Pension legislation at the decisions of the constitutional court of the Russian Federation. The Constitutional Court of Russia in recognition of pensions - Rosijska Gazeta
Stanom on: 08.08.2005
Journal: Dovіdnik HR officer
Rick: 2005
Appointment of infamous work experience Pidrakhunok insurance experience
From September 2002 the establishment of labor pensions is valid until the Federal Law No. 173-FZ dated 17.12.01 "On Labor Pensions in the Russian Federation" (hereinafter referred to as the Law on Labor Pensions).
Appointments federal law rorazryznya kolka vidіv length of service, scho zastosovyutsya pіd h vstanovlennya labor pensions.
For granting the right to a pension, the insurance experience of the first three years is required, and for pre-term pensions for old age, which are assigned up to the age of 60 and 55 years (persons and women are eligible), the crime of insurance (or replacement of the insurance experience) is necessary for the experience on the required types.
Appointment of infamous work experience
When a pension is granted, the total work experience is insured, starting on September 1, 2002. In order to better understand the essence of the changes that were observed in the pension legislation at the link with the adoption of the Law on Labor Pensions, we should take a look at the specifics of calculating the total length of service.
Vіdpovіdno to the new labor law pension in the given hour can be formed from two parts: basic and insurance. Rozmir of the basic part of the labor pension to be deposited in the trivality of experience. BUT the insurance part of the labor pension is determined by the amount of the funded pension capital, which can be mentally divided into two warehouses.
One part is formed from the actual insurance pension contributions that are paid from the income (income) of a householder starting from 1 September 2002.
The other part of the pension capital is assigned for the additional assessment of the pension rights of insured persons, due on September 1, 2002, by the way of their conversion (reformation) into the pension capital.
Schodo otsіnki Pensіynyi right, then Vonіysnyu is vyovyzki z hoovnoye (ABO ABO, Yakschko Vompanian Bouv Pensіoner) Pensіji (at the law of Tsyna, Pensіya Nazvan: "Roses Rosemic Labor Pensії"), Scho Roserakhovyuyu for the norms of old pensіin law, Yaku MІG B. Refiruati camp on 1 September 2002 z rahuvannyam blatant zagalnogo work experience on tsyu date and average monthly earnings for 2000-2001 rocky. otherwise, 60 months before September 1, 2002.
The procedure for assessing the pension rights of the insured persons was laid down at Art. 30 of the Law on labor pensions.
The formula for the deduction of the rozrakhankovy pension capital (conversion) is indicated in paragraph 1 of Art. thirty:
PC \u003d (RP - BC) x T,
de RP - rozrahunkovy rozmіr labor pension;
Warhead - 450 rubles. (Obligation of the basic part of the labor pension for old age as of September 1, 2002);
T - ochіkuvany period of payment of labor pensions for old age, in 2002 equal to 144 months, this year the value increases significantly by 6 months, the docks do not reach 192 months, after which the value increases by 12 months, the docks do not reach 228 months (19 years). Have 2005 r. in this rank, T is 162 months old.
As it happened earlier, the RP is calculated from the infamous work experience, revealed on September 1, 2002.
Periods of labor and other activities that are insured up to the total length of service (for example, clause 4, article 30 of the Law on Labor Pensions):
- Periods of work as a worker, service (including a work for hire outside the territory of Russia), a member of the collective state or other cooperative organization; period of other work, as a worker, not being a worker or a service worker, having paid obov'yazkovy pension insurance; periods of work (service) at the militarized defense, bodies of a special connection, or at the ritual part, regardless of their character; periods of individual labor activity, including those in the rural state;
- periods of creative activity of members of creative teams of writers, artists, composers, cinematographers, theater performers, as well as writers and artists, if not members of other creative teams;
- Viyskova that pririvnyan to her service;
– period of temporal impracticality, which rose during the period of work, that period of re-employment for disability of the 1st and 2nd groups, taken away as a result of calcium, associated with virobnizstvo, or occupational illness;
- the period of rebuking at the places of laying over the term, recognized under the hour of review;
– period of assistance with unemployment, participation in paid robots, relocation for the direction of the employment service in another month and practice.
All periods are insured up to a lifetime of work experience in calendar order (one month of work and other activities for one month of work experience).
As you can see, in this case, there are a lot of periods, which, at first glance, were included up to the total length of service when calculating pensions according to the old legislation (according to the Law of the Russian Federation of November 20, 1990 No. 340-1 "On State Pensions in the Russian Federation"). For example, among them there is no period of training, a period of looking after children, a period of residence of squads (persons) of military servicemen, like passing military service for a contract, at once from people (teams) at the hospitality, they could not work for a special day in the army the feasibility of practical training, the period of living outside the cordon of squads (choloviks) of the natives of the radian institutions and international organizations just. the period of participation in combat activities at the fate of the war was secured with the experience of the post-war rozmіr, the robot in the body - with the roam rozmіr, service in the army for the prize - with the roam rozmіr tho).
However, this is less likely to be seen at first glance.
Let's guess, that on February 1, 1998. until September 1, 2002 in the Russian Federation, there were two orders for the calculation (calculation) of pensions, which were done in parallel one after one: from the calculation of the individual coefficient of the pensioner (ІKP; in accordance with the Federal Law of July 21, 1997) No. 113-ФЗ "On the procedure for calculating that lower pension") without zastosuvannya individual pensioner coefficient.
If a citizen has the right to offend the order of calculation of pensions (and the right to lessen the number of non-practical pensioners, the shards of pensions to working pensioners from the IKP were not paid), then the guilt of the moment can be turned out of them.
With the appointment of an individual coefficient of a pensioner, not all periods of labor and other sustained core activities were included in the length of service, which were insured when the pension was calculated without the ICP. Therefore, for other equal minds, the trivality of the length of service with a pension with an ICP, as a rule, was less, lower with a pension without an ICP.
When assigned to the ІKP, the length of service included only periods of work, military service, and service prior to it, and other days of service, listed by law. Zokrema, there was no training in the middle of them (therefore, the period of training at the calculation of pensions from the IKP before the length of service was not included). At this time, all periods were insured up to the length of service in the calendar order (one month of work - for one month of experience). At the same time, with the calculation of pensions without an ICP, the length of service was insured not only by all kinds of robots, but by the period of long-term sustained activity, transferred by legislation, incl. In the cases established by the law, the statutory periods were included up to the length of service in the first order.
As it was already planned, the hulk of the moment choose, in what order will the pension be calculated for you - from the cost of the ІKP, or without the zastosuvannya of the ІKP and dpovidno chi will be included until the beginning of the total work experience of the period, including with the wages established in the chi ni. In the majority of cases, the increase in pensions due to zastosuvanni ІKP buv more navit without inclusion before the length of service of all these periods, therefore pensioners, as a rule, are unpractical! they chose the option of calculating the pension from the ICP. It is connected with this, that the old-age pension without stasis of the ICP could not exceed the maximum allowance, which is for the total length of service, which is more necessary for the recognition of a new pension, being established on the equal footing of three minimum allowances for the pension. The maximum increase in the amount of pensions according to List No. 1 by the Decree of the Order of the Russian Federation on July 18, 2002 No. 537 (especially heavy and unsafe work) was set at the level of 3.5 minimum pension amounts for old age.
The minimum amount of pension for old age on December 31, 2001 becoming 185 rubles. 32 kop. Up to the maximum pension, there was still a compensatory payment for the amount of 100 rubles. So cheer yourself, for what could be the maximum pension. Pensions and pensions for IKP were not formally separated by a maximum amount. We do not provide detailed descriptions. Our meta is to briefly guess the amount of legislation.
The formula for the deduction of the RP (rozrakhunkovogo rozmіru labor pension) is included in paragraph 2 of Art. 30 of the Law on Labor Pensions, with the amended provisions of clause 4 of the article of the statute, in fact, the formula for the allocation of a pension increase, which was earlier, from the ICP. Moreover, the formula for the new law is zastosovuetsya independently, depending on who is practicing the hunker.
As it happened before, two options for a fagot of infamous work experience were zastosovulysya no more than the payment of a pension. With a pidrakhunka of infamous work experience, giving a declaration about a pension, all periods of work and other activities were included before the new one.
Pidrakhunok insurance experience
For the new pension law, the right to a pension for old age (crime of access to a senior year) will appear with the presence of an insurance (and not a hard labor) seniority of a singing trivality.
Insurance experience - the right to a labor pension is insured as a total trivality of periods of work and (or) other work, for which insurance contributions were paid up to the Pension Fund of the Russian Federation, and other periods insured up to insurance experience
The law podіlyaє periods, yakі mozhut buti insured shchodo rights to labor pensions, in two ways.
First, during the period of work and other activities, insurance contributions to the Pension Fund of the Russian Federation were paid together (Article 10 of the Law on Labor Pensions).
Vіdpovіdno up to paragraph 2 of Art. 29 of the Law on labor pensions before the payment of insurance contributions to the Pension Fund of the Russian Federation, the payment of contributions to the state social insurance until September 1, 1991, a single social contribution (contribution) and a single contribution to the provision of a contribution for the first types of activity, which are small in the period I will enter with an eye on federal law.
In another way, tse іnshі periods, scho zarakhovuyutsya before the insurance experience. In Qi period, the payment of insurance premiums (the other payments, prior to them equal) to the Pension Fund was not carried out, through the law of stink, it is insured to the insurance record for singing minds.
The translation of such other periods was induced by the clerk at Art. 11 of the Law on labor pensions:
1) the period of military service, as well as other military service, transferred to it by the Law of the Russian Federation of February 12, 1993 No. 4468-1 the volume of narcotic drugs and psychotropic speeches, established by the bodies of the criminal-viconauchy system, and those families”;
2) the period of withdrawal of assistance from state social insurance in the period of timchasovoi non-practice;
3) the period of entry of one of the fathers for a skin child until it reaches her for 1.5 years, and not more than 3 years for a zahal;
4) period of otrimannya help from unemployment, participation in the paid community robots and moving for directions of the state service of employment in the next month for pracevshtuvannya;
5) the period of loss of life under the spell of osib, unprimed attracted to criminal viability, unprimed persecution and rehabilitated, that period of punishment by persons at the places of release of will and deception;
6) the period of observation, which is due to a special case for a disabled person of the 1st group, a child-invalid or a special one, as it has reached the age of 80 years.
With any appointment, the periods are included up to the length of service, so they were transferred to that (or) they were followed by the periods of work and (or) other duties (independently in their trivality), for which they paid insurance contributions to the Pension Fund of the Russian Federation.
Like Bachimo, for whom there is also a rich period of days, yak earlier included before the infamous work experience and the right to a pension.
Vіdpovіdno to zagalnih rules of the period of labor and іnshої dіyalnostі, not designated by art. 10 and 11 of the Law on Labor Pensions, cannot be included before the insurance period. If there is no meaning, if after an hour there were qi periods - until September 1, 2002. (that is, until the recruitment of rank by the Law on Labor Pensions) or later date. Needed! remember that, behind the large pension legislation, the right to a full pension for old age on the outrageous bases, for example, the woman was blamed for the obviousness of 20 years of the infamous work experience. A pension, obviously, could be recognized even for 5 years of experience - this is the name of a pension with an uneven length of service, but if it was even small, independently of the income, which a person could receive during the period of work. According to the Law on Labor Pensions, the right to a labor pension for old age is blamed for the existence of 5 years of insurance experience. And if for q 5 rokіv the hulk can form a sufficient rozrahunkovy pension capital for the rahunok of high incomes and, obviously, large insurance pension contributions, then the insurance part of the pension will be high.
Malaymovirno, scho navit without inclusion to the insurance experience of periods of apprenticeship and other activities not designated by Art. 10 and 11 of the Law on Labor Pensions, a citizen who has not accumulated 5 years of insurance experience with the help of his labor activity.
For example, women can be insured up to the length of service, the period of looking after a child until reaching her age is 1.5 years, and if there is more than one child, then 3 years. Also, for now, the right to a pension їy is deprived of more than 3.5 years or more than 2 years.
Even more food, if the citizen is applying for recognition of a pre-strokovo pension for old age (Article 27 and 28 of the Law on Labor Pensions) from a greater early age. Such pre-strokovі pensions can be recognized at the link with the trival work in the singing shkіdlivih (not safe) professions (villages, virobnitstvakh) or in the singing mіstsevostakh (for example, near the regions of the Kraynoi Pivnochi).
To get the right to a dostrokovu pension, a mother needs more experience, at least 5 years.
For example, in order to grant the right to complete a work pension for old age, after reaching 50 years of work at the Last Pivnochі zhіntsі, a mother needs at least 15 calendar years of work in the regions of Krayny Pivnochі, with not less than 20 calendar years of work in them mіstsevostakh i, krіm tsgogo, - the insurance experience is not less than 20 years (div. subparagraph 6, paragraph 1, article 28 of the Law on labor pensions).
For such minds without inclusion before the insurance period (20 required years) of different periods, for example, training, the right to a pre-term labor pension in a number of cases may not be vindicated.
After the recruitment of rank by the Law on Labor Pensions, the norms of pension legislation were already repeatedly examined in the Constitutional Court of the Russian Federation, which praised the lowly important decisions. Without knowing these decisions, it is impossible to correctly recognize that calculation of the labor pension for an hour.
In addition, following the nobility and clarifications of the federal ministries, they acknowledge the similarity in practice of the pension legislation.
Schodo of our food in the first place is required by NAC No. 9,
2005 Member of the Russian Federation of the Constitutional Court of the Russian Federation: Poland 05.11.02 of the Constitutional Court "For the Scargo of Gromadanin Spezіvtsi Yurіya Іvanovich on the instructions of the IOH Constitutsіinny Rights with the provisions" A "part of Pershio Statti 12 Ta Stattі 1. Pensiya in Rosіyski ”, praising the Constitutional Court of the Russian Federation dated 06.03.03 No. 107-O “On the request of the Sormіvsky District Court of the City of Nizhny Novgorod on the revision of the constitutionality of subparagraph 2 of paragraph 1, paragraphs 2 and 3 of Article 27 and paragraphs of 1 and 2 of Article 1 of the law "On labor pensions in Russian Federation "", by the decision of the Constitutional Court of the Russian Federation dated January 29, 2004 No. 2-P "In respect of the revision of constitutionality, the provisions of Article 30 of the Federal Law "On labor pensions in the Russian Federation" in communication with the tax authorities of groups of deputies Sovereign Gatherings (Іl Tumen) of the Republic of Sakha (Yakutiya), the Duma of the Chukotka Autonomous Okrug, and the complaints of the citizens are low.
If you have leading assets, then you need to know NAC No. 9,
2005 clarification of the Ministry of Labor of Russia dated 17.10.03 No. 4 "On the deeds of nutrition for the establishment of labor pensions is clear up to Articles 27, 28, 30 of the Federal Law "On labor pensions in the Russian Federation"", zatv. Decree of the Ministry of Health of Russia dated 17.10.03 No. 70 (seen for pіdany vyshchevkazanih praised the Constitutional Court), that sheet of the Ministry of Health of the Social Development of Russia signed by the Minister of NAC No. 9,
2005 M.Yu. Zurabova dated 04.06.04 No. MOZ-637 to the address of the Pension Fund of the Russian Federation "On the procedure for fixing the position was praised by the Constitutional Court of the Russian Federation dated 29 September 2004 No. 2-P".
In these articles, we will not report on the appointment of the decisions of the Constitutional Court, do not let yourself read them for the need to be aware. In addition, it is not possible to distinguish all possible differences in the calculation of work experience with the improvement of these decisions. It will be shown that there are no more general principles for calculating the length of service, so that the right to a pension and the increase of a pension can be established.
The essence of the judgments of the Constitutional Court is brought to the point that, if a citizen has gained some pension rights during the period of a definitive normative legal act, in which case the rights were fixed, then he can speed up with these accrued rights with a recognized pension such a recognition of acts formally spent chivalry and new legislation. Moreover, it is worth it as a food for gaining the right to a pension, so is the calculation of the increase in pensions.
So, for example, at paragraph 1 of the resolutive part, the Constitutional Court of the Russian Federation was praised on January 29, 2004 No. 2-P: the norm of paragraph 4 of Art. 30 of the Law on Labor Pensions, through the yaku - in vzaimozv'yazku z p. 2 Art. 31 of the same law (and in this paragraph, zokrema, it is said that from the day of recruitment of rank by the Law on labor pensions, rank is expended by the Law of the Russian Federation "On State Pensions in the Russian Federation" and the Federal Law "On the Procedure for Calculating and Increasing State Pensions") - turn off the first (multiple) procedure for calculating the total work experience and the inclusion of some non-insurance periods up to the total work experience in the calculation of the rozrakhankovogo amount of labor pensions with the method of assessing the pension rights of insured persons by the camp on September 1, 2002. a way of their conversion (re-creation) of the rozrakhunkovy pensioners! CAPATAL, FOR ANY CONSTITUTSION-RESHIME ZMISTOM SYSTEMS NORM NORM NEED MOE OF REALIZATSI RESPONSIBLE IN PERSIIN RESPECTRANCE, INVESE THE RMOMІR PENSІSI, IN YAKI ROSRAKHUKHUVABA ADJUSTAGE TO NAME OF THE CHINNOSTI TO NEW REVIEVE SUBSTANCE (INCONTRIBUMENT VID TOLE, VIRBULATIONS OF HIVES ABO Special Labor experience more often).
The Ministry of Health and Social Development of the Russian Federation at its address at the address of the Pension Fund of the Russian Federation dated 04.06.04 No. MOZ-637 reported the following:
“When pensions were established, until September 1, 2002, the norms of the Law of the Russian Federation of November 20, 1990 No. 340-I “On State Pensions in the Russian Federation” were enforced. Zaznachenі normalized peredbachali yak pіlgove obchislennya zagalnogo that spetsіalnogo virobnichogo seniority rights when realіzatsії pensіyu, vklyuchayuchi viznachennya її rozmіru without zastosuvannya іndivіdualnogo koefіtsієnta pensіonera so i calendar obchislennya zaznachenogo seniority at viznachennі її rozmіru іz zastosuvannyam іndivіdualnogo koefіtsієnta pensіonera.
The federal law "On labor pensions in the Russian Federation" does not transfer the total calculation of the insurance period with the right to a labor pension, as well as the total length of service with the assessment of pension rights, insurance of the road of conversion into the funded pension capital at 1.020
The Constitutional Court of the Russian Federation, by its decision dated January 29, 2004 No. 2-P, established that the norms of the Federal Law "On Labor Pensions in the Russian Federation" "for their constitutional and legal change in the system of norms cannot be used to improve the minds of the realization of the right to the increase of pension, on which the person was insured until the date of the ceremoniality of the new legal regulation (it does not depend on the fact that it generates a full or special work experience will be renewed or privately)”.
In order to improve the right to a labor pension, the calculation of the insurance period and (or) the length of service in other types of work, which is small enough to gain rank by the Federal Law "On Labor Pensions in the Russian Federation", can be carried out according to the norms of December 31, 2001. legal regulation (depending on the length of service on the appointed date) ... "
In this way, even if the insurance period is changed, that period of service on the other types works strictly according to the norms of the Law on labor pensions and normative legal acts adopted by the method of implementation, the hulk does not get the right to a pension of the necessary length of service (insurance that (or) length of service) ) on all types of work), then the main period of labor and other activities until September 1, 2002. it is possible to insure up to the length of service in that case, as for those periods, they were insured up to the advanced length of service according to the norms of the large pension legislation.
For example, a woman started at the Institute for Maintenance for 5 years. Then Rick worked at NDI, made friends, for a long time she was a housewife. Have 1990 r. went at once as a diplomat across the cordon, lived 15 years and did not practice. When I arrived to Russia, I didn’t work either. Having reached the age of 55 years of 2005, they will start looking for recognition of a labor pension for old age. Strictly according to the norms of the Law on labor pensions, she has more than one record of insurance experience, and a declaration about labor pensions is included in her daily. In addition, the decision of the Constitutional Court to resolve the names of the decisions of the Constitutional Court and the clarification of the ministries before the insurance period can be included in the period of induction and the period of residence abroad (the period of residence is not more than 10 years, as it was transferred by a large number of pension legislation), that is, up to 20 days fate. Let us tell our minds that we won’t, and, in such a rank, a woman will gain 5 years of insurance experience, and she won the right to a pension.
If there is a significant work experience, which is to be established for the assessment of pension rights of insured persons by way of conversion (transformation) from the pension capital, then a similar principle is established here.
Vіdpovіdno up to p. 30 Law about Labor Pensії Roseragunkoviy Rosemic Labor Pensії (Tobto Rosemіr Melovno Pensії, Yaku MІG Bi Rerimuati Mudovanin for 12/31/1010 Z Ireravayvnami Analyznaya I am on the title to the date of the Vіdpovіdnyyktka - "RP") for the bugguns of Gromadanin Mozda scho dіyalo to dialed chinnostі Law about trudovі pensії, rozmіrom pensії, yaky rozrahovuєtsya without zastosuvannya іndivіdualnogo koefіtsієnta pensіonera (vklyuchayuchi rules pіdrahunku zagalnogo seniority spetsіalnogo seniority that serednomіsyachnogo zarobіtku pensіonera) that viznachaєtsya of urahuvannyam trivalostі zagalnogo seniority tsogo The Citizen on 1 sіchnya 2002 R. and yogo average monthly income for 2000 - 2001 pp. otherwise, 60 months before September 1, 2002.
Later, as a hromadyaninovі vigіdno, then in the estimation of pension rights, the rozrahunkovy rozmіr labor pension (RP) can be placed above the order laid down in paragraph 2 of Art. 30 of the Law on Labor Pensions (similar, as already mentioned above, the calculation of pensions from zastosuvannyam ІKP according to the norms of colossal legislation, if before the total length of service the different periods of suspension-korisnoy activity are not included), but in order, ІKP. In another case, up to the total work experience, periods of training, periods of residence of squads (persons) of military servicemen at distant garrisons, periods of residence of squads of diplomats are included. five months of experience).
Keep in mind that at such a time all the subsidies will be stagnant, established by the large legislation for the purpose of determining the amount of the pension, including that obkazheniya for the maximum amount of the pension. And the maximum expansion at the same time, but there may be stagnations, only as of 1 September 2002. the work experience of a hulk has been vitiated, which earlier gave the right to a full old-age pension (that is, as a pension on the marginal bases - 25 and 20 years of age for people and women)). If there is no such length of service, then “RP” is responsible for the rules, which should be done earlier for the calculation of pensions with an incomplete length of service (in proportion to the length of service). Therefore, in the majority of cases, another option for calculating "RP" will be invisible.
The Constitutional Court of the Russian Federation at the warehouse Golovi V.D. Zorkina, judge K.V. Aranovsky, A.I. Boytsova, G.A. Gadzhiev, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazeva, O.M. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtsev,
having heard the visnovok of the judge Yu.D. Rudkin, having carried out on the basis of Article 41 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" before the petition of the Leninsko-Kuznetsk City Court of the Kemerovo Region, setting:
1. At the request of the Leninsk-Kuznetsk city court of the Kemerovo region, at the provadzhenniy of the civil court on the right after the call of the bulky woman O.O. Popov to State install - Upravlіnnya the Pension Fund Rosіyskoї Federatsії in mіstі Lenіnsk-Kuznetskomu that Lenіnsk-Kuznetskomu rayonі Kemerovskoї oblastі about pererahunok rozmіru oderzhuvanoї her strahovoї pensії for starіstyu, osporyuєtsya konstitutsіynіst PROVISIONS stattі 36 of the Federal Law od 28 Breast-2013 rock INSURANCE pensіyah "zgіdno h Whawing day recruitment of Chinnosti Tsim Federal Law Federal Law Wіd 17 Breasts 2001 ROCK N 173-FZ "Pro Labor Pensії in Rosіyskii Federation" Do not be stored, for the Vinyatki Norma, Scho Regulate Communicate Rosemir Pensih Pensiya TajaGayuts Lossing Z Methods Viscription Romіrv Insurance Pensіy Vіdpovy to the part of the Federal Law that does not supersede the Federal Law (Part 3); 4).
Yak vyplivaє s submissions to the Constitutional Court of the Russian Federation materials, O.A. Popova є with a pension for old age, recognized on the 27th of February 2013 (the moment of reaching the age of 55 years). March 1, 2015, tobto. From the day of recruitment of rank by the Federal Law "On Insurance Pensions", for the documents of the free certificate, a change was made to the increase in the insurance pension of O.A. Priestly withdrawal from the old-age labor pension established on December 31, 2014 (without fixing the fixed basic amount of the insurance part of the old-age labor pension), as well as fixed payment up to the old-age insurance pension.
At the same posts, Shaho, at the pivotchiki, rosemіr, Oderuvano Pensії, is obliged incorrectly, osskіlki during redevelopment of їїryae pensії, not Bulo, he was registered with paragraph 17 of Stattі 14 of the Federal Law "Pro Labor Pensії in Rosіyskiy Federation" (at the editorial of the Federal Law Wіd 24 Lipnuna 2009 N 213-FZ) from 1 September 2015 to the date of an increase of 30 thousand rubles in the fixed basic amount of the insurance part of the old-age labor pension from the day of recognition of the labor pension for the old-age insurance period for over 25 years.
Come to the visnovka about those who are lawful, who are being challenged, super-read articles 1 (part 1), 2, 18, 39 (part 1), 54 (part 1), 55 (part 2) and 57 of the Constitution of the Russian Federation, stinks of stench, not allowing the possibility of blocking paragraph 17 of Article 14 of the Federal Law "On Labor Pensions in the Russian Federation" in the event of the repayment of insurance pensions to persons, as of December 31, 2014, a labor pension for old age was established, until Pensі's Rosemіv's pivotchnikov in Starostright Trevian trivostі, Scho, do not realize the federal law "about insurance pensії", judge Lenіnsk-Kuznetskiy Pensі, judged Lenіnsk-Kuznetskaya Izkiy Court of Kemerovsko, sending to the Constitutional Court of Rosіyskoy re-verification of their constitutionality.
2. Constitutsіya Rosіyskoiii, Garantuyuchy Skin Socinal Square for Vіkom, at once Khvobobi, Іnvalіdnostі, random the yearwalnik for Vikovanny D_tya TA in the Ishiga Breaspads, Avened Law (Statta 39, Part 1), to visit Mechanіzmu Real_zativіїнskaya ( Article 39, part 2). The constitutional right to social security includes the right to withdraw pensions from the types established by law, the implementation of which is ensured in the Russian Federation by way of the creation of systems of obligatory and voluntary pension insurance, as well as sovereign pension insurance.
The federal legislative of Maє to reach the broadly discretions at Zona Sprotі і і і на накровіпитики на торві Пірві підсій, ї і ї и повівина виплати, and Torzhe, Yak is uncommonly for the risers of the constitutional court of Rosіyskoji, Rosiyvati, Rosіnvyuva, vrahovuyuchi fіnansovo-ekonomіchnі mozhlivostі powers on vіdpovіdnomu etapі її rozvitku that dotrimuyuchis at tsomu konstitutsіynih printsipіv spravedlivostі, rіvnostі, proportsіynostі that pіdtrimannya Dovira gromadyan before the law is the Act reasonably powers, SSMSC peredbachayut zberezhennya rozumnoї stabіlnostі legal regulyuvannya that nepripustimіst Adding dovіlnih for Change to chinnoї system of norms and so the payment to the people at the time of the consumption of capacity, the cream through the establishment of a timchasovy regulation, for a long transitional period to adapt to the changes made P and in).
2.1. Until September 1, 2015, one of the types of obligatory insurance coverage for obligatory pension insurance was an old-age labor pension, and that payment was established in the order that it was on the minds transferred by the Federal Law "On Labor Pensions in the Russian Federation" (Federal Statistics) Federal Law of December 15, 2001 N 167-FZ "On Obligatory Pension Insurance in the Russian Federation" as amended by Federal Law of December 24, 2009 N 213-FZ).
Zakrіplyuyuchi Mechanіmsm Committed by the Labor Pensії for Starіstya, Federal Law "About Labor Pensії in Rosіyskiyiyi" (at the editorial of the Federal Law of the Federal Law 24 Lipnya 2009 ROCK N 213-FZ) Advanced by paragraphs 1-22 Statti 14 Vernacle Romiru ї Insurance Party Visove hard sums of the fixed basic amount of the insurance part of the labor pension for old age and the amount of the insurance premium for the pension capital of the insured person, formed from that number for the amount of insurance contributions for the qty person since 2002.
If it is necessary to the provisions of clauses 17 and 18 of Article 14 of the Federal Law of the establishment of citizens of the population of fixing the basic amount of the insurance part of the labor pension for old age (Item 2 of the assigned article) for the skin of the lower insurance period, I will transfer 20 years for workers5 on the day of recognizing the insurance part of the labor pension for old age in the past, and for the citizens, who may have the right to recognizing the labor pension for old age, - on the day of reaching the permanently established pension age, it was increased by 6 dsotkiv; and for the presence of the insurance period, which does not reach 30 years for people and 25 years for women (for the credit of the bulk, for example, they may be entitled to an additional recognition of an old-age labor pension), - a change of 3 years for the skin of a new age, which is marriage (paragraph forty five and forty sixths) clause 10 Article 28 of the Federal Law dated April 24, 2009 N 213-FZ "On the introduction of amendments to up to 10 legislative acts of the Russian Federation and recognition by those who have spent the rank of 10 legislative acts of the Russian Federation (regulations of legislative acts) at the link with the adoption of the Federal Law "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Obligatory Medical Insurance and the Territorial Fund for Obligatory Medical Insurance ").
ONE DANІ SUMMARY OF VІDPOVIMY TO SECUTION 5 STATT 41 Federal Law 24 Lipnya 2009 ROCK N 213-FZ gained ChinnosTі З 1 Січный січника 2015 ROCK, І TAKH PERSІY VISIONA TO RAMІRUE DATE FILEKOVYY BASY Rosemіr insurance part without adjusting the length of the insurance period, which is the case for a citizen at the time of recognition of a pension (the day of reaching a permanently established pension age).
In this manner, the provisions of paragraphs 17 and 18 of Article 14 of the Federal Law "On Labor Pensions in the Russian Federation" established the procedure for calculating only one of the warehouse labor pensions for old age - a fixed basic amount of the insurance part and p105 for a study period.
2.2. As part of the reform of the system of obligatory pension insurance, the legislator, as obov'yazkovy insurance security, zamіst labor pension for old age from 1 September 2015, was instructed to: insurance pension for old age, fixed payment up to insurance pension and accumulative pension 1 law "9 About obligatory pension insurance in the Russian Federation" as amended by the Federal Law dated April 21, 2014 N 216-FZ), as well as a new legal regulation has been introduced, which fixes the procedure for recognizing and paying (Federal Law "On insurance" of that pension) Federal Law No. 424-FZ dated 28 December 2013 "On savings pension").
The Federal Law "On Insurance Pensions" has insurance pensions and a fixed payment before it is also seen as an independent form of obligatory insurance coverage of insured osibs (clauses 1 and 6 of Article 3) and the deduction of their deductions are subject to different rules (Articles 15-15). So, s 1 s) 2015 ROCA (Moment of Chinnosti Sangered by Federal Law) Rosemіr Inrakhovo Pensiya For Staristy Becoming Keywords: Vartosti One Pensіyny Krayfіnta Ta Endivіdal Pensіyny Krayfіrtsієnta Maiden For the Day, Zkomsky Film Feature Pensіya for Starista, Scho Roseravoy payments, bonuses and payments for the insured person, and the amount of fixed payments up to it - in hard sums, which lie in the trivality of the insurance experience of the insured person (Articles 15-17 of the Federal Law "On Insurance Pensions"). When fixed, the payment of the insurance pension is restored immediately after the recognition of the insurance pension.
Sobі perehіd itself to new legal regulyuvannya in the Branch of the Pension zabezpechennya gromadyan in the system of the Pension obov'yazkovogo strahuvannya zdіysneno zakonodavtsem in furrows diskretsіynih povnovazhen, of dotrimannyam vimogi about nadannya gromadyanam mozhlivostі protyagom Pevnyi Rozumny perehіdnogo perіodu adaptuvatisya up for Change, spryamovanih on realіzatsіyu konstitutsіynih pripisіv that I can’t bring about a reduction in the pension security of the population.
3. Skirmpliuyshuy Novy order Committed by Obovo Country Insurance Observation, Z Methods Skorennya Rabysch Nabutih Pensіini Insurance Osib Legislasting for Star Lyubo Invoable Mozdian Region Persian Periodiv Robota Ta (ABO) Іншой DYYALNOSTIY, SHO MALY MISCE Up 1 Schonnya 2015 ROC calculated according to the norms of the Federal Law "On Labor Pensions in the Russian Federation" of the insurance part of the labor pension for old age (without a fixed basic amount of the insurance part and the accumulative part) and the coefficients transferred to the insurance part for the old age, Zb_lshiv Rosemіr Fіxovanojo viplati to insurance pensіji pinsіvnyano z Fіsovanimi Basic Rosemir of the Insurance Party of Labor Pensії, Scho Plisply Plissed at Item 2 Stattі 14 of the Federal Law "About Labor Pensії in Rosіyskiyiyi" (Parts 10 TA 12 Statti 15 Ta Statta 16 federal law "about insurance pensії ").
For Pensіionerіv, Yaki tweemed by 31 Star_sty, Stattі 34 of the Federal Law "Pro Strakhovі Pensії" Affiliation is incremented by the procedure for recycling ~ Pensіi, a kind of dosage to the magnitude of the value of і іndivіdual pensіyny kodufіцієнта, it is necessary for a commission of insurance pensії, key the amount of the old-age pension established by him earlier (without adjusting the fixed basic amount of the insurance part of the labor pension for old age and the accumulative part of the labor pension); And Yakscho when rejection Rosemіr Labor Pensії Rosemic Insurance Pensії (without Iraravannya Fіxovano Viplati to the Insurance Pensії) Not attenuated by Pensіoner for the day of Chinnosti by the Federal Law "Pro Strakhovі Pensії" (1 SIMNY 2015 ROCK) Rosemiru Pension Pensiya Labor Parts (without Iraravannya Fіxova the basic amount of the insurance part of the labor pension for the old age and the accumulative part of the labor pension), the pensioner is paid an insurance pension in the amount, the greater amount.
Later, for individuals, they were deducted a labor pension for old age, from September 1, 2015, as a result of the re-arrangement, an insurance pension was restored and at the level, transferred by Articles 16-17 of the Federal Law "On Insurance Pensions", the payment up to it was fixed.
The legislator at Article 36 of the Federal Law "On Insurance Pensions" passed the rule about those who from the day of recruitment of rank by the Federal Law before the adoption of federal laws, which transfer the mind the federal law "On labor pensions in the Russian Federation" does not zastosovuetsya, Crimean norms regulating the calculation of the amount of labor pensions and apply for the calculation of insurance pensions.
Such as the rank of genuine legislative systems in the Systems of genuine legislative legislation, the order of Pensіyny's ZMINI in the Systems of the Obokovo Pensіyny Insuvannya Garantu Rosumna Stab_lnіlnіvniyu Pensive Regulavannaya Osis_yb's rights, but not to register constitutionally ascribed.
From the other side, as weeping from the submissions of materials, under the hour of the resurrection of the pension of O.A. Popova Fіxovan Viplate before the insurance pensії Bula is incremented in the new - Vizhomi - Rosemіrі, and insurance pensіya for Starisyu is acknowledged by зарываннымамы и індивдульный перміный койфіцієнта, фисіна ї з рмірара саровое саровой саловой просії ї заравувная фихована , scho, zgіdno z vіdomosti, otrimanimi z state establishment - Management of the Pension Fund of the Russian Federation in the city of Leninsk-Kuznetsk and Leninsk-Kuznetsk district of the Kemerovo region, led to an increase in the increase in the number of pensions.
4. Vіdpovіdno to part of the other article 36 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" is subject to review by the Constitutional Court of the Russian Federation and the non-compliance with the constitution of the challenged norm.
Oskіlki innocence in nutritional constitutionality of parts 3 and 4 of Article 36 of the Federal Law "On Insurance Pensions" today, litigated by the Leninsk-Kuznetsk City Court of the Kemerovo Region cannot be adopted by the Constitutional Court of the Russian Federation until review.
Vykhodyachi z vikladenyi keruyuchis paragraph 2 of article 43 and part of the first article 79 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation, signifying:
1. The appeal filed by the Leninsk-Kuznetsk City Court of the Kemerovo Region does not look farther away, the shards for the dismissal of the petition put by the applicant do not count as the guilt of the transfer of Article 71 of the Federal Constitutional Law "On the Constitutional Court of the Russian President was examined by the Federal Constitutional Court"
2. Praise to the Constitutional Court of the Russian Federation for this request is not enough to be insulted.
Document overview
From 01.01.2015 there were important changes in the field of obov'yazkovy pension insurance. So, the replacement of the labor pension for old age was introduced an insurance pension for old age, a fixed payment to the insurance pension and a funded pension.
The Law on Insurance Pensions, and the Law on Labor Pensions, are not zastosovuetsya (there are norms that regulate the calculation of the amount of labor pensions and apply for the calculation of the amount of insurance pensions).
Vіdpovidno to the Law on labor pensions from 2015. fixing the basic amount of the insurance part of the labor pension for old age for the skin of the latest period of insurance experience, which exceeds 30 years for people and 25 years for women, on the day of recognition of the insurance part of the pension is up, and for osib, yak may have the right to an additional day of recognition the achievement of a permanent pension entitlement for an increase of 6%.
The applicant asked to reconsider the constitutionality of the provisions of the Law on Insurance Pensions. Relying on those that, according to the norms, do not allow the sustenance of an increase in the repayment of insurance pensions to persons who, as of 31.12.2014, have established a labor pension for old age.
At the request of the Constitutional Court of the Russian Federation, stating, zokrema, step.
For the population, as of December 31, 2014, labor pensions for old age were taken off, a special procedure for the redemption of pensions was established. Він allows you to set the amount of your individual pension coefficient, necessary for calculating the insurance pension, depending on the size of the old-age pension established by him earlier (without adjusting the fixed basic amount of the insurance labor part of the labor pension for old age). Yakscho at pererahunku rozmіr strahovoї pensії (without urahuvannya fіksovanoї viplati) not dosyagaє oderzhuvanogo on 01.01.2015 rozmіru strahovoї Chastain trudovoї Chastain pensії (without urahuvannya fіksovanogo base rozmіru strahovoї Chastain trudovoї pensії for starіstyu that nakopichuvalnoyu Chastain trudovoї pensії) viplachuєtsya Strahova pensіya vischomu rozmіrі.
Later, for individuals, they were deducted a labor pension for old age, from 01/01/2015, an insurance pension was established after the change, and in the cases, transferred by the Law on Insurance Pensions, the payment up to it was fixed.
In this way, challenging the norms and elements of the mechanism that guarantees reasonable stability of legal regulation and the implementation of pension rights of insured persons.
PENSION FUND OF THE RUSSIAN FEDERATION
About stosuvannya decisions of the Constitutional Court of the Russian Federation
s urakhuvannyam praised vіd 02.11.2006 N 409-O
Pensіyny fund Rosіyskoї Federatsії for Institution that zastosuvannya in robotі іz Zakhyst іnteresіv FIU spryamovuє uhvalu the Constitutional Court of Rosіyskoї Federatsії od 02.11.2006 N 409-O "Pro vіdmovu in zadovolennі klopotannya Mіnіstra receptionists Zdorov'ya that sotsіalnogo rozvitku Rosіyskoї Federatsії about ofіtsіyne clarification Uhvalennya Constitution of April 4, 2006 to rock N 89-O "and help the advance.
The Ministry of Health and Social Development of Russia asked its fussiness to clarify the procedure for the upcoming decision of the Constitutional Court of the Russian Federation in force (dії yogo at the hour) that yogo vikonannya, tobto. as a kind of rank to stop the praise of the Constitutional Court of the Russian Federation dated 04.04.2006 N 89-O - from the moment of the appearance of decency or from the moment of the commencement of decency by the Federal Law of 22.08.2004 N 122-FZ (from the 1st of the standard term of 2005), the constitutional law of the normative period of 2005 which was revealed by the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation, with regard to the low praise (of 14.01.99 N 4-O, of 05.02.2004 N 78-O, of 27.05.2004 N 211-O, of 09.06.2005 N 220-0, 5 N 135- O that іn), in some ways of the legal position, that there are meals put at the troublesome Ministry of Health, in fact, confirming the position of the Pension Fund of the Russian Federation, it was included in the list of 28.10.2005 N GB-09-26/11530
ZonaliusStiva List of the FIU Stripping Organizatsії DYYALNOSTІ Organіv PFR Shodo Real_izatsії Rіshin Constitutsіynyy Court of Rosіyskoi Federated WiD 23.12.2004 N 19-P, Vіd 12.04.2005 N 164-O, N 165-O, VID 12.05.2005 N 182-O, O, N 210-О , N 211-О , N 212-О , N 213-О , dated 24.05.2005 N 223-О , as well as resolution to the Order of the Russian Federation issued 26.09.2005 N 582 , that the legal position of the Fund was tim, that decision the Constitutional Court of Rosіyskoї Federatsії nabirayut chinnostі of time їh progoloshennya, i Nove legal regulyuvannya (vitlumachennya) regulations of the Federal law "About obov'yazkove pensіyne strahuvannya in Rosіyskіy Federatsії" viyavlene Konstitutsіynim Court Rosіyskoї Federatsії, zastosovuєtsya of tsієї Dati, that styagnennya nedoїmki on insurance contributions to a fixed payment for the last period (until the moment of recruitment of rank by the Constitutional Court of the Russian Federation) may be delayed by the territorial bodies of the Pension Fund of the Russian Federation in full obliga- tion from the soo vidpovidno to the rank of legislation.
At the Constitutional Court of the Russian Federation, decree, stating as follows:
"The legal consequence of the decision of the Constitutional Court of the Russian Federation on the recognition of a non-constitutional act, or else the other position, including the improvement of the sense, which is given to them by law enforcement practice, which was formed, wasted by them, the power of the moment was ruined." At the same time, the Constitutional Court of the Russian Federation upheld that "the appointment, as it can be seen, was full of chivalry from the day of its adoption - April 4, 2006".
Torzor ConstitutsIniy Court of Rosіyskoii and Pogvodentiya, Yak Visthods, a third part of the third part of 79 and part of each other, Roshestnya, Rosіyskoi, Maja Maj Tіlki, Rosіyskoi, Scho, brought them to the Constitutional Court of Rosіyski Federation, Od'Dnan, and also for those who have been blamed for the adoption of the non-vicons.
Establish legal positions in the whole world to be seen and up to the order of decency and vikonnannya decisions, at some Constitutional Court of the Russian Federation, without recognizing the act, otherwise, the state of affairs is super-clear, showing their constitutional and legal zmist.
Denmark Wesnok Constitutsіynyy Court of Rosіyskoji of the Federal Divine Onenight Ansuction І to Rіshin, Visesenikh Z Pattena Insurance Incorrect in Visigandi Fіxovannye Payment by October Categorias Іndivіdualnyy Pіdprirіmtsіv (lawyer), - Poland of the Constitutional Court of Rosіyskoi federation 12.04.2005 N 164-o, 165; dated May 12, 2005 No. 182-O, 183-O, 210-O, 211-O, 212-O, 213-O; dated May 24, 2005 N 223-O.
Protecting the legal position of the Constitutional Court of the Russian Federation, when preparing arguments for defending the interests of the PFR from the judicial authorities, the decision of the Constitutional Court of the Russian Federation to the territorial bodies of the PFR is on the verge of a mother.
1. Behind the decisions, responsible for the order of the constitutional judiciary.
From the position of the Constitutional Court of the Russian Federation, formulated in a series of praises (for example, in 04.12.2000 N 243-O, in 05.02.2004 N 78-O), as well as in praise in 02.11.2006 N 409-O, forcefully Yak Vplivaє s Part of a third Stattі 79 І Party of Friend Stattі 100 of the Federal Constitutional Law "About Constitutional Court of Rosіyskoji", Rischennya Constitutsіynyy court Rosіyskoji Maja Majovno Cerp Hurudian, Yaki Brought up to the Constitutional Court of Rosіyskojo and Organizatsіyi, and so are they guilty until the adoption of the non-violent decisions.
For example, if they were a drive for the applicants to be sent to the Constitutional Court of the Russian Federation, they are subject to review by the competent authorities. Such a review is carried out without a trace until the end of the terms of submission to these bodies and independently, in accordance with it, є substantiate the revision, transferring to others, the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", acts. This legal regulation is motivated by the desire for the legal activity of the people, to adopt the dignified legislation of non-constitutional norms (praise of the Constitutional Court of the Russian Federation, dated 14.01.99 N 4-O).
Schodo osіb, SSMSC Je uchasnikami konstitutsіynogo sudochinstva, rіshennya sudіv not Realized to progoloshennya rіshennya the Constitutional Court of Rosіyskoї Federatsії and takozh INSHI rіshennya scho ґruntuyutsya on nekonstitutsіynih rules abo standards konstitutsіyno legal zmіst yakih LUVs viyavleny not pіdlyagayut vikonannyu i povinnі Buti pereglyanutі in peredbachenyh federal law vpadkah (part of another article 79 of the Federal Constitutional Law of 21.07.94 1-FKZ "On the Constitutional Court of the Russian Federation").
Reviewing the judgments of the court, if they did not gain rank, there may be zdijsneniya within the framework of the cassation oskarzhennya for a period of 10 days from the day of the approval of the decision by the court in the residual form ( ).
Rishenny Schuv, Scho scored legitimate Sili, Alla is not Viconani to Rosiyyski's Rosishennia, Rosiyuski, Mozdtutsіynyy Court of Rosіyskoiii, might be overwhelmed in order to see the swollen swindle of the s day of the day ї Е three months from the day of installation pidstav for review (). At the beginning of the calculation of the term of the installation of the situation, the basis for the revision, there may be the date of the official publication of the decision of the Constitutional Court of the Russian Federation.
At the center of the Constitutional Court of Rosіyskoi Federal District of the Constitutional Court of Rosіyskia Federal District of the Constitutional Court of Rosіyskoi, I am not Tіlki, Material-legal, I am not t_Silki-legal about the Aktіv's judgling, and I will define the guidelines for the negative , which was considered by the Constitutional Court of the Russian Federation.
2. Behind the judicial decisions, the fault of any osib, yakі є participants of the constitutional judiciary.
Yak yelling from the position of the Constitutional Court of the Russian Federation (was applauded in 14.01.99 N 4-O, in 02.11.2006 N 409-O), on the people who were not participants in constitutional jurisprudence, Non-Constitutorsіюu Abo Constitutsіin-legal zmіst norms of the Bulo Bulo wedroom, it is known for the part of the third part of the third of the federal constitutional law "about the Constitutional Social upside down, tobto. with victories secured by other legislation of the material and legal substituents and procedural institutions.
It’s worth it to be quiet, that they didn’t enter, so they gained legal force and decision, but not vikonanih or vikonanih chastkovo. Such a review, however, cannot be carried out without the strong will of the subjects and the protection of the Galuze legislation.
In case of any trace of the mother on the court, in this case, Galuzev’s legislation is the Civil Procedure Code of the Russian Federation or the Arbitration Procedural Code of the Russian Federation, the norms of such transfers were submitted for revision of court decisions (acts), which were made legally collected.
Vіdpovіdno to pozitsії the Constitutional Court of Rosіyskoї Federatsії for nayavnostі materіalnih i protsesualnih peredumov and takozh mozhlivih pereshkod (napriklad, the fact zakіnchennya line pozovnoї davnostі abo fact pass line for restoration Spravi for novoviyavlenimi obstavinami) for pereglyadu rіshen stink vstanovlyuyutsya of Claim The Citizen abo upovnovazhenoї posadovoї individuals tim the court, to the competence of which, such a revision was made, beyond the limits of the arbitrariness of the rules of judiciary. In order to protect the rights of the applicants from their right, they can win over the court procedures by the Galuze legislation. Revisiting the court's decisions at the link with the norms of non-constitutional possibilities, zokrema, both in the order of the ship's eyes, and behind the new furnishing.
At the same hour of the Constitutional Court of Rosіyskoiiiiii, Pillars 12.05.2006 N 135-O Pіdkreslyuє, Scho "Nadnya VIMIM ROSESHNYE CONSTRUCTUCIAN COUNTRY ROSІYSKO ROSEYSIYY MEDIA, Yak Vimagalo b Obovo bikes the court of observational instance, which gained chivalry (on which the applicant actually impinges), would have caused to the destruction of the principle of legal responsibility, such a transfer, the judicial act, which should be vindicated with a residual verdict, without doubting the doubts, which could cause damage to the balance, what is constitutionally protected., what is inadmissible from the Constitution of the Russian Federation, and the Convention on the protection of human rights and fundamental freedoms ".
3. For the decisions of other, Crimean courts, law enforcement agencies.
SLID TRY ROSІYSKY CONSTRUCTION OF ROSІYSKO RUSSION OF THE DEPARTMENT 25.06.2001 N 9-P "PRIZE PERSIKOPKU CONSTRUCTOTSІYNOSTI MANAGE OF THE PRESIDENT ROSIYSKO ROCK NEW 2709" PROGRESS SAN PLAYS CANCELENNESNY from the request of a group of deputies in the State Duma "having established that the Pension Fund of the Russian Federation vicons, in fact, the functions of an insurance company, which effectively manages the costs of obligatory (state) pension insurance, and ensures the recognition and payment of their own pensions. Otzhe, the Pension Fund of the Russian Federation of granting public-ownership renewals to secure the constitutional right to a state pension, including the renewal of recognition of the designation of pensions.
Federal law dated 15.12.2001 N 167-FZ "On obligatory pension insurance in the Russian Federation" having secured the special entitlement of the Pension Fund of the Russian Federation, its law and obligatory pension insurance in the sphere of obligatory pension insurance, having established that endowed with public-dominated honors.
Such as the Pensіini Foundation of Rosіyskoiii by virtue of two status of the ones of functions of funki є by the human rights authority, the kind of Zdіysnyuє his dіlnіst Vіdpovdimd to the renovation, the proposal of the legislation, not to enter the renunciation of the head of the Schiannye Rudnyasna, the Tlumachenian obov'yazok zastosuvannya legislation on the basis of yoga literal sense.
Later, the decision, which is to be blamed by the Pension Fund of the Russian Federation, is submitted to "decisions of other, Crimean courts, law enforcement agencies."
Zonachasimo, Scho Smynyazka z, Rosіyskoi's Roshonnya, Rosіyskaya's Rosiyazhniyiyiy, North-Commercial Rischnya, nims on the basis of the standards, visnant non-confidentiality of the Abstract of the Constitutsіin-Legist “other” law enforcement agencies.” Such a review cannot be carried out without the strong will of the subjective subjects and the protection of the Galuze legislation.
With the help of the PFR legislation, there is legislation on obligatory pension insurance, laws, norms of Federal laws dated 12/15/2001 N 167-FZ "On obligatory pension insurance in the Russian Federation" and dated 17.12.2001 N 3-FZ Federation". The provisions of these Federal Laws transferred the right of the territorial bodies of the PFR to take decisions, zocrema, about the contraction of arrears from insurance premiums, penalties and fines; about the establishment of chi v_dmovu at the established labor pension, about the payment of the assigned pension, about the loss of the pension, and about the contraction of the payment of the sums of such a pension, which may be oscarzheni.
VІDPOVIMY TO PECHAND 7 STATTІ 18 OF THE FEDERAL LAW OF VID 17.12.2001 N 173-FZ "PRO LOOKING PENSIA IN ROSІYSKIY FEDERIE" ROSESHNIE OF THERITORITING ORGANIA INSTRUCTION PROGRAM ON ABOUT ABOUT VIPLATE ARASEED LOGE PENSIA, PRO WIPLATU RESPONSOINED PENMSE, PRO TRENMANY Z TSIєSA PENSIA the deposit of the paid sums of such a pension can be oskarzhenі to the highest pension authority (according to the recommendation to the authority, which is the fault of the decision) and (or) to the court.
In addition, the Supreme Court of the Russian Federation at paragraph 1 Decree the Plenum of December 20, 2005 N 25 "About the acts of nutrition, which were blamed on the courts at the hour of review of the rights, which caused the realization by the people of the right to labor pensions", setting the point, scho "through 1 Particle 1 Statti 22 of the Tsivny Procedure Code of Rosіyskoi Co., paragraph 7 of Statti 18 of the Federal Law "About Labor Pensії in Rosіyskiyiyii" I am promoting the authority of MІZHAZYANOVA TAI, Yezhkaya Zdіysnyuє Pensіin Zobrechennya, about ABOUT ABOUT VІDMOVA PO pensions, about the loss of the payment of pensions, and about the contraction of the sums paid for by such a pension, as well as from other disputes related to the recognition and payment of labor pensions, under the jurisdiction of the courts of civil jurisdiction.
In this way, the rights of the right-handed people, who did not return to the judicial authorities, are pending review of the date of re-submission of the application for the establishment (re-arachunka) of the assigned pension (which is in accordance with the provisions of Article 19 of the Federal Law of December 17, 2001 N 173-FZ "a labor pension is awarded from the day of the date of payment for the ordered pension. decision of the Constitutional Court of the Russian Federation.
At the same time, respect is given to the fact that the norm is similar to the norm of paragraph 7 of article 18 of the Federal Law of December 17, 2001 N 173-FZ, which transfers the right of the citizen to denounce the decisions of the territorial bodies of the PFR, to be held at paragraph 8 of Article 25.1 of the Federal Law of 2001 2001 decisions about the contraction of arrears from insurance premiums, penalties and fines are charged from incl. lines, by the way of which the payer of insurance payments on obov'yazkove pension insurance may have the right to oskarzhiti appointed decision to the superior body of the insurer or to the arbitration court.
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Ven. 06.03.2003 CONSTRUCTING OKRAYSIKE CONSTRUCTION CONSTRUCTOTSІNTІ PERSIKI IN ROSІYSKIY FZE PRODUCTION PERSION IN ROSІYSKIY FRIENIE VNITINA WHAT IS SHO NOT PІDLAGAє RESISTABY were employed on robots with heavy minds of work until 01/01/2002;
DESIGNATION
dated March 6, 2003 N 107-O
TO THE SORMIVSKY DISTRICT COURT
MISTO OF NIZHNY NOVGOROD ABOUT THE REVISION OF CONSTITUTIONALITY
SUB-POINT 2 OF POINT 1, POINT B 2 AND 3 OF ARTICLE 27
І POINT 1 І 2 ARTICLE 31 OF THE FEDERAL LAW
"ABOUT LABOR PENSIONS IN THE RUSSIAN FEDERATION"
The Constitutional Court of the Russian Federation at the warehouse Golovi V.D. Zorkina, judge M.V. Bagla, N.S. Bondar, G.A. Gadzhiev, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Kleandrov, L.O. Krasavchikova, Yu.D. Rudkina, N.V. Seleznova, A.Ya. Slivi, V.G. Strekozova, O.S. Khokhryakova, B.S. Ebzeeva, V.G. Yaroslavtsev,
having heard at the plenary session the visnovok of the judge O.S. Khokhryakova, on the basis of Article 41 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" before the hearing of the petition of the Sormevsky District Court of the city of Nizhny Novgorod,
by setting:
1. At the request of the Sormіvskiy District Court of the city of Nizhny Novgorod, the constitutionality of subparagraph 2 of paragraph 1, paragraphs 2 and 3 of Article 27 of the Federal Law of December 17, 2001 "On labor pensions in the Russian Federation" on robots with important minds of work, the right to complete the recognition of a labor pension for old age, as well as paragraphs 1 and 2 of Article 31 of the same Federal Law, which establishes that from the day he recruited his rank (1 September 2002), the rank of the Federal Law " About the sovereign pensions of the Russian Federation".
As if yelling at the presentation of materials, at the disposal of the Sormievskiy district court of the city of Nizhny Novgorod, on the right, for the skarga of the bulky woman V.A. Tarasova on the decision of the Administration of the Pension Fund of the Russian Federation in the Sormivsky district of the city of Nizhny Novgorod, on the basis of the established norms, which led to the recognition of the retirement pension date from February 23, 2002 to the end of June 2002
V.A. Tarasova from 14 spring 1977 to 28 February 1985 worked as a stoker in a boiler house on a rare and gaseous fire of the Sormivsky confectionery factory. The law of the SRSR, which was in effect at that period, dated 14 March 1956, "On State Pensions" transferred the establishment of an old-age pension on a pilgrim mind, which is assigned earlier than the final pension age (Article 9). The right to such a pension was given, zokrema, for the work of those shkidlivimy and important minds of the workers behind the list of factories, workshops, professions and settlements, which are hardened by the Rada of Ministers of the SRSR. Oskіlki profession "engineer (fireman) of the boiler house" was included in the List N 2 of types, workshops, professions and settlements, a robot in some way gives the right to a sovereign pension on the pіlgovyh minds and on the pіlgovyh rozmirah (approved by the Decree of the Ministers of the USSR on 22 September 1956 1173 section XIV), hour of work by V.A. Tarasova in this profession in the period up to 27 leaf fall, 1984, the year gave rise to a special seniority, which gives the right to a pension for old age on a plethora of minds (Resolution of the Sovereign Committee for the Practice of Social Nutrition and the Secretariat of the All-Union Central Revolutionary Trade Union on 27 leaf fall, 1984 N22222 ) .
Decree of the Cabinet of Ministers of the SRSR on September 26, 1991 N 10 was approved by the new List N 2 of workers, jobs, professions, planting and ostentatious people with difficult minds and heavy minds, employment with those gives the right to a pension for a century (for old trade). Tsey List of introductions in the district on the territory of the RRFSR since 1 September 1992, zastosovuvavsya with recognized pensions in connection with special minds pratsi on the substitution of paragraph "b" part of the first article 12 of the Law of Ukraine "On State Pensions in the Russian Federation", Yakim Pensіya stunned choloviki pіsl smelted 55 Rockіv І Zhіnok - pіsl ryynenenna 50 Rockіv, Yakschko Vonya perfectly on robots with the most misunderstanding rokіvі vіdpovidny not me 21 rokіv і ї іsyatsіv і 10 rokіv ta їx to these citizens, who had at least half the experience on robots with important minds of work, a pension was granted from the change in the designated salary for one year for two years and six months for such robots and for two years for such robots - women.
After all, List No. 2 of 1991 included the profession "boiler stoker (on wood and shale)", and V.A. Tarasova to the Kochghar Kotelnі on the R_DKOM TU GAZOBODIBOVIY PAIVI, the experience of Professional to Stattі 133.1 of the named law (she is averaging rule about the inclusive to special labor experience an hour of crewing to 1 schonnya 1992 ROCHTEMY ROBIT, Rob_T ZKK_DLIVIY UKOVA PRACI , as well as other jobs with important minds of the worker, who give until September 1, 1992 the right to withdraw pensions on pilgovyh minds) having paid a salary in a special work experience, for the improvement of which a pension was assigned to the link with a special mind in the case of a lower pension. In such a rank, up to the norms of insufficiency until September 1, 2002, the Law of the Russian Federation "On State Pensions in the Russian Federation" V.A. Tarasova, since he had worked with heavy minds for over six years, an old-age pension could have been recognized for 52 years.
In the fierce fate of 2002, after reaching the appointed age, V.A. Tarasova brought out fellow in Pensії Rosіsti-Ukraine Pension Foundation in the Sorrivsky Foundation of the Mistojo Novgorod, Odku Zemo йi Bulo Vіdmdovna in Tіy Pіdparkti, Scho Wick Pisard Other Pіdpunkt 2 Paragraph 1 Stattі 27 Federal Law "About Labor Pensії in Rosіyskiy Fedevії" saving the right to a change in the pension age for the citizens, who worked on robots with heavy minds and may have at least half of the necessary special experience, with the experience of such work List N 2 1956, the rock cannot be more zastosovuvatsya; an hour of service, assigned to this List, was included until the special period of service less than an hour for the Law of the Russian Federation "On State Pensions in the Russian Federation" that is valid until the direct order of Article 133.1; osskіlki tsi law chasing chinn_st з 1 Січники 2002 ROCK, and federal law "About labor pensії in Rosіyskiy federation" Nem "Norma, analogue for the ZM_STOM STATTI 133.1, Periodi Robіt, Yakі zgіdi zi list N 2 1991 ROCK stopped waters N 2 1956 year, they cannot be insured during the given hour if the length of service is calculated, which gives the right to a recognition of a labor pension for old age before the end of the year.
The Sormіvskiy District Court of the City of Nizhny Novgorod, a statement about those that are stipulated, that they apply zastosuvanny with the violation of the given right, subparagraph 2 of paragraph 1, paragraphs 2 and 3 of Article 27 of paragraphs 1 and 2 of Article 31 of the Federal Law "On Labor in Russian Pensions" "- this world, such a stench, they include the length of service, which was built up to the recruitment of the rank of the named Federal Law, the hour of the viconnance of the work, the transfer of the List N 2 of 1956 to the year, and allow for the right to complete the recognition of a labor pension for old age, may be necessary for such work experience trivality, - do not comply with Articles 7, 19, 39 and 55 of the Constitution of the Russian Federation, awarding the right to return to the Constitutional Court of the Russian Federation with a request for a review of their constitutionality.
2. Vіdpovidno to the Constitution of the Russian Federation, social security is guaranteed to the skin for a century, in case of illness, disability, spending a year old, for the rehabilitation of children and other disabilities, established by law (Article 39, part 1). The constitutional right to social security includes the right to deprivation of pensions from the lawful states and states.
Federal law Vіd 17 breast 2001 ROCKI "PRODUCTION PENSIA IN ROSІYSKIY FEDERSI", POSIONSKY PІDSTAI VIKNYNEYNYA TA Order Real_zatsії RUNSIAN ROSІYSKO ROYSIONSYE FOR LAWS PENSIA TO SKRIMIPLYUKHY YAK OKOVYA MANDATURE OF LABOR PENSІSI FOR STARISTY FOR STARSIVE FOR PENSІV TA 55 Rockіv for woman) that the presence of insurance experience is not less than five years (Article 7), transferring the same order of saving and transforming pension rights, swelled by the hunkers to gain rank on the basis of rank legislation, including the right to complete the recognition of labor pensions for old age for osіb, yakі trivaly hour were occupied on underground robots, on robots zі shkіdlivimi, important minds of praci, as well as other professional activities, in the process of such an organism, people are subjected to an unspe- cially influx of various fac- tors , the rational nature of that.
VІDPOVYY TO SUCCESSIVE WITH WORKING WORDS STATT 27 federal law "Pro Labor Pensії in Rosіyskiyiiiii" Labor Pensiya in Starostright Acknowledged Ranisch Movement Vіku, Agened Statthey 7, Choloviki - Pisl Vіku 55 Rockіv і zіkamm - Після и иовиння віку 50 rokіv on robots with important minds, the work experience is not less than 12 years and six months and 10 years and the insurance experience is not less than 25 and 20 years, and in times, as designated individuals, at least half of the insurance line may be transferred seniority, labor pension is assigned to him from the change of age, transferred to Article 7 of the Federal Law, for one year for two years and six months for such people and for two years for such works - for women (subparagraph 2 of paragraph 1); consider the recognition of a labor pension for old age earlier than the achievement of the age established by Article 7 of the Federal Law, zastosovuyutsya at the same time, as the insured person worked for at least half of the required term on the 1st day of 2003 for old age recognition the period from 1 September to 31 December 2002 - the day for which the pension is assigned (paragraph 3).
Instead of introducing norms, note that they guarantee the preservation of the right to a recognized labor pension for old age before the end of the world to all citizens, as on the day of the introduction of the Federal Law "On Labor Pensions in the Russian Federation" Among those who have worked on robots with important minds in the period up to September 1, 1992, they have also gained special experience). With the order of subparagraph 2 of paragraph 1 and paragraph 3 of Article 27, as well as other articles of the Federal Law, it does not matter that the right of the hunkers is assigned to the category on the completion of the recognition of a labor pension for old age, but ceased to be vvazhatisya such) those robots, like in the period of їх vikonanny the bulky man lay, zgіdno with chinnym normative legal acts, to work with heavy minds pracі (zokrema, buli included before List N 2 1956 year) and until 1 September 2002 were insured up to the experience, which gives the right to a pension, which is assigned to a reduced pension entitlement.
The clouding of the names of the norms, as it is allowed not to include the hour of appointment of the appointment of a special work experience on the basis, that these robots, for their character and minds, are no longer recognized as important, not only superchilled for their effective recognition and recognition, but also created the rights for the construction of unrealistic recognition of a labor pension, which is unacceptable at a glance, could be Article 19 (Parts 1 and 2) of the Constitution of the Russian Federation, and led to an illegal exchange of the rights of the social security community (Article 39, Part 1 of the Constitution of the Russian Federation).
3. Nevіdpovіdn_st Constitutsії Rosіyskoi Federal Law 2 Stattі 27 of the Federal Law "About Labor Pensії in Rosіyskiyiyii", ШОО соебра продать на гольтовь Ревиской и и стровіджуний родной тортов, PROWAGE, PROFITY, POST OTHER SPECIALIVIY TA INSTRUCTION, WAY Verdivo, and Torzor rules received perigodіv robota, acknowledged by the works of Pensіy, the statement of Vbacchu, Zokrema, at the School of Rosіyskoiii, Realіzuychi Nadі yom Tsіюu Norma Right, Okazuuє Zhoshuvati at Vishennі Patimna, acknowledged by the Labor Pensiya It's important UMODS PRATSI, LIST N 2 VIBTINETS, ROBIT, PROFITE, POST ON THE ENERGY UKOVATS PRATSI, SDIDGE SERVES VID 26 SCHNIV 1991 ROCK N 10 (p_dpunkt "B" PRECEME 1 EDUCATION OF ROSІYSKO ROSIYSKY WILD 2002 rock N 537 "About the lists of varieties, robot , professions and settlements, with the improvement of any of them, a labor pension for old age is granted until Article 27 of the Federal Law "On labor pensions in the Russian Federation", that about the confirmation of the rules for calculating the periods of work, which gives the right to the extension of recognition of an old man for labor pension civil aviation is subject to Article 27 of the Federal Law "On Labor Pensions in the Russian Federation"), including the possibility for pension agencies to zastosuvannya List N 2 1956 year.
Tim An hour IZ ZMTSti clause 2 Stattі 27 of the Federal Law "About Labor Pensії in Rosіyskii Fedevії" Not Visitvyє, Shaho Rosіyskoi DysiSuda Nadіliyuyu Rosydni Polyvati Pensіinі Vіdnosini Pratskіvnikіv, exist on robots zk_dlivimi, the most important mysteries pensі, stand up zaprovadzhuvati be-yakі not transferring the law of the right to pension security for the work of heavy minds. Under Zdіysnenni Names Renoving Diva Rosіyskoiii Non-Tіlki Ros'yazniy by the legislative standards, Shaho stunnu items Viknyannya, the order of real_zatsії RUSSIAN RUSSIAN ROSІYSKO RUB TO LABOR PENSІSI, THAT NITERIY SCHO REGULATED ORDER ORDER OF THE SKREZENNA TA SPIERNING RBS Article 15 (Part 1) of the Constitution of the Russian Federation, apparently to the extent that the law and other legal acts that are accepted in the Russian Federation, are not guilty of superficiality of the Constitution of the Russian Federation.
I put item 2 Stattі 27 federal law "Pro Labor Pensії in Rosіyskiyiyiji" not a swift in Rosіyshkiєi, Yakschko, Yakschko, Visnunsky, I promoted Vіn Dipyde Visnka about the defendant of the constitutional rights і і и луданян Act Act by Rosіysko Federal Region provadzhen, robіt, profesіy i posad, zaynyatіst іn those give the right to a pension for old age on a pіlgovyh mind, owe zastosovuvatisya at a pre-term recognized labor pension, transferred by subparagraph 2 of paragraph 1 of Article 27 of the Federal Law "On labor pensions such in Russia", inconsistency of the order of such an act to the norms of the federal law - to adopt a decision on the basis of the Constitution of the Russian Federation and the federal law.
4. In this way, challenging the provisions of subparagraph 2 of paragraph 1, paragraphs 2 and 3 of Article 27 and paragraphs of 1 and 2 of Article 31 of the Federal Law "On labor pensions in the Russian Federation" cannot themselves be considered as violating constitutional rights hromadyan, yakі u period up to 1 sіchnya 1992 roku were employed on robots with important minds pracіta until 1 sіchnya 2002 roku mali the right to a pension from zv'yazku with special minds pracі, yak was assigned earlier than the zagalny pension age.
The provisions of the law do not change to the law enforcement bodies of insurance when calculating the length of service with heavy minds of work, which gives the right to recognize a labor pension before the construction, an hour of work by a huge man, transferring to List N 2 of the provision, workshops, professions and settlements, a robot in any state pension on the pilgrim minds and on the pilgrimage roses, we will ratify the Decree for the Radiation of the Ministers of the SRSR on 22 September 1956, the year N 1173; Otherwise, the clouding of these provisions superimposed on the constitutional and legal change, which was revealed by the Constitutional Court of the Russian Federation to its Deputy.
Vykhodyachi z vikladeniyusya paragraph 2 part of the first article 43 and part of the first article 79 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation
signed:
1. The provisions of subparagraph 2, paragraph 1 and paragraphs 2, 3 articles 27, paragraphs 1 and 2 of articles 31 of the Federal Law "On labor pensions in the Russian Federation" apply for the statute of limitations to their constitutional and legal opinion, determined by the Executive.
2. Viznati RFQ Sormіvskogo District Court Mista Nizhny Novgorod pіdlyagaє away rozglyadu zasіdannі on the Constitutional Court of Rosіyskoї Federatsії, oskіlki for virіshennya posed in nyoma power not potrіbno vinesennya peredbachenogo statte konstitutsіynogo 71 of the Federal law "About Konstitutsіyny Court Rosіyskoї Federatsії" pіdsumkovogo rіshennya in viglyadі.
3. Praise to the Constitutional Court of the Russian Federation for this request is not resented.
4. Dane Appointment for publication in the "Russian Newspaper", "Collections of Legislation of the Russian Federation" and "Bulletin of the Constitutional Court of the Russian Federation".
Head
Constitutional Court
Russian Federation
V.D. ZORKIN
judge secretary
Constitutional Court
Russian Federation
Yu.M.Danilov