When will prosecutors' pensions be increased? When will discrimination against military pensioners stop? Changes provided for in the draft law
Decision in a civil case Information on case No. 2-372/2014 (2-6587/2013;) ~ M-6007/2013
Case No. 2-372/2014
IN THE NAME OF THE RUSSIAN FEDERATION
Oktyabrsky District Court of Vladimir, consisting of:
presiding judge I.N. Mysyagina
under secretary E.A. Filinov,
having considered in open court a civil case on the claim of the Military Prosecutor of the Vladimir Garrison in the interests of Verkhov N.I. to the Office of the Federal Security Service of Russia for the Vladimir Region regarding the imposition of the obligation to pay a pension for length of service, taking into account the bonus for length of service to the salary stipulated Art. 2 of the Federal Law of November 7, 2011. No. 306-FZ “On the monetary allowance of military personnel and the provision of individual payments to them” in the amount of ### percent, the recovery of lost pensions for length of service for the period from DD.MM.YYYY. by DD.MM.YYYY. in the amount of ### 33 kopecks,
u st a n o v i l:
The military prosecutor of the Vladimir garrison filed a lawsuit in the interests of N.I. Verkhov. to the Office of the Federal Security Service of Russia for the Vladimir Region on assigning the obligation to produce Verkhova N.I. with DD.MM.YYYY. payment of a pension for length of service, taking into account the bonus for length of service to the salary provided for in Art. 2 of the Federal Law of November 7, 2011. No. 306-FZ “On the monetary allowance of military personnel and the provision of individual payments to them” in the amount of ### percent, recovery of the lost pension for long service for the period from DD.MM.YYYY. by DD.MM.YYYY. in the amount of ### 33 kopecks.
In support of the stated claims, he indicated that Verkhov N.I. appealed to the military prosecutor's office of the Vladimir garrison with a statement to protect his violated rights in the field of social and pension security.
From the said appeal it follows that from DD.MM.YYYY to Verkhov N.I. a pension was paid in a smaller amount than established by current legislation.
A prosecutor's audit of the implementation by officials of the Federal Security Service of Russia in the Vladimir Region of the legislation on the social protection of military personnel, members of their families, their pensions, established that Verkhov N.I., DD.MM.YYYY year of birth, with DD.MM.YYYY year receives long service pension, is a retired lieutenant colonel.
DD.MM.YYYGVerkhov N.I. a notification was received signed by the head of the FEO Directorate of the FSB of Russia for the Vladimir Region, Lieutenant Colonel FULL NAME5, according to which the percentage bonus for length of service was recalculated for him from DD.MM.YYYY of the year, while, when calculating the amount of the pension, in terms of establishing the percentage bonus for length of service, it was Not the entire period of military service (### years) was taken into account, but part of it - ### years, and therefore the percentage increase was not ###, but ###%.
During the inspection, a message was received from the FEO Directorate of the FSB of Russia for the Vladimir Region that there were no grounds for establishing a percentage increase for length of service to the pension of N.I. Verkhov. in an amount greater than ###% is not available, and therefore, payments in a larger amount will not be made.
According to the information presented from the Federal Security Service of Russia for the Vladimir region and data from the pension file of Verkhov N.I., the latter served in military service in<данные изъяты>from DD.MM.YYYY year to DD.MM.YYYY year, and then from DD.MM.YYYY year to DD.MM.YYYY year in<данные изъяты>
The total length of service of N.I. Verkhov, taking into account all periods of military service, amounted to more than ### years, which gives him the right to a pension. In the Armed Forces of the Russian Federation Verkhov N.I. was not translated, but in the year DD.MM.YYYY Verkhov N.I. moved to permanent residence in the Russian Federation, after which he accepted Russian citizenship.
Officials of the FEO Directorate of the Federal Security Service of Russia for the Vladimir Region calculated the calculation of the pension for N.I. Verkhov, based on the data on military service indicated in the pensioner’s personal file. At the same time, it was recognized that the total length of service of Verkhova N.I. amounted to more than ### years, i.e. orders for military service in<данные изъяты>Thus, his right to a long service pension is recognized. However, when calculating the percentage bonus for length of service, which is an integral part of the pension, Verkhov N.I. only the period of military service is counted<данные изъяты>, which amounted to ### years, and therefore the interest rate was set at ###%.
To substantiate the above calculation, officials of the FEO Directorate of the FSB of Russia for the Vladimir Region referred to paragraph 2 of the Rules for calculating length of service for assigning a monthly bonus for length of service to military personnel performing military service under a contract (including a percentage bonus for length of service for assigning a pension) , approved by the Decree of the Government of the Russian Federation dated DD.MM.YYYY###, and also referred to the letter of the Financial and Economic Directorate 7 of the FSB Service of Russia dated DD.MM.YYYY###, explaining that these norms apply only to citizens of the Russian Federation .
However, from an analysis of the norms of the current legislation of the Russian Federation and the CIS member states, it is clear that the right of Verkhova N.I. to receive a pension, in terms of establishing the amount of the percentage increase for length of service, was violated for the following reasons.
In accordance with paragraph 13 of Art. 2 of the Federal Law dated DD.MM.YYYY No. 306-FZ “On the monetary allowance of military personnel and the provision of individual payments to them”, the monthly bonus for length of service to the salary is set at ###% for length of service of ### years or more.
The rules for calculating length of service for assigning a monthly bonus for length of service to military personnel performing military service under a contract (including the percentage bonus for length of service for assigning a pension) are approved by the Decree of the Government of the Russian Federation dated DD.MM.YYYY###.
Subparagraph “d” of the rules for calculating length of service for the appointment of military personnel undergoing military service under a contract, a monthly bonus for length of service (including a percentage bonus for length of service for assigning a pension), approved by Decree of the Government of the Russian Federation dated DD.MM.YYYY# ##, it is provided that the military service of citizens of the Russian Federation in the armed forces, other troops, military formations and bodies of foreign states with which relevant international treaties or agreements on military cooperation have been concluded is included in the length of service for assigning a percentage bonus.
In accordance with Art. 12 of the Agreement on Military Cooperation concluded DD.MM.YYYY between the Russian Federation and the Republic of Kazakhstan, the parties recognize the validity of the military ranks assigned to military personnel, and also guarantee pensions, provision of benefits to military personnel, persons discharged from military service and members of their families in accordance with current legislation of the Parties, taking into account length of service in the Armed Forces of the former USSR, and subsequent service in the armed forces of the Parties, including under a contract.
In accordance with Federal Law No. 39-FZ dated DD.MM.YYYY. The agreement between the Russian Federation and the Republic of Kazakhstan on military cooperation, signed in Moscow DD.MM.YYYY, has been ratified.
According to Art. 2 Agreement of the CIS countries dated DD.MM.YYYY “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”, the amount of monetary allowance for assigning a pension to military personnel and their families is determined in the manner established by the legislation of the member states , on the territory of which military personnel and their families live.
According to the advisory opinion ### on the interpretation of the application of the provisions of Art. 2 of the Agreement 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 from DD.MM.YYYY, the CIS Economic Court came to the conclusion that when a pensioner - a former military man moves from one state party to the Agreement from DD. MM.YYYY for permanent residence in another participating state, the length of service for determining the percentage increase for granting a pension is calculated in accordance with part two of Article 2 of the Agreement according to the norms of the legislation of the state of the new place of residence.
Officials of the FEO Directorate of the Federal Security Service of Russia for the Vladimir Region, as the body that assigns pensions to military pensioners, did not comply with the requirements of Art. 2 Federal Law of 07.11.2011 No. 306-FZ “On monetary allowances for military personnel and providing them with individual payments”, Resolution of the Government of the Russian Federation dated DD.MM.YYYY### and refused to comply with them due to the incorrect interpretation of these legislative norms.
Finds the defendant's arguments that the controversial period of military service of Verkhova N.I. V<данные изъяты>cannot be taken into account when calculating the percentage premium and in accordance with paragraphs. “d” of the Rules; since the citizenship of the Russian Federation is Verkhov N.I. acquired only in ### year, insolvent.
In accordance with Art. 15 of the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.
The international agreement between the Russian Federation and the Republic of Kazakhstan on military cooperation, signed in Moscow DD.MM.YYYY and ratified by Federal Law dated DD.MM.YYYY No. 39-FZ, guarantees pensions and benefits for military personnel and persons discharged from military service and members of their families in accordance with the current legislation of the Parties, taking into account length of service in the Armed Forces of the former USSR, and subsequent service in the armed forces of the Parties, including under a contract.
By virtue of clause 3 of Art. 2 of the Federal Law dated DD.MM.YYYY No. 76-FZ “On the status of military personnel”, for citizens who served in military units of the Armed Forces of the USSR, other military formations of the USSR and member states of the Commonwealth of Independent States before the adoption of these military formations under the jurisdiction of the Russian Federation and those who transferred to military service in the troops or other military formations, organizations of other states that were previously part of the USSR, retain the social guarantees and compensation provided for by this Federal Law, federal laws and other regulatory legal acts of the Russian Federation, provided conclusion and ratification in the prescribed manner of relevant international treaties of the Russian Federation.
The issue of preserving the rights and benefits of military personnel who entered (called up) military service in the USSR and remained in military service in the armed forces and other military formations of the member states of the Commonwealth of Independent States was generally resolved by the 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, signed by DD.MM.YYYY, including the head<данные изъяты>.
The provisions of this Agreement not only secure the preservation of the level of rights and benefits previously established by laws and other regulations of the former USSR for military personnel, persons discharged from military service, and members of their families, but also establish for them, among others, the right to retain citizenship state member of the Commonwealth (former Republic of the USSR), which they had before entering (conscription) for military service, after leaving military service, accept the citizenship of the host state, remain for permanent residence on its territory or choose another place of residence.
In other words, the newly formed states assumed obligations to preserve and ensure the rights and legitimate interests of military personnel, persons discharged from military service, and members of their families who entered (called up) military service in the USSR.
Currently N.I. Verkhov is a citizen of the Russian Federation and a recipient of a pension in accordance with the legislation of the Russian Federation.
An analysis of the above legal norms, taking into account the circumstances established in the case, allows us to come to the conclusion that it is necessary to include (on the basis of paragraph “e” of paragraph 2 of the Rules) the controversial period of military service of Verkhova N.I. V<данные изъяты>to calculate the percentage bonus for length of service to the salary, which, with length of service of more than ### years (N.I. Verkhova’s length of service over ### years), in accordance with clause 13 of Art. 2 of the Federal Law of November 7, 2011. No. 306-FZ “On monetary allowances for military personnel and provision of individual payments to them” is ###%.
According to the calculation of the Federal Security Service of Russia for the Vladimir region, the amount not received by Verkhov N.I. pensions (the difference between the actually paid pension amount (including the percentage bonus ###) and the pension to be paid (including the percentage bonus ###)) was monthly: in DD.MM.YYYY of the year - ###., DD.MM .YYYY year - ###
Thus, the total underpayment in the period from June to DD.MM.YYYY amounted to ###., which is a significant violation of the rights of a citizen dismissed from military service.
In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.
A decrease in the purchasing power of money not received in a timely manner causes losses, which, in accordance with Art. 15, 1064, 1082 of the Civil Code of the Russian Federation must be fully compensated.
This position is also reflected in paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation ### dated February 14, 2000, which established that citizens whose right to timely receipt of cash payments was violated must be fully compensated for the damage incurred in connection with this and in particular losses from inflation, as well as other damage caused by unlawful actions of the command and other bodies or officials. When determining losses from inflation, the amount of money to be paid may be determined taking into account the consumer price index calculated by the state statistical bodies of the Russian Federation.
According to a certificate from the Territorial Body of the Federal State Statistics Service for the Vladimir Region, the consolidated consumer price index was:<данные изъяты>
Thus, the amount of what was not received by Verkhov N.I. pensions from DD.MM.YYYY to DD.MM.YYYY in the amount of ### 72 kopecks are subject to recalculation taking into account the consumer price index, and amount to ### 33 kopecks.
Based on the above, he requests that the stated claims be satisfied and that the Directorate of the FSB of Russia for the Vladimir Region with DD.MM.YYYY be ordered to produce Verkhova N.I. payment of a pension for length of service, taking into account the bonus for length of service to the salary provided for in Article 2 of the Federal Law of November 7, 2011. No. 306-FZ “On monetary allowances for military personnel and providing them with individual payments” in the amount of ### percent, to recover from the Office of the FSB of Russia for the Vladimir Region in favor of N.I. Verkhov. the shortened amount of the long-service pension for the period from DD.MM.YYYY to DD.MM.YYYY inclusive, taking into account indexation in the amount of ### 33 kopecks.
Plaintiff Verkhov N.I. did not appear at the court hearing, the time and place of which was duly notified.
The defendant's representatives do not agree with the stated claims and ask that they be rejected in full.
In support of their objections, the court was told that in ### year N. I. Verkhov retired.<данные изъяты>Taking into account this information from the authorities<данные изъяты>his length of service was DD.MM.YYYY., and in<данные изъяты>- DD.MM.YYYY
Currently N.I. Verkhov is on pension provision at the Federal Security Service of Russia in the Vladimir region. The amount of pension provision for officials of the FSB Directorate of Russia for the Vladimir Region was made on the basis of the calculation of length of service presented to the FSB Directorate, which was located in the pension file of N.I. Verkhova. Personal file addressed to the FSB Directorate of N.I. Verkhov. never came and, accordingly, no information was taken as the basis for calculating the percentage increase; at the same time, the military prosecutor’s office incorrectly claims that officials of the FSB made calculations of pension calculations based on data on military service indicated in the pensioner’s personal file.
In accordance with the requirements of Articles 43 and 49 of the Law of the Russian Federation dated DD.MM.YYYYy. ### “On pension provision for persons who served in military service or in internal affairs bodies. State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families” - monetary allowances for calculating pensions for military personnel are calculated from their monetary allowances. To calculate their pensions, they are taken into account in the manner determined by the Government of the Russian Federation, salary for a military position or official salary, salary for a military rank or salary for a special rank (without taking into account the increase in salaries for service in remote, high-mountainous areas and in other special conditions) and percentage bonus for length of service (length of service), including payments in connection with the indexation of salary.
The norms of Art. Art. 43 and 49 of the above-mentioned Law dated DD.MM.YYYY, as indicated by the Constitutional Court of the Russian Federation in the ruling dated DD.MM.YYYY###, are aimed at ensuring the implementation of the pension rights of military personnel and cannot be considered as violating their constitutional rights and freedoms.
Decree of the Government of the Russian Federation dated DD.MM.YYYYy. ### the Rules for calculating length of service were approved for assigning a percentage bonus for length of service to military personnel performing military service under a contract.
Taking into account the provisions of Art. 2 Agreement on the procedure for pension provision for military personnel and their families and state insurance for military personnel of the member states of the Commonwealth of Independent States dated DD.MM.YYYYy. determines that service (including on preferential terms) in the armed forces and other military formations specified in Article 1 of this Agreement is counted towards the length of service for the purpose of assigning pensions to military personnel, in the manner established by the legislation of the participating states in whose territory the military personnel served .
According to Part 2 of the same article, it follows that the amount of monetary allowance for assigning pensions to military personnel and their families is determined in the manner established by the legislation of the participating states in whose territory the military personnel or their families live, that is, in the situation under consideration - in accordance with national legislation Russian Federation. Thus, in Article 2 of the Agreement, for calculating length of service in one case - to determine the right to a pension (part one), in another - to determine the amount of salary (part two), separate rules are established regarding the applicable national legislation.
This position is clarified by the decision of the Economic Court of the Commonwealth of Independent States dated DD.MM.YYYY###, according to which the length of service calculated when assigning a pension, including on preferential terms at the place of service in one of the states parties to the Agreement, for a military personnel discharged with military service and who moved for permanent residence to another state party to the Agreement is not subject to recalculation at the new place of residence.
The Advisory Opinion of the Economic Court of the Commonwealth of Independent States dated DD.MM.YYYY### on the interpretation of the application of Article 2 of the Agreement states that when a pensioner - a former military man moves from one state party to the Agreement for permanent residence to another state party - the length of service for military service, calculated in accordance with Part 1 of Article 2 of the Agreement, is accepted solely to establish the right to a pension for length of service and is not taken into account when determining the amount of monetary allowance for assigning a pension, including when calculating the percentage bonus for length of service. The percentage bonus for length of service is calculated according to the legislation of the participating states in whose territory the military personnel reside. Length of service is calculated in the same manner to determine the amount of the percentage bonus.
Based on the foregoing, we believe that there are legal grounds provided for by the current legislation of the Russian Federation and departmental regulatory legal acts for calculating the percentage allowance for those arriving for permanent residence in the Russian Federation from the states party to the Agreement. In this case, the periods of their military service in the armed forces, other troops, military formations and bodies of these states are taken into account only on the condition that during military service these persons were citizens of the Russian Federation and were transferred in the prescribed manner to the Armed Forces of the Russian Federation, other troops, military formations and bodies (subparagraph “c” of paragraph 2 of the Rules).
Period of service Verkhova N.I. V<данные изъяты>is not subject to inclusion in length of service for calculating the percentage bonus. The length of service for assigning pensions and the length of service for determining the size of the percentage bonus as a type of monetary allowance had their intended purpose. The length of service for assigning a pension was used when establishing the right to a pension for long service and determining the amount of calculation of this pension as a percentage. The length of service used to determine the amount of the percentage bonus as a type of salary served to establish the right to receive a percentage bonus and calculate it as a percentage.
In accordance with the requirements of Art. 1109 of the Civil Code of the Russian Federation there are no grounds for withholding for previous periods overpaid funds accrued in connection with the unlawful inclusion in the calculation of the monthly percentage bonus for length of service of certain periods of military service in foreign countries.
In this regard, it is believed that there are grounds for satisfying the claim of the military prosecutor of the Vladimir garrison for payment to N.I. Verkhov. pension for length of service, taking into account the bonus for length of service to the salary in the amount of ### percent and recovery from the FSB in favor of N.I. Verkhov. there is no shortfall in the pension amount, and they ask the court to refuse to satisfy the stated claims in full.
Having examined the case materials and listened to the explanations of the participants in the process, the court comes to the following conclusion.
Verkhov N.I. served in the military<данные изъяты>. Taking into account this information from the authorities<данные изъяты>his service was 23 years 09 months 2 days, and in<данные изъяты>– 01 year 10 months 12 days.
From DD.MM.YYYYy. UFSK RF for the Vladimir region Verkhov N.I. a long-service pension is assigned and paid. Length of service included military service, both in the USSR and in<...>. The amount of the pension was calculated based on the salary of N.I. Verkhov. – salaries according to military position and military rank, as well as a percentage bonus for length of service.
From DD.MM.YYYY. Verkhov N.I. in accordance with the Federal Law of November 7, 2011. No. 306-FZ “On the monetary allowance of military personnel and the provision of individual payments to them” established a monthly (percentage) bonus for length of service to the salary of 40% (for service of 25 years or more).
From DD.MM.YYYY. Verkhov N.I. in accordance with the Decree of the Government of the Russian Federation dated December 21, 2011. ### “On the procedure for calculating length of service for assigning monthly bonuses for length of service to military personnel performing military service under a contract” and a letter from the Financial and Economic Directorate of the 7th Service of the FSB of Russia dated DD.MM.YYYYy. ### and an instruction (ШТ ### from DD.MM.YYYY.) on the calculation of pensions for persons both previously arriving and newly arriving for permanent residence in the Russian Federation from the states parties to the Agreement on the Procedure for Providing Pensions for Military Personnel and Their Families and state insurance of military personnel of member states of the Commonwealth of Independent States, the monthly (percentage) bonus for length of service to the salary was recalculated, which amounted to ### (with 23 years of service).
In accordance with the provisions of Art. Art. 43 and 49 of the Law of the Russian Federation from DD.MM.YYYYy. ### “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” - monetary allowance for calculations of pensions for military personnel are calculated from monetary allowances. To calculate their pensions, they are taken into account in the manner determined by the Government of the Russian Federation, salary for a military position or official salary, salary for a military rank or salary for a special rank (without taking into account the increase in salaries for service in remote, high-mountainous areas and in other special conditions) and percentage bonus for length of service (length of service), including payments in connection with the indexation of salary.
The application in this case of the norms of national legislation regulating the procedure for establishing length of service for calculating the percentage bonus for length of service cannot be regarded as a decrease in the level of pension provision for Verkhova N.I. and violations of his rights and social guarantees.
Decree of the Government of the Russian Federation dated DD.MM.YYYY. ### the Rules for calculating length of service have been approved for calculating a percentage bonus for length of service to military personnel performing military service under a contract.
The procedure for providing pensions to military personnel of the member states of the Commonwealth of Independent States is determined by the Agreement dated DD.MM.YYYYy.
In accordance with Part 1 of Article 2 of the said Agreement, service (including on preferential terms) in the armed forces and other military formations specified in Article 1 of this Agreement is counted as length of service for the purpose of assigning pensions to military personnel, in the manner established by the legislation of the participating states, on the territory in which military personnel served.
Part 2 of this article provides that the amount of monetary allowance (earnings) for assigning pensions to military personnel and their families is determined in accordance with the procedure established by the legislation of the participating states in whose territory the military personnel or their families reside.
Thus, in Article 2 of the Agreement dated DD.MM.YYYYy. for calculating length of service in one case - to determine the right to a pension (part one), in another case - to determine the amount of salary (part two), separate rules have been established regarding the applicable national legislation.
The interpretation of part 1 of Article 2 of the Agreement in relation to the situation when a former military serviceman who served in one state party moves for permanent residence to another state party to the Agreement means that the length of service calculated when assigning a pension according to the legislation of the place of service , is not subject to recalculation at a new place of residence.
In the advisory opinion of the Economic Court of the Commonwealth of Independent States dated DD.MM.YYYY. ### on the interpretation of the application of Article 2 of the Agreement it is stated that the percentage bonus for length of service is calculated according to the legislation of the participating states in whose territory military personnel reside. Length of service is calculated in the same manner to determine the amount of the percentage bonus.
This is the rule regarding length of service Verkhova N.I. to determine his right to a pension by the defendant complied with. His pension is calculated at the rate of 23 years 09 months. 02 days, which amounted to ###% of the salary, the monthly (percentage) bonus for length of service to the salary of the salary was determined in the amount of ###% (with 23 years of service).
Part 2 of Article 2 of the Agreement provides for the procedure in which the amount of monetary allowance for assigning a pension is determined - according to the legislation of the participating states on the territory of which military personnel reside, that is, in this case - in accordance with the national legislation of the Russian Federation.
This norm does not contain a direct reference to length of service to determine the amount of the percentage bonus; however, it is implied in the context as a necessary element in determining the percentage bonus, which is a type of monetary allowance for assigning a pension. The procedure for calculating the percentage allowance cannot be different from that established in relation to monetary allowance. In this regard, the rule on the applicable legislation in relation to monetary compensation also applies to length of service for determining the percentage increase.
Thus, the percentage bonus for length of service is calculated according to the legislation of the participating states in whose territory the military personnel resides, and length of service is calculated in the same manner to determine the size of the percentage bonus.
In accordance with the Regulations on monetary allowances for military personnel of the Soviet Army and Navy, put into effect by order of the USSR Ministry of Defense ### dated DD.MM.YYYY., only periods of service in positions were counted towards the length of service of officers for the payment of a percentage bonus for length of service officers of the Soviet Army, Navy, and Railway Troops from the date of signing the order to confer an officer rank until their exclusion from the unit lists.
DD.MM.YYYYy. The Decree of the Government of the Russian Federation ### “On separate payments to military personnel and members of their families” was adopted, which approved the Rules for calculating length of service for assigning a percentage bonus for length of service to military personnel serving under a contract and additional periods began to be counted for length of service for assigning bonuses military service (including conscription).
In accordance with paragraphs. “c” of paragraph 2 of these Rules, the military service of citizens of the Russian Federation in the armed forces, other troops, military formations and bodies of member states of the Commonwealth of Independent States is counted in calendar calculation for the length of service of military personnel for assigning a percentage bonus for length of service. In the event that they were transferred in the prescribed manner to the Armed Forces of the Russian Federation, other troops, military formations and bodies.
During the court hearing it was established that Verkhov N.I. completed his military service and was retired from<данные изъяты>, was not transferred to the FSB of the Russian Federation in accordance with the established procedure.
According to the message of the Federal Migration Service for the Vladimir Region dated DD.MM.YYYY. ### Verkhov N.I. acquired citizenship of the Russian Federation in accordance with paragraph “d” of Article 18 of the Law of the Russian Federation dated DD.MM.YYYY. “On citizenship of the Russian Federation” based on the conclusion of the Internal Affairs Directorate of the Vladimir Region ### dated DD.MM.YYYY.
Thus, the period of service of Verkhov N.I. V<данные изъяты>with DD.MM.YYYY. by DD.MM.YYYY. is not subject to credit towards length of service for calculating the percentage bonus for length of service. In this regard, the decision of the pension authority to recalculate the percentage bonus based on 23 years of service and bring the amount of the plaintiff’s pension in accordance with the Decree of the Government of the Russian Federation dated DD.MM.YYYY. ### is reasonable.
Taking into account the above, there are no legal grounds for imposing on the defendant the obligation to recalculate the amount of the plaintiff’s pension.
In refusing to satisfy the stated claims, the court also takes into account the fact that from the preamble of the Agreement dated DD.MM.YYYYy. it is seen that it is based on the 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” dated DD.MM.YYYY.
According to this Agreement, military personnel, persons discharged from military service and living on the territory of the member states of the Commonwealth, as well as members of their families, retain the level of rights and benefits previously established by laws and other regulations of the former USSR (Article 1); the fullness of the political, socio-economic and personal rights and freedoms of the named categories of persons, including to receive a pension established by law, in accordance with the norms of international law and the provisions of this Agreement, is established and ensured by the Commonwealth states by their legislation (Article 2).
According to Art. 1 of the Agreement “On the procedure for pension provision of military personnel and members of their families and state insurance of military personnel of member states of the Commonwealth of Independent States” dated DD.MM.YYYYy., pension provision and compulsory state insurance of military personnel of the Armed Forces of member states of the Commonwealth and other military formations created 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 on whose territory These military personnel and their families reside. At the same time, 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 regulations of the former USSR.
Analysis of the said Agreements from DD.MM.YYYY and DD.MM.YYYYy. in their interrelation shows that the provision enshrined in the Agreements on the preservation by the member states of the Commonwealth of the level of pension provision not lower than the level of previously established rights and benefits implies the adoption by these states of regulations in which the specific type and actual amount of the pension must be determined in accordance with national legislation .
Pursuant to the Agreement dated DD.MM.YYYYy. in the Russian Federation DD.MM.YYYYy. The Law ### “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the criminal executive system, and their families” was adopted, which in accordance with Part 2 of Article 39 of the Constitution of the Russian Federation, the legal grounds for assigning pensions and the procedure for their calculation are determined.
According to Article 43 and part one of Article 49 of the said Law, pensions for persons who served in military service are calculated from the pay of military personnel; for the calculation of their pensions, they are taken into account in the manner determined by the Government of the Russian Federation, 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) and a percentage bonus for length of service, including payments in connection with with indexation of salary; When the pay of military personnel increases, pensions are subject to revision based on the level of increase in the pay of the corresponding categories of military personnel and employees taken into account when calculating pensions simultaneously with its increase.
The norms of Article 43 and 49 of the above-mentioned Law dated DD.MM.YYYY., as indicated by the Constitutional Court of the Russian Federation in the ruling dated DD.MM.YYYYy. ### are aimed at ensuring the implementation of the pension rights of military personnel and cannot be considered as violating their constitutional rights and freedoms.
The foregoing indicates that the provisions of Article 1 of the Agreement dated DD.MM.YYYYy. on the need to maintain the level of pension provision for military personnel and their families not lower than the level previously established by legislative and other regulations of the former USSR, are reflected both in the law dated DD.MM.YYYY., and other by-laws, including Government Decree ###, which do not contradict the said Agreement.
Thus, the application in this case of the norms of national legislation regulating the procedure for establishing length of service for calculating the percentage bonus for length of service cannot be regarded as a reduction in the level of the plaintiff’s pension provision and a violation of his rights and social guarantees.
Taking into account the above, the court does not find legal grounds for satisfying the claims made by the Military Prosecutor of the Vladimir Garrison in defense of the rights and legitimate interests of N.I. Verkhov. and considers it necessary to refuse to satisfy the Military Prosecutor of the Vladimir Garrison.
Based on the above, guided by Art. 194-199 Code of Civil Procedure of the Russian Federation, court
Refuse the Military Prosecutor of the Vladimir Garrison, who went to court in the interests of Verkhov N.I., to satisfy the stated claims against the Office of the Federal Security Service of Russia for the Vladimir Region to impose the obligation to produce Verkhov N.I. with DD.MM.YYYY. payment of a pension for length of service, taking into account the bonus for length of service to the salary provided for in Art. 2 of the Federal Law dated DD.MM.YYYY. No. 306-FZ “On the monetary allowance of military personnel and the provision of individual payments to them” in the amount of ### percent, recovery of the lost pension for long service for the period from DD.MM.YYYY. by DD.MM.YYYY. inclusive, taking into account indexation in the amount of ### 33 kopecks.
The decision can be appealed on appeal to the Vladimir Regional Court through the Oktyabrsky District Court of Vladimir within one month from the date the court decision was made in final form.
Russian President Vladimir Putin signed a law increasing pensions for employees of the prosecutor's office and the Investigative Committee. WITHOn February 1, 2018, they will receive a monthly bonus in an amount corresponding to the amount of the additional payment for the class rank. Such allowances are provided to prosecutors, scientific and teaching staff of bodies and organizations of the prosecutor's office, employees of the Investigative Committee, as well as members of their families. On average, the increase for pensioners who previously worked in these areas will be 6–7 thousand rubles, and an additional 2.5 billion rubles will be spent on this from the budget.
“The State Duma rejected the bill to restore the indexation of pensions for all working pensioners, since there were no funds for this,” writes the telegram channel Open Editorial. “Instead, deputies will increase pensions only for a select few - former prosecutors, investigators and members of their families. This is in the budget 2.5 billion rubles were found from somewhere.”
“In Russia there are no pensioners living below the poverty line, the Pension Fund said,” quoted by Vladimir Mitroshchev. - In August 2016, the government abandoned the second indexation of pensions, which was required by law. Along with this, pensioners received a one-time payment in the amount of 5 thousand rubles in January 2017. And in November 2017, the State Duma refused to index pensions for working pensioners, while two weeks earlier the parliament supported the idea of increasing pensions for former prosecutors, employees of the investigative committee and members of their families - the size of their pensions will be indexed annually."
“But this is not the corruption of those in power, the pension was added to them and their family members, and they don’t consider the rest of the pensioners to be people and by their actions they show all pensioners a big deal, but they worked only to please themselves, and they are elected by the people. They just don’t work for people, and into your own pockets, my dear ones,” - opinion of Tamara Shavgalieva.
The human rights activist has the official income of judges in Russia and came to the conclusion: today the servants of Themis are the wealthiest civil servants.
In the 2000s, judges became not just highly paid, but the highest paid, notes Olga Romanova. - Today, a judge is the highest paid position in the government apparatus. Their salary consists of five parts. The first is the salary, it is calculated according to the law “On the Status of Judges”, as a percentage of the salary of the chairman of the Supreme Court of the Russian Federation (it is tied to the salary of the head of the Constitutional Court: the chairman of the Supreme Court receives 98% of the salary of the head of the Constitutional Court, and the latter’s salary is approved by the president).
For other judges, the salary is calculated as follows: the salary of the chairman of the Supreme Court is taken as 100%, his first deputy receives 95%, and so on. The bottom line is occupied by a justice of the peace in any territory except Moscow and St. Petersburg - the salary of a provincial is equal to 60% of what the chairman of the Supreme Court receives according to his position. But his Moscow or St. Petersburg colleague is already 64%.
Other parts of the salary are bonuses for qualifications, length of service (oddly enough, this is not one bonus, but two independent ones), regular bonuses (according to Romanova, they now they have been increased to 1.9 times the salary for the position) and, finally, special additional payments for an academic degree or title, knowledge of foreign languages. For example, for a justice of the peace they can be 1.6 times the salary.
“In terms of money” this comes out to different, but definitely not bad amounts. For example, aspiring magistrates in the regions receive 50–80 thousand rubles a month, and a federal judge receives 150–170 thousand rubles a month without bonuses and allowances, reports Olga Romanova. Also, judges are provided with free housing at the rate of 33 square meters. meters per judge + 18 sq. meters for each family member + 20 sq. meters of additional living space. They are entitled to free robes, clothing and shoes for work.
And finally, pensions. If a judge has 20 years of work experience or more, then he has the right to choose - a pension on a general basis or a lifetime allowance. Lifetime maintenance is a very attractive thing: a person receives 80% of the amount he received while at work every month. The only downside here is that it is taxed. Lifetime maintenance of a retired judge in the amount of 100 thousand rubles per month is a common thing, writes Olga Romanova, and according to the website prozvi.ru - even 150 thousand rubles.
What about pensions? former employees of the prosecutor's office and the Investigative Committee, then it is carried out in accordance with the provisions of the law on pensions for former military personnel and those equivalent to them. They are more modest than “judge” pensions, but still significantly higher than the pensions of average citizens. According to the head of the Duma Committee on Security and Anti-Corruption, Vasily Piskarev, now the average pension of a former district-level investigator is 20-22 thousand rubles, approximately the same as that of a former district prosecutor. Now these amounts will be indexed by another 30%.
MOSCOW AND MOSCOW REGION:
SAINT PETERSBURG AND LENIGRAD REGION:
REGIONS, FEDERAL NUMBER:
Increase in pensions for prosecutors in 2019
Former employees of the prosecutor's office are interested in the amount of benefits they will receive in 2019. Indexation will also affect payments to employees of the Investigative Committee of the Russian Federation. The prosecutor's pension in 2019 should increase by 4%. Both for employees and for employees of the prosecutor's office, pension provision is carried out in the same manner. The amount of the benefit depends not only on the number of years of work experience. The amount of payments is influenced by the reasons why the employee resigned. Pensions for prosecutors increased on February 1 in 2018.
Under what conditions do prosecutors receive benefits?
A former prosecutor can receive payments if he has already reached retirement age. The state financially supports employees with disabilities. Poor health can also be a reason for dismissal. If this event occurs, the state pays the former employee severance pay. Its dimensions are set according to the duration of work. To receive five salaries, you must work for at least ten years.
Employees who have accumulated ten to fifteen years of experience will receive financial assistance in the amount of ten salaries. Prosecutors who have worked for ten to fifteen years are entitled to receive fifteen salaries. In addition, the employee will be given a bonus for length of service. More experienced employees receive twenty salaries from the state.
Former employees are interested in the question of what the pension for prosecutors will be in 2019. Recent news suggests positive changes that will affect older people.
To increase pensions for prosecutors in 2019, 2.5 billion rubles are needed. Funding for this purpose has already been included in the budget.
Employees entitled to receive a prosecutor's pension
- Money from the budget is paid to the following citizens:
- advisors and assistants;
- criminologists;
- senior reviewers;
- heads of departments;
- investigators conducting cases of particular importance;
- chairmen of the Investigative Committee;
- Prosecutors General.
How will the prosecutor's pension change in 2019?
The government introduced a bill defining the procedure for indexing pensions for prosecutors in 2019. The salary of a retired ICR employee has not been increased since 2015. And former prosecutors are also in the same group as retired military officers. Pensions for prosecutors will be increased in 2019 on the same terms as for employees of the Ministry of Internal Affairs. The government increased the salaries of military personnel by 4%. Now the indexation of pensions of former prosecutors in 2019 will be enshrined in legislation. Payments for this category of pensioners will increase under the same conditions as for military personnel.
By introducing this initiative, the state will eliminate income inequality among older people. To receive benefits, ICR employees and prosecutors must work for at least twenty years.
Prosecutor pensions will increase in 2019 due to a 4% increase in salaries.
Payment for length of service reaches fifty percent of the amount of salary. The salary of an ordinary prosecutor depends on the salary of the First Deputy Prosecutor General. The same principle is used when calculating benefits to TFR employees.
To increase pensions for former employees and prosecutors of the Investigative Committee, approximately 2.5 billion rubles are needed. But you shouldn’t expect a significant increase in payments. When indexation is carried out, the annual prosecutor's pension in 2019 will increase by 1.2-1.5 thousand rubles.
Changes provided for in the draft law
Former prosecutors will receive an increase in their pension supplement starting February 1, 2019. When the payment is calculated, the rank of the employee is taken into account. Specialists will receive a manual that will take into account increasing factors. Indexation will also apply to additional payments for length of service. Additional payments are included in the pension. The amount of investigator's and prosecutor's pensions is influenced by the following parameters:
salary for the title;
long service bonus used when calculating pensions;
salary that corresponds to the position held.
As you already know, the state plans to increase pensions in 2019 for prosecutors’ office employees by 4%. The increase will apply to the salaries of both investigators and prosecutors.
Case No. 2-1110/2017
SOLUTION
In the name of the Russian Federation
Sovetsky District Court of Vladivostok, composed of presiding judge T.A. Borshchenko,
under the secretary Inozemtseva A.S.,
Having considered in open court a civil case based on the claim of Elkin I.N. to the Military Commissariat of the Primorsky Territory for the recognition of the right to receive a monthly supplement to the pension and the imposition of the obligation to make additional payments to the pension
INSTALLED:
Elkin I.N. filed a lawsuit against the Military Commissariat of the PC for recognition of the right to receive a monthly supplement to the pension and the imposition of the obligation to make additional payments to the pension, indicating that Elkin I.N. served in the military prosecutor's office of the Spassk-Dalny garrison as an investigator. In 1999, the plaintiff was dismissed from the military prosecutor's office from the specified position on a long-service pension. In 2015, in order to increase the level of pension provision for certain categories of pensioners, Decree of the President of the Russian Federation dated December 9, 2015 No. 610 “On monthly supplements to pensions for certain categories of pensioners” was issued, and later amendments were made to it by Decree of the President of the Russian Federation dated December 21 .2016 No. 698. In accordance with the above regulations, pensioners whose pensions were not revised during the reform of the pay of military personnel and employees of some federal executive bodies are given a monthly supplement to their pension in the amount of 2,500 rubles, and from 1 - in the amount of 3,700 rubles , s - in the amount of 4,900 rubles. Considering that the amount of pension of Elkin I.N., as a former employee of the military prosecutor's office of the Ministry of Defense of the Russian Federation, was not revised when reforming the pay of military personnel, he believes that the effect of the above Decrees of the President of the Russian Federation extends to the plaintiff. Elkin I.N. appealed to the Federal Institution "Military Commissariat" of the PC with an application for payment of a monthly supplement to the pension in the amount of 2,500 rubles, provided for by Decree of the President of the Russian Federation of December 9, 2015 No. 610. , the plaintiff received a written refusal of the Military Commissariat of the PK to make the above monthly supplement to the pension. The plaintiff does not agree with the conclusions and reasons for the refusal. Considers the actions of the Military Commissariat of the PC illegal, violating the rights of the plaintiff. Taking into account the above, pensions for military personnel of the military prosecutor's office, including Elkin I.N. were not subject to revision in 2012 due to the direct instructions of the law, and had to be assigned from the current salary, the size of which increased only from, and the previously existing rules for assigning a pension. In order to comply with social protection measures for persons who received pensions up to the number of citizens dismissed from the positions of judges of the Military Collegium, prosecutors and employees of the Investigative Committee of the Russian Federation, the Ministry of Defense of the Russian Federation, a decision was made, which established that when revising pensions for these categories of persons in new amounts establish salaries according to military rank and percentage bonuses for length of service. In this case, a reduction factor should not be applied to the received monetary allowance for calculating the pension. Thus, with the reform of the monetary allowance of military personnel, the amount of pensions was increased partially, only by military rank. Salary based on military position and length of service were not revised. In November 2014, Elkin I.N. compensation was paid for the period from to due to a change in the percentage bonus for length of service from 30% to 70%. From 2014 to the present, pension provision for Elkina I.N. was not indexed based on the level of inflation in the Russian Federation. Asks the court to recognize Elkin I.N. the right to receive a monthly supplement to pension in accordance with Decree of the President of the Russian Federation dated December 9, 2015 No. 610 “On monthly supplement to pensions for certain categories of pensioners” (as amended on December 21, 2016 No. 698), oblige the Federal Institution “Military Commissariat of the Primorsky Territory” make a payment to Elkin I.N. monthly supplement to pension: s - in the amount of 2,500 rubles, s - in the amount of 3,700 rubles, s - in the amount of 4,900 rubles.
Plaintiff Elkin I.N. did not appear at the court hearing, was duly notified of the date and time of the court hearing, and, according to the claim, requests that the case be considered without his participation.
DECIDED:
The claim of Elkin I.N. against the Military Commissariat of the Primorsky Territory for the recognition of the right to receive a monthly supplement to the pension and the imposition of the obligation to make additional payments to the pension is refused.
The decision can be appealed by the parties to the Primorsky Regional Court through the Sovetsky District Court of Vladivostok within a month from the moment the decision is made in a reasoned form.
The reasoned decision was made on 06/06/2017.
Judge T.A. Borshchenko
