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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 19, 2018 No. 9-P

On the case of check of constitutionality of part 5 of article 2 of the Federal law "About Guarantees of Provision of Pensions for Separate Categories of Citizens", Item 5 of Article 15 and Item 7 of article 20 of the Law of the Russian Federation "About the status of judges in the Russian Federation" in connection with request of Industrial district court of the city of Smolensk

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, S. M. Kazantsev, 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, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of part 5 of article 2 of the Federal law "About Guarantees of Provision of Pensions for Separate Categories of Citizens", Item 5 of Article 15 and Item 7 of article 20 of the Law of the Russian Federation "About the status of judges in the Russian Federation".

Reason for consideration of the case was the request of Industrial district court of the city of Smolensk. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

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

established:

1. According to part 5 of article 2 of the Federal Law of June 4, 2011 No. 126-FZ "About guarantees of provision of pensions for separate categories of citizens" the periods of service (work) considered according to this Federal Law when transforming the pension rights of insured persons to the settlement pension capital do not join in length of service (in length of service) taking into account which, (which) the long-service pension or the monthly perpetual maintenance is granted.

According to Item 5 of article 15 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "About the status of judges in the Russian Federation" is paid to the judge staying in resignation pension in accordance with general practice; pension in accordance with general practice or not the taxable monthly perpetual maintenance in the amount of eighty percent of the monthly monetary reward working on the corresponding judgeship is paid to the judge staying in resignation having length of service in judgeship at least 20 years at its choice; to the judge staying in resignation having length of service in judgeship less than 20 years and who reached age 55 (for women - 50) years, the size of the monthly perpetual maintenance is estimated in proportion to the number of the complete years fulfilled in judgeship (paragraph one); to the judge staying in resignation having length of service in this position more than 20 years, the monthly perpetual maintenance increases from calculation: for every year of length of service over 20 years - one percent of the specified content, but only no more than 85 percent of the monthly monetary reward holding the corresponding judgeship (paragraph two); the judges staying in resignation who became disabled people owing to military injury have the right to the monthly perpetual maintenance and disability pension (the paragraph third).

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