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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 19, 2016 No. 16-P

On the case of check of constitutionality of parts one and third article 7 of the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances, organizations and bodies of criminal executive system, the Federal Service of troops of national guard of the Russian Federation, and their families" in connection with the claim of the citizen V. N. Karpekin

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of parts one and third article 7 of the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances, organizations and bodies of criminal executive system, the Federal Service of troops of national guard of the Russian Federation, and their families".

Reason for consideration of the case was the claim of the citizen V. N. Karpekin. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation challenged in the claim of legislative provision.

Having heard the message of the judge-speaker S. M. Kazantsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The applicant on this case citizen V. N. Karpekin challenges constitutionality of following provisions of article 7 of the Law of the Russian Federation of February 12, 1993 No. 4468-1 "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances, organizations and bodies of criminal executive system, the Federal Service of troops of national guard of the Russian Federation, and their families" (the name according to the Federal Law of July 3, 2016 No. 227-FZ):

part one according to which to persons specified in article 1 of this Law, and their families having at the same time the right to various pensions in accordance with the legislation of the Russian Federation one pension at their choice is established (except as specified, provided by this Article and the Federal Law of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation");

part three according to which parents of persons specified in article 1 of this Law, the died (dead) owing to the reasons listed in the Item "and" of its Article 21 (except as specified when the death of specified persons was caused by their illegal actions), have the right to simultaneous receipt of two pensions; can be established by it pension on the occasion of loss of the supporter, stipulated in Article the 30th this Law, and any other pension established in accordance with the legislation of the Russian Federation (except for pensions on the occasion of loss of the supporter or social pension on the occasion of loss of the supporter).

As appears from the claim and the materials attached to it, V. N. Karpekin and his wife L. V. Karpekina are N. V. Karpekin's parents - the police second lieutenant, the student of the Saratov legal institute of the Ministry of Internal Affairs of Russia which died in case of fulfillment of duties of service in law-enforcement bodies in 2003 and V. V. Karpekin - the lieutenant of FSB of Russia, the dead in case of fulfillment of duties of military service in 2009. Due to the death of the younger son to spouses by Karpekin it was appointed and the UFSB of Russia in the Ryazan region pension on the occasion of loss of the supporter in the amount of 19 232 rub 09 kopeks is paid to everyone. In March, 2013 they addressed to Regional Office of the Ministry of Internal Affairs of Russia across the Ryazan region behind award of pension on the occasion of loss of the supporter in connection with death of the eldest son, however were refused. V. N. Karpekin and L. V. Karpekina's requirement about recognition of the right to the second pension behind them on the occasion of loss of the supporter the decision of the Soviet district court of the city of Ryazan of September 25, 2015 is left without satisfaction.

According to the applicant, the legislative provisions challenged by him contradict Article 39 (part 1) Constitutions of the Russian Federation as provide the right of parents of two dead in case of fulfillment of duties of military service, services in law-enforcement bodies of children on obtaining - along with the pension established by it (for long service according to the Law of the Russian Federation of February 12, 1993 No. 4468-1, on old age according to the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions", etc.) - only one pension on the occasion of loss of the supporter.

Respectively, taking into account requirements of Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" of provision of parts one and third article 7 of the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances organizations and bodies of criminal executive system, the Federal Service of troops of national guard of the Russian Federation, and their families" are subject of consideration of the Constitutional Court of the Russian Federation of this case so far as they form the basis for scoping of provision of pensions of parents of two and more children who died in case of fulfillment of duties of military service, service in law-enforcement bodies.

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