When Judges Retire. Determination of the Supreme Court of the Russian Federation on offsetting the length of service of the period of military service in the Skr

Explanations of the Council of Judges of the Russian Federation on the application of the law “On the Status of Judges in the Russian Federation”

1. Question: If a retired judge with more than 10 years of service has not reached the age of 55 (for women - 50) years and does not receive a monthly life allowance, does he still have the right to social security (medical care, sanatorium spa treatment, free public transport)?

Answer: Subject to the requirements provided for in paragraph 3 of Art. 3 of the Law of the Russian Federation of June 26, 1992 p. N 3132-1 (as amended on April 14, December 24, 1993, June 21, 1995, July 17, 1999, June 20, 2000, December 15, 2001), the judge is considered retired and behind him the right to social security (medical care, spa treatment, free travel in public transport) is retained.

In case of violation of the requirements provided for in paragraph 3 of Art. 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation" (as amended on April 14, December 24, 1993, June 21, 1995, July 17, 1999, June 20, 2000 ., December 15, 2001), the resignation of a judge must be terminated by a decision of the qualification board on the initiative of the supreme courts of the republics, territorial and regional courts, courts of cities of federal significance, courts of an autonomous region and autonomous districts, departments (departments) of the Judicial Department in the constituent entities of the Russian Federation .

2. Question: Is the right to medical care and sanatorium treatment reserved for a judge who has served less than 10 years as a judge and retired in accordance with subpara. 4 p. 1 art. 14 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation" (as amended on April 14, December 24, 1993, June 21, 1995, July 17, 1999, June 20, 2000 ., December 15, 2001), after the expiration of terms of office?

Answer: On the basis of paragraph 2 of Art. 15 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation" (as amended on April 14, December 24, 1993, June 21, 1995, July 17, 1999, June 20, 2000 ., December 15, 2001) a judge is considered to have retired or retired if his powers are terminated on the grounds provided for in sub. 4 p. 1 art. 14 of the above Law.

The judge is considered retired in accordance with paragraph 6 of Art. 15 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" as long as it complies with paragraph 3 of Art. 3 of the said Law. If these requirements are met, the judge retains the right to medical care, including sanatorium treatment and the provision of medicines, which is paid for from the federal budget.

3. Question: In accordance with paragraph 2 of Art. 19 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation" (as amended on April 14, December 24, 1993, June 21, 1995, July 17, 1999, June 20, 2000 ., December 15, 2001) the time of the judge's journey to the place of rest and back is not included in the vacation period. The cost of travel to the place of rest and back is subject to payment.

In accordance with par. 2 p. 8 of the Resolution of the Supreme Council of the Russian Federation of May 20, 1993 N 4994-1 "On Certain Issues Related to the Application of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" payment to judges for travel to and from the place of rest is made within the territory of the Russian Federation Federation in relation to the norms of reimbursement of travel expenses.

How to reflect the days of travel to the place of rest and back in the report card and on the basis of what documents to pay for them?

Answer: The days required for travel to the place of rest and back are documented by order (instruction) at the request of the judge as days without pay (respectively, they are also noted in the report card). After the vacation, the judge must submit travel documents to the accounting department confirming that he is on the road these days, after which the accounting department pays the fare in relation to the rates of travel expenses established by Decree of the President of the Russian Federation of November 24, 1995 N 1177 "On the rates of expenses for federal civil servants on business trips within the Russian Federation. At the same time, it should be borne in mind that for persons working in the regions of the Far North, clause 11 of the Procedure for conducting cash transactions in the Russian Federation (approved by the decision of the Board of Directors of the Central Bank of Russia on September 22, 1993 N 40) is applied, according to which persons who have received cash against a report on expenses related to business trips are required to submit a report on the amounts spent to the accounting department of the enterprise no later than three working days from the date of their return from a business trip.

Should the judge be granted unpaid leave during the judge's journey to the place of rest and back only simultaneously with the provision of annual paid leave, or is it possible for the judge to grant this leave later upon his application?

Answer: In accordance with the letter of the Ministry of Justice of the Russian Federation of December 26, 1997 N 14-25-2481-97 "On some issues of social protection of judges and members of their families," payment for travel to the place of rest and back at the expense of the federal budget is made only judges during the period of the next vacation, as well as retired judges involved in the performance of the duties of a judge in accordance with Art. 7.1 of the Law of the Russian Federation "On the status of judges in the Russian Federation", in the event that they are granted leave for the time actually worked during the period of performance of the duties of a judge. Thus, in this letter, travel to the place of rest and back is associated with the time of granting the next vacation.

4. Question: Does a judge who is on parental leave have the right to social guarantees provided for by Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation"?

Answer: In accordance with paragraph 2 of Art. 13 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", the suspension of a judge's powers, with the exception of the case of electing him into custody as a measure of restraint, does not entail a decrease in the level of other types of material and social security of a judge and does not deprive him of immunity established by this Law .

According to Art. 2 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation" all judges of the Russian Federation have a single status.

5. Question: Should the judge's spouse and children be attached to the polyclinic if he/she is registered for permanent residence at a different address?

Answer: In paragraph 5 of Art. 19 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" states that a judge and members of his family have the right to medical care. According to paragraph 5 of the Resolution of the Supreme Council of the Russian Federation of May 20, 1993 N 4994-1 "On Certain Issues Related to the Application of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", spouse, parents and children, Thus, only members of the judge's family who are registered and live with him in the same living space are subject to voluntary medical insurance.

6. Question: In accordance with paragraphs 8, 9, 25 - 27 of Art. 14 and pp. 5, 6, 18 Art. 15 of the Federal Law of January 12, 1995 N 5-FZ "On Veterans" participants and disabled veterans of the Great Patriotic War are entitled to a benefit in paying for housing, utilities, telephone, free (once every two years) or preferential (once per year) travel by rail, air, water or road transport of interregional, interregional, inter-republican routes. These benefits are implemented through the social protection authorities for persons receiving old-age and disability pensions. How to implement this benefit for veterans of the Great Patriotic War who receive a monthly life allowance?

Answer: Only retired judges who have become disabled due to military trauma are entitled in accordance with par. 3 p. 5 art. 15 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation" to receive a monthly life allowance and a disability pension at the same time. While receiving a disability pension, these judges enjoy the benefits enshrined in the Federal Law "On Veterans".

For retired judges who were participants in the Great Patriotic War and became disabled due to a general illness, the current legislation does not provide for the simultaneous receipt of a monthly life allowance and a disability pension. These judges can enjoy the benefits of the Federal Veterans Act, receiving an old-age pension and a disability pension due to general illness, while waiving the monthly life allowance.

7. Question: Does a retired judge involved in the administration of justice under Art. 7.1 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", all types of material and social security established for acting judges?

Answer: A retired judge involved under Art. 7.1 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" to the performance of duties as a judge, enjoys all types of material and social security established by the Law for acting judges, since at this time he administers justice.

8. Question: In accordance with Resolution No. 5-P of the Constitutional Court of the Russian Federation, judges who have served as a judge for at least 10 years and who retired from the position of a judge upon the expiration of their term of office or retired on grounds compatible with the status of a judge have the right to receive a monthly life allowance when they reach the age of 50 or 55 (respectively for women and men), which is not hindered by the fact that before reaching the specified age, the person who left the judicial position could engage in other paid activities.

What is meant by other paid work? Any paid work or only provided for in paragraph 3 of Art. 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation"?

Answer: Judges who are retired and who comply with the requirements provided for in paragraph 6 of Art. 15 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation". In accordance with this article, a judge is considered retired as long as he complies with the requirements provided for in paragraph 3 of Art. 3 of the said Law. And this means that a retired judge, until the appointment of a monthly life allowance, has the right to engage only in scientific, teaching, literary, creative activities or work in the field of justice.

9. Question: In accordance with paragraph 3 of Resolution of the Supreme Council of the Russian Federation of May 20, 1993 N 4994-1 "On Certain Issues Related to the Application of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", the length of service of a judge is included as length of service. work as a judge in the courts of the Russian Federation and the former USSR, and the length of his work as a judge in the courts of states that were formerly part of the USSR.

In accordance with paragraph 3.1 of the Instructions on the procedure for appointing and paying monthly life allowance to judges, the time spent as a judge in the states formerly part of the USSR before December 12, 1991, is counted as the length of service for persons who have retired or resigned from the position of a judge of the Russian Federation. Federation.

In connection with the foregoing, the question arises: when retiring from the position of a judge of the Russian Federation, does the period of work after December 12, 1991 in the courts of states that were previously part of the USSR count towards the length of service as a judge of the Russian Federation for the appointment and payment of a monthly life allowance? .

Answer: When resigning from the position of a judge of the Russian Federation, the period of work after December 12, 1991 in the courts of states that were formerly part of the USSR does not count towards the length of service as a judge of the Russian Federation for the appointment and payment of a monthly life allowance. The specified period can be counted if there is an agreement on guarantees of the rights of citizens in the field of pension provision between the Russian Federation and a state that is part of the Commonwealth of Independent States.

10. Question: A judge whose powers have been terminated continues to exercise the powers of a judge until a new judge takes office or until the end of the consideration on the merits of a case initiated with the participation of this judge. What experience of a judge should be taken into account for the appointment of a monthly life allowance and payment of severance pay - at the time of termination of office or at the time of dismissal from the staff of the court?

Answer: In accordance with clause 3.1 of the Instruction on the procedure for appointing and paying monthly life maintenance to judges of federal courts of general jurisdiction and federal arbitration courts, approved by the Supreme Arbitration Court of the Russian Federation on August 5, 1999 and the Supreme Court of the Russian Federation on August 17, 1999, in the length of service As a judge of the Russian Federation, for the appointment and payment of a monthly life allowance, the time of work as a judge (state arbitrator) is included from the day of his election (appointment) to the position or assignment of the duties of a judge (state arbitrator) to him in the manner prescribed by law until the day of the actual termination of these powers. This procedure for calculating the length of service as a judge can also be applied when calculating severance pay.

11. Question: In accordance with the decision of the Constitutional Court of the Russian Federation of February 19, 2002 No. 5-P, judges who have at least 10 years of experience in the position of a judge and who left the position of a judge due to the expiration of their term of office, but who have not reached the age of 55 (for women - 50) years old, are entitled to receive a monthly life allowance upon reaching the specified age. How to calculate the monthly life allowance for such judges?

Answer: Life maintenance for these persons should be calculated in accordance with Art. 2 of the Federal Law of June 21, 1995 N 91-FZ "On Amendments and Additions to the Law of the Russian Federation "On the Status of Judges in the Russian Federation" based on the official salary of a judge of the corresponding level, additional payments for the qualification class (if it was assigned) and length of service years.

12. Question: What is the procedure for calculating the amount of severance pay provided for in paragraph 3 of Art. 15 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", a judge who was appointed (elected) to the position of a judge after dismissal from military service, service (work) in the prosecutor's office, internal affairs, the FSB, the tax police and other bodies on a pension (in resignation) and received severance pay upon dismissal from the said bodies?

Answer: In accordance with the letter of the Supreme Court of the Russian Federation dated September 23, 1997 N KD-10 / 97-513 to the retired and retired judge, who was appointed (elected) to the post of judge after dismissal from military service, service (work) in the prosecutor's office, internal affairs, the FSB, the tax police and other bodies to retire (retire) with the payment of the severance pay established by legislative and other regulatory acts, when calculating the amount of the severance pay provided for in paragraph 3 of Art. 15 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", only the time of work as a judge after dismissal from these bodies is taken into account.

13. Question: In accordance with paragraph 4 of Art. 3 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation", a judge who is retired and has at least 20 years of experience as a judge, or who has reached the age of 55 (for women - 50) years, has the right to work in state authorities, local governments, state and municipal institutions, in trade unions and other public associations.

During the period of carrying out the activities in which a retired judge is entitled to engage in accordance with this paragraph, the guarantees of inviolability established by Art. 16 of this Law, the membership of the said judge in the judicial community for this period is suspended.

Does this judge retain the rights and benefits of a retired judge?

Answer: In accordance with paragraph 4 of Art. 3 of the above Law, the judge retains the status of a retired judge, therefore, he retains all rights and benefits, namely:

• - medical care, including the provision of medicines;
• - Spa treatment;
• - free travel on all types of public transport: urban, suburban and local, except for taxis;
• - Provision of living space.
• 14. Question: Is the premium included in the calculation of the monthly life allowance?

Answer: According to clause 4.2 of the Instruction on the procedure for appointing and paying monthly life maintenance to judges of federal courts of general jurisdiction and federal arbitration courts, approved by the Supreme Arbitration Court of the Russian Federation on August 5, 1999 and the Supreme Court of the Russian Federation on August 17, 1999, when determining the amount of the monthly life bonuses are not included in the composition of wages (cash allowance).

Monthly life maintenance in accordance with paragraph 5 of Art. 15 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation" is calculated from the salary of a working judge. This paragraph has not changed in the new edition of the above Law with the latest amendments and additions made on December 15, 2001.

In Art. 2 of the Federal Law of January 10, 1996 N 6-FZ "On Additional Guarantees of Social Protection of Judges and Employees of the Offices of the Courts of the Russian Federation" lists the components that are part of the salary of judges of the Russian Federation. According to this article, monetary incentives (bonuses) based on the results of work for the quarter and year are also included in the salary of judges.

Federal Law No. 76-FZ of June 28, 2002 "On Amendments and Additions to the Federal Law "On Additional Guarantees for the Social Protection of Judges and Employees of the Staff of the Courts of the Russian Federation" amendments to Article 2 of the Federal Law "On Additional Guarantees for the Social Protection of Judges and employees of the apparatus of the courts of the Russian Federation" in terms of the payment of bonuses, did not contribute.

Based on the foregoing, bonuses should be included in the monthly life allowance.

15. Question: Are retired judges entitled to apply for a sanatorium-and-spa voucher for themselves and their family members?

Answer: According to paragraph 5 of Art. 19 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation" (with subsequent amendments), the judge and members of his family have the right to sanatorium treatment, which is given to the judge, his wife (spouse) and minor children paid from the federal budget. This right is retained by the judge even after his resignation (removal) or retirement.

Thus, from the literal interpretation of this norm of the Law, it follows that after the retirement (removal) of judges into retirement or retirement, only judges have the right to sanatorium-and-spa treatment. Family members do not enjoy this right.

16. Question: Is there any provision for the payment of monetary compensation for unused spa treatment to judges on parental leave?

Answer: By virtue of the constitutional and legal status of judges, associated with the implementation of their public-legal tasks of the judiciary, the legislator makes not only high demands on them, but also provides high guarantees of independence, including measures of material and social security.

Based on the status of judges (Article 2 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" dated June 26, 1992), these guarantees, including those enshrined in paragraph 5 of Art. 19 of the aforementioned Law and art. 9 of the Federal Law of January 10, 1996 N 6-FZ "On Additional Guarantees of Social and Legal Protection of Judges and Employees of the Staff of the Courts of the Russian Federation", apply equally to all judges in the Russian Federation and cannot be canceled or reduced by other regulatory acts .

The provision of parental leave to judges does not change his legal status as an acting judge, which is why the guarantees provided to him by the Law cannot be reduced, including in terms of payment of monetary compensation for the unused right to sanatorium-and-spa treatment.

17. Question: Is a monetary compensation in the amount of the cost of an unused sanatorium voucher paid to retired judges?

Answer: According to the meaning and content of the legal norms of the Federal Law "On Additional Guarantees of Social and Legal Protection of Judges and Employees of the Staff of the Courts of the Russian Federation" dated January 10, 1996, most of them relate to working judges.

Some norms apply to retired judges, as expressly stated in the relevant article of the Law.

In Art. Article 9 of the Law, which provides for the payment of monetary compensation in the amount of the cost of a sanatorium voucher, which the judge did not use, does not indicate that this provision applies to retired judges. Therefore, this compensation is not paid to retired judges.

18. Question: Is the allowance for complexity, intensity, high achievements in work and a special regime of work included in the salary of judges?

Answer: The composition of the salary of judges is determined by Art. 2 of Federal Law N 6-FZ of January 10, 1996 "On Additional Guarantees of Social and Legal Protection of Judges and Employees of the Offices of the Courts of the Russian Federation".

According to this article, an allowance for complexity, tension, high achievements in work and a special work regime is included in the salary of judges.

19. Question: Is the monthly life allowance subject to recalculation for retired judges who left the regions of the Far North after retiring, provided that they retired from the area classified by law as the regions of the Far North, and currently living in the area, not included in the latter?

Answer: In accordance with the Law of the Russian Federation "On the Status of Judges in the Russian Federation" (clause 1, article 19), judges who have worked in the regions of the Far North and equivalent areas for at least 15 and 20 calendar years, respectively, and who have retired (retired) , the monthly life allowance is assigned and paid taking into account the regional coefficient of wages, regardless of their place of residence and the time of applying for the specified maintenance.

This rule provides for the appointment and payment of a life allowance to judges who, after retirement, left the regions of the Far North in areas where climate bonuses and regional coefficients are not provided for work.

In this case, the law retained only the district coefficient when appointing life sentences to judges.

In this regard, the amount of the monthly life allowance must be reduced (recalculated) by the corresponding amount of the percentage allowance for work in the Far North and equivalent areas.

20. Question: Are working judges eligible for the 50% monthly life allowance included in the secrecy supplement?

Answer: The specified surcharge is provided for by Art. 2 of Federal Law N 6-FZ of January 10, 1996 "On Additional Guarantees of Social and Legal Protection of Judges and Employees of the Staff of the Courts of the Russian Federation", and its payment is made on the basis of orders of court chairmen to individual judges who have special access to secret documents and constantly working with secret cases and materials, in connection with which we consider it possible to include this additional payment in the composition of 50% of the monthly life allowance, but only to those who actually received it on the basis of the relevant order.

21. Question: Is there any severance pay for retired judges who have been temporarily assigned to serve as a judge?

Answer: The law does not provide for the payment of severance pay to retired judges who are temporarily involved in the performance of the duties of a judge, since they do not retire again.

During the period of temporary work, they are fully paid life maintenance and wages (Article 8 of the Federal Law "On Additional Guarantees of Social and Legal Protection of Judges and Employees of the Staff of the Courts of the Russian Federation" dated January 10, 1996).

22. Question: Does a judge use the right to receive housing at the location of the court if he has previously used the right to receive housing in accordance with Part 3 of Art. 19 of the Law of the Russian Federation "On the status of judges in the Russian Federation" at the previous place of work as a judge in another city, district of a subject of the Russian Federation?

Answer: The current legislation, which regulates the procedure and conditions for providing judges with housing, does not contain restrictions on the frequency of providing housing to a judge (as well as to other citizens), including in the case of granting them powers in another district of the region, Russia.

In particular, Part 3 of Art. 19 of Law of the Russian Federation N 3132-1 "On the Status of Judges in the Russian Federation" dated June 26, 1992 (with subsequent amendments and additions), specifies as conditions for providing judges with comfortable living quarters: 1) vesting the judge with powers; 2) and (or) the need to improve housing conditions.

Judges who are not provided with living space in accordance with the relevant social norms established by the Housing Code of the RSFSR (Article 29) and the Law of the Russian Federation "On the Status of Judges in the Russian Federation" or who live in a communal apartment at the location of the court are recognized as in need of better housing conditions. Thus, a situation is possible when judges who are duly provided with living quarters at their place of work for permanent residence under a contract of employment may be recognized in another locality as in need of better housing conditions. Recognizing them as such gives them the opportunity to re-acquire housing under the terms of social employment.

Such an interpretation of the Law is based not only on the special status of judges, the special state powers vested in them, whereby the state guarantees them, at the location of the court, the provision of comfortable living quarters in accordance with social standards, taking into account the right to additional living space within six months from the date of vesting powers, but also on the general norms of housing legislation that do not contain restrictions for all categories of citizens.

At the same time, when deciding on the need for judges to improve their living conditions, it must be taken into account that, within the meaning of Art. Art. 51, 52 of the Housing Code of the RSFSR, a citizen may, under the terms of a social tenancy agreement, be a tenant of only one dwelling at a time. Hence, if the judge is a tenant of another dwelling (including in another locality), then the social tenancy agreement must be terminated on the grounds established by law (for example, Article 89 of the RSFSR LC).

If the judge used his right to receive a dwelling in his property, then in this case the law does not restrict his right to receive another dwelling in another district (oblast) during his activities as a judge. However, this should take into account the size or value of the dwelling, received by him in the property earlier. Cases of termination of the contract for the premises previously received at the former place of residence, transfer of such housing to federal ownership or to another judge, etc. are not excluded. In such cases, the right to receive ownership of housing from the judge is restored.

23. Question: Do judges have the right to improve living conditions if they deliberately worsen them by registering relatives in their living space?

Answer: The answer to the question lies within itself, since the deliberate deterioration of housing conditions is one of the forms of abuse of the right, and, therefore, such a right is not protected by law (Article 10 of the Civil Code of the Russian Federation). However, the question refers to the deterioration of living conditions by registering relatives in the occupied premises. By itself, the registration of a person does not give rise to his right to this dwelling, if it was not moved into it in the manner prescribed by law (Articles 53, 54 of the RSFSR LC). Persons moved in by the tenant in compliance with the requirements of the current legislation must be taken into account when determining the need for improved housing conditions, and the issue of deliberate worsening of housing conditions must be proved by the party refusing to provide housing.

24. Question: What criteria should be used to determine the need for judges to provide housing in accordance with the requirements of Part 3 of Art. 19 of the Law of the Russian Federation "On the status of judges in the Russian Federation": total or usable (according to the social norm) area?

Answer: When determining the need for judges to improve housing conditions, one should take into account the social norm of housing, which, in accordance with Art. 11 of the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy" is equivalent to the amount of provision of residential premises established by the subject of the Russian Federation.

25. Question: Is the term of work as a trainee lawyer included in the length of service as a judge when calculating the monthly life allowance?

Answer: In accordance with paragraph 3.1 of the Instruction "On the procedure for the appointment and payment of monthly life allowance to judges of federal courts of general jurisdiction and federal arbitration courts", the length of service as a judge for the appointment and payment of monthly life allowance includes the time of work as a lawyer, if this work preceded the appointment (election) to the position of a judge.

Work as a trainee lawyer is not specified in the Instructions. Advocates are members of their respective bar associations.

According to the Federal Law "On advocacy and advocacy in the Russian Federation" dated May 31, 2002, lawyer trainees are not members of collegiums and are not entitled to practice advocacy.

Therefore, the period of work as a trainee lawyer cannot be counted as work as a lawyer.

26. Question: Does the length of service as a judge, when calculating the length of service giving the right to retire and receive all types of payments and benefits, include the time of work in the apparatus of federal courts?

Answer: In accordance with Art. 7 of the Federal Law "On additional guarantees of social and legal protection of judges and employees of the courts of the Russian Federation" dated January 10, 1996 and clause 3.1 of the Instruction "On the procedure for appointing and paying monthly life maintenance to judges of federal courts of general jurisdiction and federal arbitration courts" in length of service as a judge when calculating the length of service giving the right to resign and receive all types of payments and benefits, includes the time of work in courts in positions for which a higher legal education was required.

27. Question: Does the length of service as judges of courts of general jurisdiction include the time of work in the legal specialty in state organizations?

Answer: The periods of work to be included in the length of service as a judge of the Russian Federation, when calculating the length of service giving the right to resign, are provided for in Art. 7 of the Federal Law "On Additional Guarantees of Social Protection of Judges and Employees of the Offices of the Courts of the Russian Federation".

Decree of the Constitutional Court of the Russian Federation of February 19, 2002 N 5-P also provides for the inclusion in the length of service of a judge of previous judicial activity as a state notary in the presence of higher education.

The possibility of including other periods of work in positions in the legal profession in state organizations in the length of service of a judge of courts of general jurisdiction is not provided for by the above legislation.

Decree of the Supreme Council of the Russian Federation of May 20, 1993 N 4994-1 "On Certain Issues Related to the Application of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" provides for the inclusion of the time of previous work in the legal profession in the length of service of a judge of the Constitutional Court of the Russian Federation.

It does not contain the same provision with respect to judges of courts of general jurisdiction.

The solution to this issue is possible only at the legislative level.

28. Question: Are there any additional grounds for recalculating the amount of the monthly life allowance for retired judges, in addition to that specified in paragraph 4.6 of the Instruction on the procedure for appointing and paying judges a monthly life allowance?

Answer: Recalculation is made if the calculation was in violation of the requirements of the Law.

29. Question: Do retired judges have the right to recalculate the monthly life allowance when they are awarded an academic degree, academic or honorary title "Honored Lawyer of the Russian Federation", which were awarded to them after they retired?

Answer: In the event that retired judges are awarded the honorary title "Honored Lawyer of the Russian Federation", an academic degree or an academic title, they do not have the right to recalculate the amount of the monthly life allowance paid to him.

The size of the monthly life allowance is determined once, upon resignation or retirement, and subsequent changes in the characterizing data of judges should not entail a recalculation of the monthly life allowance.

30. Question: Is it allowed to pay bonuses to judges for a period of temporary incapacity for work?

Answer: In accordance with Art. 2 of the Federal Law of January 10, 1996 N 6-FZ "On Additional Guarantees of Social Protection of Judges and Employees of the Offices of the Courts of the Russian Federation" (as amended by the Federal Law of July 21, 1997 N 115-FZ) monetary incentives (bonuses) based on the results work for the quarter and year are included in the salary of judges. The salaries of judges of the Russian Federation and other payments stipulated by laws and other normative acts cannot be reduced.

This position is also reflected in the letter of the Judicial Department at the Supreme Court of the Russian Federation dated June 2, 2000 N SD-AG / 836.

Based on this, the time spent by judges on vacation and their absence from work due to temporary incapacity for work should not be excluded from the calculation period when calculating the amount of bonus remuneration. This procedure for calculating and determining the amount of bonuses for remuneration of judges is indicated in the letter of the Ministry of Labor and Social Development of the Russian Federation dated September 9, 1999 N 6080-KL.

As an additional justification for the position set forth in it, it is necessary to refer to Decree of the President of the Russian Federation N 265 of March 6, 1998 "On the financial allowance of federal civil servants of territorial bodies of federal executive bodies, representative offices of the Russian Federation and representative offices of federal executive bodies abroad, diplomatic missions and consular offices of the Russian Federation, the staffs of federal courts and prosecution authorities of the Russian Federation "and approved in accordance with it by order of the Ministry of Labor of Russia dated August 16, 2000 N 204 Regulation on the procedure for remuneration and incentives for the work of federal civil servants of state labor inspectorates, which also allow the possibility of paying bonuses for the period of temporary disability of the employee.

It also seems that in the absence of a federal law restricting the right of judges to receive bonuses for a period of temporary disability, a different interpretation of Art. 2 of the Federal Law of January 10, 1996 N 6-FZ "On Additional Guarantees of Social Protection of Judges and Employees of the Staff of the Courts of the Russian Federation" would be legally incorrect, and given the limitations of funds allocated for the treatment of judges, extremely unethical in relation to colleagues, who got the disease, including as a result of the difficult and hard work of the judge.

31. Question: Is there an additional payment for judges who simultaneously perform duties in a vacant position of a judge?

Answer: The Law of the Russian Federation "On the Status of Judges in the Russian Federation" dated June 26, 1992 N 3132-1 (as amended) does not regulate the issues of additional payment for the performance of duties as a judge, taking into account the workload due to the presence of a judge vacancy in the staff of the court .

At the moment, given the existence of a wage savings fund, this issue can be resolved by increasing and paying judges bonuses and allowances for complexity, intensity, high achievements in work and a special mode of work.

32. Question: Can qualification classes be assigned to magistrates who have been in office for more than six months?

Answer: The Federal Law "On Bodies of the Judicial Community in the Russian Federation" dated March 14, 2002 provides for attestation to assign qualification classes to justices of the peace.

Moreover, the Law does not link the decision on the issue of assigning qualification classes to justices of the peace with the election of a new composition of qualification boards of judges.

Therefore, after the entry into force of the said Law, i.e. after March 19, 2002, the existing qualification boards of judges have the right to consider issues of assigning qualification classes to justices of the peace.

Among civil servants - judges, no doubt, stand apart. This category of citizens stands out for everyone, starting with a completely unique social status and ending with the widest range of labor duties and rights.

It would seem that pensions for judges should be assigned according to their own special rules. But no - according to the law, the servants of Themis can only claim the most ordinary, insurance pension. What is the catch and what is the actual pension of the judge - we understand today.

Insurance, for long service or life maintenance?

A former judge who is now retired or retired at some point in time has several old-age pension options. He can:

• receive an insurance pension on the same basis as other Russians, in accordance with Federal Law No. 400 of December 28, 2013 and Federal Law No. 126 of June 4, 2011;
• receive a state pension for service in accordance with the Law of the Russian Federation No. 4468-I of February 12, 1993 and clause 1.1 of the Decree of the Government of the Russian Federation No. 941 of September 22, 1993;
• receive life maintenance (hereinafter - PSS) in accordance with the Law of the Russian Federation No. 3132-I of 06/26/92 and the Instruction of the Chairman of the RF Armed Forces of 08/17/98

The appointment of one or another type of pension to a judge depends on a number of circumstances that preceded his resignation or dismissal from his job.

Option one: a citizen worked as a judge for a short time (less than 10 years), then resigned and continued to work in a field not related to jurisprudence until he reached retirement age.

A small refereeing experience will not allow such an employee to qualify for a PSS, so he will be issued an old-age insurance pension in accordance with the legislation of the Russian Federation. The years that a citizen worked as a judge and, accordingly, did not make insurance contributions, will be counted in the length of service in accordance with Articles 1 and 2 of the Federal Law No. 126 of 06/04/11.

Option two: a retired judge retires from the internal affairs bodies and at the same time has the necessary minimum length of service, allowing him to receive a state service pension. From 01.01.12, the period of refereeing will be counted towards his length of service along with military service, studies in higher and secondary vocational schools, as well as direct service in the bodies of the Ministry of Internal Affairs of Russia, the State Border Service and other state departments.

Both the first and second pension options work for those judges who have been in the position of a judge for a short time or have not yet reached the age when they can be appointed to the PSS.

What is PSS?

PSS is exactly what we used to understand as a judge's pension in the Russian Federation. It can be received by retired judges, judges who have become arbitrators, who have switched to work in state organizations and have:

• refereeing experience equal to twenty years;
• less than twenty years of refereeing experience, but who have reached the minimum age of fifty years for female judges and fifty-five years for male judges;
• at least ten years of refereeing experience, total legal experience = 25 years and those who have reached retirement age (60 and 55 years for men and women, respectively);

For the appointment of the PSS, years of work are counted:

• in Russian courts of all categories as judges or arbitrators;
• in the apparatus of the courts of the Russian Federation in other positions, as well as in the apparatus and institutions of the Ministry of Justice;
• a lawyer, investigator, assistant, deputy or directly to the prosecutor, as well as in another position where legal education is necessary.

How much do retired judges earn?

As in the case of state pensions, the final size of the judge's PSS is calculated based on the monetary allowance he receives and the duration of refereeing (clause 5 of article 15 of the Federal Law No. 3132-I):

• 4/5 of the salary - for those who have worked for a full twenty years or at least ten years with twenty-five years of other legal experience.
• for those who have worked for less than twenty years and upon reaching the age limit - in proportion to the experience of refereeing;
• 4/5 of the salary + 1% for each additional year of work - for those who have worked for more than twenty years.

Please note: PSS cannot be received simultaneously with any pension, except for the state pension for the disabled, assigned as a result of an injury received in the line of duty. Of course, judges cannot work and simultaneously receive PSS.

However, in the period before retirement, judges who can already be assigned a PSS are paid an increase in salary in the amount of 50% of the corresponding amounts of the PSS (Article 3 of the Federal Law No. 6 of 01/10/96). Also, a working judge may receive a pension that is assigned to him on some other basis (length of service, reaching retirement age, disability, etc.).

The procedure for appointing the PSS

Retired judges, former judges (who retired in 2015 and earlier), as well as current judges who are about to retire, if they wish to receive PSS, should first of all apply to the competent authority at the place of employment, and if this is not possible, then to one of the Judicial Departments, the Supreme Arbitration Court and the Military Collegium under the Armed Forces of the Russian Federation (for the military).

The following documents are attached for the assignment of the PSS:

• application for the appointment of the PSS;
• identification;
• a work book, a qualification decision on resignation and other papers certifying the length of service as a judge, and, if necessary, legal experience;
• documents on the awarded ranks, classes, degrees;
• certificate from SOBES about the amount of the assigned pension (for retired judges);

The commission considers the application for the appointment of the PSS within 15 days, after which a decision is made. With a positive decision, the PSS is appointed from the next month. If a federal judge has previously received a pension, the PSS is appointed after the judge stops receiving a pension (for this, you must write an application to the FIU or other pension authority that pays the pension).

Yu.O. Verbitskaya, lawyer of MU "Center for Accounting and Logistics Support
municipal educational institutions of the Verkh-Isetsky district"

Journal "Accounting in Education" No. 10, October 2011

As a general rule, the employee himself proves that a certain period of work is included in the length of service for the appointment of a superannuation pension. But the employer must know how to properly issue documents to the teacher.

Who is entitled to a retirement pension

Teachers, subject to certain conditions, are entitled to early retirement. The superannuation pension is an old-age labor pension granted before reaching the retirement age (55 years for women and 60 years for men). This pension is assigned in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation” to persons who have been teaching in institutions for children for at least 25 years, regardless of their age.

At first glance, a simple position. But in the practice of its application, two questions arise: what can be considered pedagogical activity and what organizations can be considered institutions for children?

The list of professions and institutions in which work is counted as a special length of service was approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781. Before that, there was another list approved by Decree of the Council of Ministers of the RSFSR of September 6, 1991 No. 463. They should be guided by the appointment pensions for periods up to November 14, 2002 (date of entry into force of the new List).

Not all experience is taken into account - there are restrictions

The rules for calculating special experience were approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516.

These rules establish that only periods of work performed constantly during the working day are counted in the special experience, provided that insurance premiums are paid to the Pension Fund of the Russian Federation for these periods. For teachers, this means that they had to work hours in accordance with their rate (it differs for different teachers, for example, for school teachers it is 18 hours a week, including primary school teachers, previously they had a rate of 20 hours ).

Experience includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual basic and additional paid holidays.

Work experience is not included periods of suspension from work due to the fault of the employee, as well as periods of downtime (both the fault of the employer and the fault of the employee). In addition, the period of parental leave is not included in the special experience (part 5 of article 256 of the Labor Code of the Russian Federation). The exception is cases when the specified period took place before October 6, 1992, that is, before the entry into force of the Federal Law of September 25, 1992 No. 3543-1, with the adoption of which the said period was no longer included in the special length of service in the event of a pension on favorable terms (ruling of the Supreme Court of the Russian Federation of July 1, 2011 No. 41V11-10, ruling of the Supreme Court of the Russian Federation of March 5, 2009 No. 19-V09-2).

The mistake of the employer can be corrected through the court

The courts are considering many cases on the "rehabilitation" of the experience of teachers. As a rule, the defendant in claims is the Pension Fund of the Russian Federation. PFR specialists interpret the norms of resolutions quite strictly. And the courts often decide in favor of the plaintiffs. That is, they confirm the legitimacy of including a certain period of work in the length of service, which gives the right to a seniority pension.

An analysis of such cases shows that in most cases the Pension Fund officials do not accept disputed periods of work due to the fault of the employer, since the institution incorrectly indicates the title of the position. That is, the position of a pedagogical worker indicated in the work book does not coincide with the position established in the list.

In this case, you can advise the employee to apply to the court to establish the fact of fulfillment of labor duties for the position indicated in List No. 781. Then it is necessary to prove not that the employee’s position corresponds to the position indicated in List No. 781, but that it was indicated wrong. But at the same time, the employee performed the labor functions of a teaching worker by position that met the established requirements (determination of the Supreme Court of the Russian Federation of November 12, 2009 No. 49-B09-13).

Also pay attention to paragraph 9 of the decision of the Plenum of the Supreme Court of the Russian Federation of December 20, 2005 No. 25 “On some issues that arose from the courts when considering cases related to the realization by citizens of the right to labor pensions.” It notes that if a citizen disagrees with the refusal of the pension authority to include in the special length of service the period of his work, which, in the opinion of the plaintiff, must be set off, it must be taken into account that the question of the type (type) of the institution (organization), the identity of the functions performed by the plaintiff, conditions and the nature of the activities of those jobs (positions, professions) that give the right to early appointment of an old-age labor pension, should be decided by the court based on the specific circumstances of each case established at the court session (the nature and specifics, the conditions of the work carried out by the plaintiff, the functional duties performed by him for positions and professions, workload, taking into account the goals and objectives, as well as the activities of the institutions, organizations in which he worked, etc.).

Therefore, we will not give examples of specific “wrong” positions that were recognized as similar to positions from List No. 781, since in each individual case the issue may be resolved by the court in different ways (in one case, for example, a physical education instructor may be recognized as a pedagogical worker, not otherwise).

The most important thing is to collect as much evidence as possible that the employee performed the duties exactly for the position that is in the List No. 781, although another position is erroneously indicated in the work book. Certificates from the department of education, testimonies of witnesses, and other similar documents can help here.

Equality of office

In a number of cases, the identity of professions and positions is established by law. So, the positions of an educator are identical to the positions (order of the Ministry of Health and Social Development of Russia dated July 5, 2005 No. 440):

- teacher of the school group;

- teacher of the school department;

- preschool teacher

- preschool teacher

- educator of speech therapy group;

- teacher of the speech group;

- educator of a special (correctional) group;

- educator of the correctional group;

- educator of the correction group;

- educator of a school boarding school;

- educator of the extended day group;

- a boarding school teacher (at the school);

- Kindergarten teacher

- kindergarten teacher

- educator of the sanatorium group;

- educator of the boarding group;

- teacher of the preparatory group.

The position of "music worker" corresponds to the position of a music director (Decree of the Ministry of Labor of Russia dated June 23, 2003 No. 39).

When deciding which court to apply to, one should proceed from the following. If he declares only a property claim, the price of which does not exceed 50 thousand rubles. (for example, when collecting an assigned but not paid labor pension), then you should contact the justice of the peace. If a non-property claim is made (for example, cases on disputes arising in connection with the refusal to establish an employment pension) or both, then such cases are within the jurisdiction of the district court.

An application of a citizen in a dispute related to the exercise of his right to a labor pension is filed with the court at the location of the relevant pension authority (which refused to assign a pension or pays a pension).

As for the continuation of labor activity after the appointment of a pension for long service, the law does not prohibit this. The fact of the appointment of a pension does not mean the termination of the employment relationship. The employee can continue to go to work, and no additional documents need to be issued.

Important to remember

When developing the staffing table and indicating the positions of employees (both in orders and in work books), it is necessary to use the normatively established names.

How rich are Russian judges? Let's see, Romanova suggests in "Why Russian Judges Don't Deliver Acquittals," published on the website of the Carnegie Moscow Center.

In the 2000s, judges became not just the highest paid, but the highest paid. To date, a judge is the highest paid position in the state apparatus.

The salary of judges consists of five parts. The first is the salary, it is calculated according to the law “On the Status of Judges”, which contains Appendix No. 7. Everything is written there, but not in money, but as a percentage of the salary of the chairman of the Supreme Court of the Russian Federation (the salary of the chairman of the Supreme Court is tied to the salary of the head of the Constitutional Court: the chairman of the Supreme receives 98% of the salary of the head of the Constitutional Court, and the salary of the latter 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 of any territory except Moscow and St. Petersburg - his salary is equal to 60% of what the chairman of the Supreme Court receives ex officio. But his Moscow or St. Petersburg counterpart - 64%.

The second part is the qualification bonus. According to the same law, every judge is obliged to undergo advanced training in the relevant educational institutions, to train in other courts, and to improve his level in other ways at least once every three years. Raise the level - increase the allowance. And where will he go.

That is, in fact, this allowance is similar to the allowance for long service. But no, the seniority bonus exists separately. This is the third part of the salary.

The fourth part is regular incentives (bonuses), now they have been increased to 1.9 times the salary for the position.

The fifth part is special additional payments that are received by judges who have an academic degree or an honorary title, who have confirmed their knowledge of foreign languages ​​and regularly use them in their work, and so on. The allowance is paid in proportion to the salary - for example, its size for a justice of the peace is 1.6 salaries.

Beginning justices of the peace in the regions receive 50-80 thousand rubles a month, then count for yourself. A federal judge receives 150,000–170,000 rubles a month without bonuses or allowances.

Despite the fact that it is incorrect to compare salaries in countries with different economic systems and living standards, I will give data from other countries, because I want to compare not the level of salaries of judges, but to show the attitude towards different judges in different countries. A judge in Switzerland (about the level of our federal judge) receives the equivalent of about 100,000 euros per year after taxes. But this is a record. Andorra - 70 thousand euros; Norway - 62 thousand euros; Cyprus - 52 thousand euros; Netherlands - 43 thousand euros; Monaco - 41 thousand euros, almost the same in Finland. But it's at the top of the list. In Moldova - a little more than two thousand euros per year.

However, nowhere is it said that in other countries judges are provided with free housing, and in Russia almost communism has been built in this case. Russian judges are supposed to live at the rate of 33 sq. meters per judge + 18 sq. meters for each family member + 20 sq. meters of additional living space. This is not a corporate residence.

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 life support. Lifetime maintenance is a very attractive thing: a person receives 80% of the amount that he received while at work every month. True, such content is taxed.

You can work for less than 20 years, but subject to reaching retirement age. And you can also get a life allowance if you have been a judge for 10 years plus at least 15 years in any other position related to the legal field. Considering that judges often come from prosecutors or investigators, the problem is solved.

If a citizen has worked as a judge for more than 20 years, then in addition to four-fifths of the monthly salary, he will be credited with one percent of the total amount for each overtime year.

And here's another wonderful thing: since 2012, service in the army, time in vocational schools, service in the bodies of the Ministry of Internal Affairs and other government departments have been included in the seniority of judges.

That is, life-long maintenance of a retired judge in the amount of 100 thousand rubles a month is a common thing.

And further. The Judicial Department has recently been allocated additional budgetary allocations for the payment of monthly life allowance to retired and current judges and a salary supplement in the amount of 50% of the monthly life allowance in the following amounts: 730.5 million rubles in addition to the 2017 ceilings; 1519.3 million rubles in addition to the maximum volumes of 2018; 1519.3 million rubles in addition to the maximum volumes of 2019.

More than 300 million rubles were allocated for gowns and uniforms in 2013–2015, and 290 million rubles in 2016. More than 13,500 robes, 18,000 service uniforms, 29,700 shirts (blouses), 6,500 ties and 19,950 pairs of shoes were purchased.

The activity of the judiciary is the most important state function. It is carried out by brave and legally competent people. In addition to the precise application of the rules prescribed by law, they have to analyze the current difficult life circumstances, make decisions according to the clear requirements of the law.

Any judge, magistrate or federal, has a high authority among the public masses, is endowed with a legal status with broad rights, benefits and guarantees. High privileges are also granted in the area of ​​their pension provision, which is a characteristic feature. What features apply when calculating subsidies to former judges, this article will tell.

What is judges' pension?

Pension provision is a material maintenance after the termination of work and access to a well-deserved rest, which is carried out by assigning monthly payments in cash by the state. The final termination of the functions of justice among judges is referred to as resignation.

After resignation, in the presence of a certain number of years worked in the judicial system, the judge acquires the right to lifelong support from the state. Such a privilege is a feature of pension provision for employees in this area.

What is the pension of retired judges in 2018?

After leaving the court, an employee can use a pension issued on a general basis, or can apply for lifelong security. With the right to the second option, few of the judges consider the first option. Receipt of both old-age payments on a general basis, and life grants are not allowed. Lifetime security is set in the following amounts:

• If a person has been performing a judicial mission for 20 years, then he can claim 4/5 of the last salary;
• If an employee has been in the system for more than 20 years, then for each year over one percent is assigned;
• If the total length of service is less than 20 years, and the retirement age is more than 50 for a woman and more than 55 for a man, then the pension is calculated in proportion to the length of service.

The maximum amount of lifetime payments cannot be more than 85% of the last judge's earnings. This limit is set by federal law. Lifetime maintenance in relation to judges is not taxed, which is also a feature.

To apply for a state subsidy, a former employee applies to the Judicial Department. It is this body that decides on the issue of subsidies, while according to general standards, this is done by the Pension Fund. The citizen submits the following package of documents:

• The passport;
• SNILS;
• Employment history;
• Evidence of the presence of any regalia;
• Application written by hand.

The entire package of documents is carefully examined and within 15 days a decision is made on the appointment of monthly charges to a citizen. Payments are made starting from the next month after the moment of applying for a pension.

Legal regulation of pensions for judges

In the Russian Federation, the pension issue in relation to court employees is regulated by the main law on their activities - Federal Law of 1992 No. 3231. The procedure for assigning monetary support to this category of employees is contained in Article 15.

Pension and labor guarantees for judges of the constitutional courts of the Russian Federation have their own specific features. They are paid in accordance with the rules set out in Decree No. 425 of 1995. In relation to such judges, the minimum length of service for the appointment of a life security equal to 15 years is established.

In relation to the employees of military courts, their own characteristic features have also been established. These features are covered in the constitutional law on the status of employees of military courts. But, the general principles for registering a pension are the same as for employees of all other similar institutions.

Thus, the issue of payments to judicial workers by the legislator has been clearly and in detail worked out and has its own characteristics. The adoption and consideration of any bills in this regard is not expected in the near future.

Pension provision for judges of the Russian Federation - features

A study of the issue of accruing pension subsidies to court employees allows us to conclude that the system for receiving pensions established for them has a number of features. These features are:

• The purpose of payments concerns employees of the judiciary;
• Their pensions are not taxed;
• They are granted life maintenance;
• In case of disability, they can receive both maintenance and disability benefits;
• It is not the PF that decides on the payment, as is done on general standards, but the judicial board or department.

Law on pensions for judges of the Russian Federation

Thus, the state provides justice officials with reliable financial support in connection with their retirement on a well-deserved rest, on a legal basis. The financial protection of pensioners - former judicial servants has features and differs from protection in relation to other categories of citizens.

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