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system who were exposed to radiation, and their families
* Article 9. Payment of benefits
* Article 10. Funds for pension payments
* Article 11. Federal executive authorities providing pensions
* Article 12 Additional social guarantees
* Article 13. Conditions determining the right to a long-service pension
* Article 14. Pension amounts
* Article 15. Minimum pension for long service
* Article 16. Increasing the amount of long-service pension for disabled people
* Article 17. Pension supplements for length of service
* Article 18. Calculation of length of service for granting a pension
Section III. Disability pension
* Article 19. Conditions determining the right to a disability pension
* Article 20. Determination of disability
* Article 21. Categories of disabled people
* Article 22. Pension amounts
* Article 23. Minimum amounts of disability pension
* Article 24. Supplements to disability pension
* Article 25. Period for which a disability pension is granted
* Article 26. Changing the amount of pension when revising the disability group
* Article 27. Suspension and resumption of pension payments if the re-examination deadline is missed
Section IV. Survivor's pension
* Article 28. Conditions determining the right to a survivor's pension
* Article 29. Family members entitled to a pension
* Article 30. Right to pension on preferential terms
* Article 31. Family members of the deceased considered dependents
* Article 32 (repealed)
* Article 33. Right to pension of adoptive parents and adopted children
* Article 34. The right to pension of stepfather and stepmother, stepson and stepdaughter
* Article 35. Preservation of pension upon entering into a new marriage
* Article 36. Pension amounts
* Article 37. Minimum pension amounts in case of loss of a breadwinner
* Article 38. Supplements to pension in case of loss of a breadwinner
* Article 39. Period for which a pension is assigned
* Article 40. Allocation of pension share
* Article 41. Termination of pension payment upon loss of right to it
* Article 42. Procedure and terms for establishing disability for family members of the deceased
Section V. Calculation of pensions
* Article 43. Cash allowance for calculating pensions
* Article 44. Calculation of pensions for families of pensioners
* Article 45. Increase in pensions for certain categories of pensioners
* Article 46. Estimated amount of pension and rules for calculating pension supplements, establishing increases and increases in pensions
* Article 47 (repealed)
* Article 48. Application of regional coefficients to pension amounts
* Article 49. Review of pensions, pension supplements, raises and increases in pensions when the cost of living and wages increase
Section VI. Assignment and payment of pensions
* Article 50. Organization of work on pension provision
* Article 51. Application for pensions
* Article 52. Consideration of applications for pensions
* Article 53. Deadlines for assigning pensions
* Article 54. Day of applying for a pension
* Article 55. Deadline for recalculating the amount of assigned pensions
* Article 56. General procedure for payment of pensions and bodies paying them
* Article 57. Payment of pensions to pensioners in the presence of earnings or other income
* Article 58. Payment of pensions not received on time by a pensioner
* Article 59 (deleted)
* Article 60 (deleted)
* Article 61 (repealed)
* Article 62. Deductions from pensions
* Article 63. Payment of pension in case of death of a pensioner
* Article 64. Pension provision when traveling abroad
* Article 65. Disputes on pension issues
____________________________________________________
Section I. General provisions
Article 1. Persons covered by this Law
The conditions, norms and procedures for pension provision provided for by this Law apply to:
persons who performed military service as officers, warrant officers and midshipmen or military service under contract as soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation and the United Armed Forces of the Commonwealth of Independent States, the Federal Border Service and the border service bodies of the Russian Federation, internal and railway troops, federal government communications and information agencies, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation, and the families of these persons (for with the exception of the persons specified in paragraph “b” of this article and their families);
officers, warrant officers and midshipmen who served in the Armed Forces, troops and bodies of the State Security Committee, internal and railway troops, other military formations of the former USSR, and the families of these persons (except for the persons specified in paragraph “b” of this articles, and their families);
persons of ordinary and commanding personnel who served in the internal affairs bodies of the Russian Federation, the former USSR, in the State Fire Service, in the authorities for control of the circulation of narcotic drugs and psychotropic substances and in institutions and bodies of the penal system, and the families of these persons ( with the exception of the persons specified in paragraph “b” of this article and their families);
persons specified in Article 4 of this Law who served in military service, service in internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penal system in other states, and the families of these persons - provided that treaties (agreements) on social security concluded by the Russian Federation or the former USSR with these states provide for the implementation of their pension provision in accordance with the legislation of the state in whose territory they live;
b) for persons who performed military service as officers, warrant officers and midshipmen or military service under contract as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and border service bodies of the Russian Federation, internal and railway troops, federal bodies government communications and information, civil defense forces, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR, and in institutions and bodies of the penal system created in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States for private and commanding personnel who served in the internal affairs bodies of the Russian Federation and the former USSR, agencies for control of the circulation of narcotic drugs and psychotropic substances, in the State Fire Service, and in institutions and criminal authorities. executive system, and the families of these persons who live in states - former republics of the USSR, which are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the provision of their pensions on the grounds established for persons who served in military service or service in internal affairs bodies and their families.
Article 2. Assignment of pensions to persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families on the grounds established by the Federal Law " On labor pensions in the Russian Federation" and the Federal Law "On state pension provision in the Russian Federation"
Pension provision for persons who served in conscription as soldiers, sailors, sergeants and foremen (previously - active military service) in the armed forces and military formations specified in paragraph "a" of Article 1 of this Law, and the families of these persons is carried out in in accordance with the Federal Law of December 15, 2001 N 166-FZ “On State Pension Security in the Russian Federation” (hereinafter referred to as the Federal Law “On State Pension Security in the Russian Federation”).
On the terms and according to the standards established by the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” (hereinafter referred to as the Federal Law “On Labor Pensions in the Russian Federation”) and the Federal Law “On State Pensions in the Russian Federation” Federation, pensions may be assigned to persons living in the Russian Federation specified in Article 1 of this Law, and to the families of these persons at their request.
On the grounds established by the Federal Law “On Labor Pensions in the Russian Federation”, pensions are also assigned to former military personnel and commanding officers of internal affairs bodies, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system deprived of military or special ranks in accordance with the procedure established by law, and their families if they have the right to pension provision in accordance with the specified Federal Law.
Article 3. Persons equal in pension provision to those who served in military service as officers or under contract and their families
Persons who during the Great Patriotic War occupied command positions in Soviet partisan detachments and formations corresponding to the positions filled by officers, and their families are granted pensions on the grounds provided for by this Law for persons who served in military service as officers and their families. On the same basis, pensions are granted to former conscripts who, during the Great Patriotic War, held positions in military units, headquarters and institutions of the active army that correspond to the positions being filled by officers, and to their families.
Persons who served in long-term military service (former military servicemen of long-term service), women who voluntarily served in active military service as soldiers, sailors, sergeants and foremen (former female military personnel), and their families are granted pensions on the basis provided for by this Law. for persons who served under contract as soldiers, sailors, sergeants and foremen, and their families.
Article 4. Pension provision for persons who served in military service, service in internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system in other states, and their families
Pension provision for persons residing on the territory of the Russian Federation who served in military service as officers, warrant officers, midshipmen and long-term military personnel or military service under contract as soldiers, sailors, sergeants and foremen in the armed forces (armies, troops), security agencies and others military formations created in accordance with the legislation or service in internal affairs bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system of other states - members of the Commonwealth of Independent States and states that are not members of the Commonwealth of Independent States, with by which the Russian Federation or the former USSR concluded treaties (agreements) on social security, as well as the families of these persons, is carried out in the manner prescribed by these treaties (agreements).
Article 5. Types of pensions
The persons specified in Article 1 of this Law acquire the right to pensions:
a) for length of service, if they have length of service provided for by this Law in military service and (or) in service in internal affairs bodies, and (or) in service in the State Fire Service, and (or) in service in turnover control authorities narcotic drugs and psychotropic substances, and (or) in the service of institutions and bodies of the penal system;
b) due to disability, if they became disabled under the conditions provided for by this Law.
In the event of the death or death of the persons specified in Article 1 of this Law, their families, subject to the conditions provided for by this Law, acquire the right to a survivor's pension.
Families of deceased pensioners from among the persons specified in Article 1 of this Law have the right to a survivor's pension on the same basis as the families of persons who died during the period of service.
Article 6. Realization of the right to pension provision
To persons specified in Article 1 of this Law who are entitled to pension provision, pensions are assigned and paid after their dismissal from service. Disability pensions for these persons and survivors' pensions for their families are assigned regardless of the length of service.
Article 7. Right to choose a pension
Persons specified in Article 1 of this Law and their families who simultaneously have the right to various pensions in accordance with the legislation of the Russian Federation are established one pension of their choice (except for the cases provided for by this article and the Federal Law “On State Pension Provision in the Russian Federation”). Federation").
Spouses of persons specified in Article 1 of this Law who died due to the reasons listed in paragraph “a” of Article 21 of this Law (except for cases where the death of these persons occurred as a result of their unlawful actions), who did not enter into a new marriage, have the right to simultaneous receipt of two pensions. They may establish a survivor's pension, provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or a social survivor's pension).
Parents of the persons specified in Article 1 of this Law, who died (died) due to the reasons listed in paragraph “a” of Article 21 of this Law (except for cases when the death of these persons occurred as a result of their unlawful actions), have the right to simultaneously receive two pensions. They may establish a survivor's pension, provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or a social survivor's pension).
The persons specified in Article 1 of this Law, if there are conditions for the appointment of an old-age labor pension, have the right to simultaneously receive a long-service pension or a disability pension provided for by this Law, and an old-age labor pension (with the exception of the fixed basic amount of the insurance part old-age labor pension), established in accordance with the Federal Law “On Labor Pensions in the Russian Federation”.
Article 8. Pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system that were exposed to radiation, and their families
Persons specified in Article 1 of this Law who were exposed to radiation during explosions and tests of nuclear weapons or as a result of emergencies at nuclear facilities for civil and military purposes, as well as during the liquidation of the consequences of these accidents, and the families of these persons are provided with additional preferential conditions for the assignment of pensions , pension supplements, benefits and compensation are paid in accordance with the legislation of the Russian Federation on the social protection of citizens exposed to radiation.
Article 9. Payment of benefits
Persons specified in Article 1 of this Law, dismissed from service, disabled pensioners from among these persons and family members of deceased pensioners are paid benefits in the manner and amount determined by the legislation of the Russian Federation and regulations of the Government of the Russian Federation.
Article 10. Funds for payment of pensions
Payment of pensions to persons specified in Article 1 of this Law and their families is provided from the federal budget. At the same time, financing of expenses for the payment of pensions is carried out centrally.
Payment of pensions provided for by the Federal Law “On Labor Pensions in the Russian Federation” and the Federal Law “On State Pensions in the Russian Federation” for military personnel, persons equal in pension provision to military personnel, and their families is carried out in accordance with these federal laws.
Article 11. Federal executive authorities providing pensions
Pension provision for the persons specified in Article 1 of this Law and their families, depending on the last place of service of these persons, is carried out:
a) the Ministry of Defense of the Russian Federation - in relation to military personnel discharged from the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the Russian Federation, railway troops and other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation (except for the formations listed in paragraphs "b" " and "c" of this article), persons specified in part one of Article 3 of this Law, as well as their families;
b) the Ministry of Internal Affairs of the Russian Federation - in relation to military personnel dismissed from the internal troops and paramilitary fire brigade, private and command personnel dismissed from the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Liquidation consequences of natural disasters, federal tax police authorities, as well as their families;
c) the Federal Security Service of the Russian Federation - in relation to military personnel dismissed from the federal security service (counterintelligence) and border troops, foreign intelligence agencies, the Federal Border Service and border service agencies of the Russian Federation, federal government communications and information agencies, the federal special communications agency and information from the Main Security Directorate of the Russian Federation, the Security Service of the President of the Russian Federation, the Federal Security Service of the Russian Federation and the Special Objects Service under the President of the Russian Federation, as well as their families;
d) Federal Penitentiary Service - in relation to employees dismissed from institutions and bodies of the penal system, as well as members of their families;
e) Federal Service of the Russian Federation for Control of Traffic in Narcotic Drugs and Psychotropic Substances - in relation to employees dismissed from the authorities for control of traffic in narcotic drugs and psychotropic substances, as well as their families.
Pension provision for the relevant categories of military personnel discharged from service, private and commanding personnel of internal affairs bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penal system of the former USSR, other states and their families, specified in paragraphs three and the fifth paragraph “a” and paragraph “b” of Article 1 of this Law, is carried out in accordance with the departmental affiliation provided for by this article.
Article 12. Additional social guarantees
State authorities of the constituent entities of the Russian Federation, within the limits of their powers, can establish, at the expense of their own budgets, additional social guarantees for pensioners from among the persons specified in paragraph “a” of Article 1 of this Law, and members of their families living in the territory of the Russian Federation.
Section II. Long service pension
Article 13. Conditions determining the right to a long-service pension
The following are entitled to a long service pension:
a) persons specified in Article 1 of this Law who, on the day of dismissal from service, have length of service in military service and (or) in service in internal affairs bodies, and (or) in service in the State Fire Service, and (or) in service in authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) in service in institutions and bodies of the penal system for 20 years or more;
b) persons specified in Article 1 of this Law, dismissed from service upon reaching the age limit for being in service, for health reasons or in connection with organizational and staffing measures and who have reached 45 years of age on the day of dismissal, having a total work experience of 25 calendar years and more, of which at least 12 years and six months consists of military service and (or) service in internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system.
When determining the right to a pension for long service in accordance with paragraph “b” of part one of this article, the total length of service includes:
a) length of service calculated and confirmed in the manner that was established for the assignment and recalculation of state pensions before the entry into force of the Federal Law “On Labor Pensions in the Russian Federation”;
b) insurance period, calculated and confirmed in the manner established for the assignment and recalculation of labor pensions by the Federal Law “On Labor Pensions in the Russian Federation”.
Article 14. Pension amounts
The long service pension is set in the following amounts:
a) persons specified in Article 1 of this Law who have 20 years of service or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of salary, but in total no more than 85 percent of these amounts;
b) persons specified in Article 1 of this Law who have a total work experience of 25 calendar years or more, of which at least 12 years and six months are military service and (or) service in internal affairs bodies, and (or) service in the State Fire Department service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system: for a total work experience of 25 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 this Law; for each year of service over 25 years - 1 percent of the specified amounts of salary.
In case of re-assignment to military service or to serve in the internal affairs bodies, or the State Fire Service, or to serve in the authorities for control over the circulation of narcotic drugs and psychotropic substances, or to serve in the institutions and bodies of the penal system specified in this article of persons who received a pension, upon their subsequent dismissal from service, the payment of their pension is resumed based on length of service and total length of service on the day of the last dismissal.
Article 15. Minimum pension for long service
The long-service pension assigned in accordance with this Law cannot be lower than 100 percent of the calculated pension amount specified in part one of Article 46 of this Law.
Article 16. Increasing the amount of long-service pension for disabled people
Pensions for length of service assigned to persons specified in Article 1 of this Law increase:
a) persons who have become disabled due to military trauma:
disabled people of group I - by 300 percent of the calculated pension amount specified in part one of Article 46 of this Law;
disabled people of group II - by 250 percent of the calculated pension amount specified in part one of Article 46 of this Law;
disabled people of group III - by 175 percent of the calculated pension amount specified in part one of Article 46 of this Law;
b) persons who have become disabled as a result of a general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their unlawful actions) and who are participants in the Great Patriotic War from among the persons specified in subparagraphs “a” - “g” and “ and" subparagraph 1 of paragraph 1 of Article 2 of the Federal Law of January 12, 1995 N 5-FZ “On Veterans” (hereinafter referred to as the Federal Law “On Veterans”):
disabled people of group I - by 250 percent of the calculated pension amount specified in part one of Article 46 of this Law;
disabled people of group II - by 200 percent of the calculated pension amount specified in part one of Article 46 of this Law;
disabled people of group III - by 150 percent of the calculated pension amount specified in part one of Article 46 of this Law;
c) persons awarded the “Resident of Siege Leningrad” badge who became disabled due to a general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions):
disabled people of group I - by 200 percent of the calculated pension amount specified in part one of Article 46 of this Law;
disabled people of group II - by 150 percent of the calculated pension amount specified in part one of Article 46 of this Law;
disabled people of group III - 100 percent of the calculated pension amount specified in part one of Article 46 of this Law.
Article 17. Supplements to pensions for length of service
The following supplements are accrued to the long-service pension assigned to persons specified in Article 1 of this Law (including those calculated in the minimum amount):
a) pensioners who are disabled people of group I, or who have reached the age of 80 - for their care in the amount of 100 percent of the calculated pension amount specified in part one of Article 46 of this Law;
b) non-working pensioners who are dependent on disabled family members specified in paragraphs “a”, “b” and “d” of part three of Article 29, Articles 31, 33 and 34 of this Law:
if there is one such family member - in the amount of 32 percent of the calculated pension amount specified in part one of Article 46 of this Law;
if there are two such family members - in the amount of 64 percent of the calculated pension amount specified in part one of Article 46 of this Law;
if there are three or more such family members - in the amount of 100 percent of the calculated pension amount specified in part one of Article 46 of this Law.
The specified allowance is accrued only to those family members who do not receive a labor or social pension;
c) pensioners who participated in the Great Patriotic War from among the persons specified in subparagraphs “a”-“g” and “i” of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law “On Non-Disabled Veterans” - in the amount of 32 percent, and persons from among them who have reached the age of 80 - in the amount of 64 percent of the calculated pension amount specified in part one of Article 46 of this Law.
The bonus provided for in paragraph “c” of part one of this article is not accrued to the pension calculated with the increase provided for in Article 16 of this Law.
Article 18. Calculation of length of service for granting a pension
The length of service for the purpose of a pension in accordance with paragraph “a” of Article 13 of this Law includes: military service; service in positions of ordinary and commanding personnel in internal affairs bodies, the State Fire Service; in the authorities for control over the circulation of narcotic drugs and psychotropic substances; service in institutions and bodies of the penal system; service in Soviet partisan detachments and formations; time of work in government and administrative bodies, civilian ministries, departments and organizations with retention in military service or in the personnel of the Ministry of Internal Affairs of the Russian Federation, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system; time of work in the system of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief (fire protection of the Ministry of Internal Affairs, fire and emergency services of the Ministry of Internal Affairs, State Fire Service of the Ministry of Internal Affairs of the Russian Federation), directly preceding their appointment to positions filled by privates and commanding officers and military personnel of the State Fire Service; the time spent in captivity, if the captivity was not voluntary and the serviceman, while in captivity, did not commit a crime against the Motherland; the time of serving the sentence and detention of military personnel, privates and commanding officers who were unjustifiably brought to criminal liability or repressed and subsequently rehabilitated.
The length of service for assigning a pension to officers dismissed from service and persons in command of internal affairs bodies, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances may also include the time of their study before assignment to service (but not more than five years) from calculating one year of study for six months of service.
The time spent serving under special conditions is subject to counting towards the length of service for the purpose of granting a pension to the persons specified in Article 1 of this Law, in preferential terms.
The procedure for calculating length of service for assigning pensions to persons specified in Article 1 of this Law is determined by the Government of the Russian Federation.
Continuation of RF Law No. 4468-I (Part 2) .
/Source - base.garant.ru /
Law of the Russian Federation dated 02/12/1993 N 4468-1 (as amended on 10/01/2019, as amended on 01/28/2020) “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, control bodies trafficking in narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families"
Judicial practice and legislation - Law of the Russian Federation dated 02/12/1993 N 4468-1 (as amended on 10/01/2019, as amended on 01/28/2020) “On pension provision for persons who served in military service, service in internal affairs bodies, and the State Fire Service , authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families"
“For the purpose of granting pensions to persons of ordinary and commanding staff of internal affairs bodies, in accordance with paragraph “a” of part one of Article 13 of the Law, the time (not more than five years) of their training before entering service on a full-time, part-time or part-time basis shall be counted towards the length of service V educational organizations for basic educational programs of secondary vocational education (with the exception of programs for training skilled workers and employees) or higher education (with the exception of programs for training scientific and pedagogical personnel in graduate school, residency programs, assistantship-internship programs) subject to completion of mastering these educational programs and receiving the appropriate level of education, calculated at the rate of two months of study for one month of service - in relation to employees of internal affairs bodies who entered service before January 1, 2012.
b) for persons who performed military service as officers, warrant officers and midshipmen or military service under contract as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and the border service authorities of the Russian Federation, in the internal and railway troops, in troops of the National Guard of the Russian Federation, federal government communications and information agencies, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR and institutions and bodies of the penal system, created in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States, as well as on private and commanding personnel who served in the internal affairs bodies of the Russian Federation and the former USSR, agencies for control of the circulation of narcotic drugs and psychotropic substances, and the State Fire Service and institutions and bodies of the penal system, the troops of the National Guard of the Russian Federation, and the families of these persons who live in states - former republics of the USSR that are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the provision of their pensions on the grounds, established for persons who served in military service, service in internal affairs bodies, and their families.
Article 1 of this Law, and members of their families living in areas where the monetary allowance of military personnel and employees of internal affairs bodies, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, national troops Guards of the Russian Federation, compulsory enforcement bodies of the Russian Federation (hereinafter - employees) in accordance with the legislation of the Russian Federation, coefficients are established, for the period of their residence in these areas pensions assigned in accordance with this Law, bonuses to these pensions provided for in Articles 17, 24 and 38 of this Law, and the increases provided for in Article 16 of this Law, are calculated using the appropriate coefficient established in a given area for military personnel and employees by the Government of the Russian Federation in accordance with federal laws.
For pensioners from among the persons specified in Article 1 of this Law, who served in the regions of the Far North and equivalent areas, respectively, for at least 15 and 20 calendar years, who receive a pension (including pension supplements provided for in Articles 17 and 24 of this Law, and increases provided for in Article 16 of this Law) was calculated using part one of this article; when leaving these areas and localities for a new permanent place of residence, the amount of the pension calculated taking into account the corresponding coefficient in the manner determined by the Government of the Russian Federation is retained.
Pensioners from among the persons specified in Article 1 of this Law, who served in the regions of the Far North and equivalent areas for at least 15 and 20 calendar years, respectively, living in areas where the coefficient for the monetary allowance of military personnel and employees is not established or is set in a smaller amount than at the last place of service of these persons in the regions of the Far North and equivalent areas, pensions assigned in accordance with this Law (including pension supplements provided for in Articles 17 and 24 of this Law, and increases provided for in Article 16 of this Law), are calculated using the coefficient established for the monetary allowance of military personnel and employees at the last place of service of these persons in the regions of the Far North and equivalent areas, regardless of the time of application for a pension. In this case, the maximum size of the coefficient, taking into account which these pensions are calculated, is 1.5.
Article 49. Revision of pensions, minimum pensions, pension supplements, increases and increases in pensions
