On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 5, 2017 No. 36-P

On the case of check of constitutionality of Item 1 of part 2 of article 10 of the Federal law "About Insurance Pensions" in connection with request of the Kuznetsk district court of the Penza region

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",

Reason for consideration of the case was the request of the Kuznetsk district court of the Penza region. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

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

established:

1. According to Item 1 of part 2 of article 10 of the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions" the children, brothers, sisters and grandsons of the died supporter who did not reach age of 18 years, and also the children, brothers, sisters and grandsons of the died supporter studying full-time according to the main educational programs in the organizations performing educational activities including in the foreign organizations located outside the territory of the Russian Federation treat disabled members of the family of the died supporter in case of purpose of insurance pension on the occasion of loss of the supporter if the direction on training is made according to international treaties of the Russian Federation, before the end of such training by them, but not longer than before achievement of age of 23 years by them or children, brothers, sisters and grandsons of the died supporter are more senior than this age if they before achievement of age of 18 years became disabled people; at the same time brothers, sisters and grandsons of the died supporter are recognized disabled family members provided that they have no able-bodied parents.

1.1. Constitutionality of the given legislative provision is disputed in request of the Kuznetsk district court of the Penza region in which production there is civil case in the claim of the citizen Yu. Yu. Nuzhdina to territorial authority of the Pension Fund of the Russian Federation about recognition illegal decisions on refusal in purpose of insurance pension on the occasion of loss of the supporter. The fact that YU.YU formed the basis for such refusal. Nuzhdina was not carried to persons having the right to the specified pension as it, though studies according to the program of magistracy at the Belarusian state university on full-time courses, did not go to this educational institution, and arrived there independently while owing to Item of 1 part 2 articles of the Federal law "About Insurance Pensions" one of conditions of purpose of insurance pension on the occasion of loss of the supporter to his full age children studying in the foreign educational organizations are the direction on training according to international treaties of the Russian Federation.

Having come to conclusion about uncertainty availability in question of whether there corresponds to the Constitution of the Russian Federation the Item 1 of part 2 of article 10 of the Federal law "About Insurance Pensions" which is subject to application in this case, the Kuznetsk district court of the Penza region determination of June 26, 2017 suspended proceeedings and appealed to the Constitutional Court of the Russian Federation with request about check of constitutionality of this legislative provision.

As the applicant claims, the legislative provision disputed by him contradicts Articles 7 (parts 1 and 2) and 39 (parts 1 and 2) Constitutions of the Russian Federation as excludes possibility of establishment to children, brothers, sisters and grandsons of the died supporter, independently (without the direction for study according to international treaties of the Russian Federation) arrived in the foreign educational organizations and studying full-time in them, insurance pension on the occasion of loss of the supporter for the period before completion of training by them, but no more than before achievement of age by them 23 years.

1.2. Owing to requirements of Articles 74, 101 and 102 Federal constitutional laws "About the Constitutional Court of the Russian Federation" the Constitutional Court of the Russian Federation, checking constitutionality of the legislative provisions disputed by it at the request of court, accepts the resolution only in the subject specified in request and only concerning that part of the act which constitutionality is called in question, estimating both literal sense of the considered legislative provisions, and the sense given them by official and other interpretation, and also the developed law-enforcement practice and proceeding from their place in system of precepts of law; at the same time the law applied or which is subject to application in specific case can only be check subject in the Constitutional Court of the Russian Federation at the request of court.

2. The constitution of the Russian Federation according to the purposes of the social state enshrined in its Article 7 (part 1), guarantees everyone social security on age, in case of disease, disability, loss of the supporter, for education of children and in other cases established by the law (Article 39, part 1). The constitutional right on social security includes also pension entitlement on the occasion of loss of the supporter which conditions and procedure for obtaining according to Article 39 (part 2) Constitutions of the Russian Federation are established by the law.

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