Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 28, 2020 No. 5-P

On the case of check of constitutionality of provisions of part four of 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, troops of national guard of the Russian Federation, bodies of forced execution of the Russian Federation, and their families", the subitem 2 of Item 1 of Article 6, of Item 2.2 of Article 22 and Item 1 of article 28 of the Federal law "About Mandatory Pension Insurance in the Russian Federation", the subitem 2 of Item 1 of article 419 of the Tax Code of the Russian Federation, and also parts 2 and 3 of Article 8, of part 18 of article 15 of the Federal law "About Insurance Pensions" in connection with the claim of the citizen O. V. Morozova

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, 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 provisions of part four of 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, troops of national guard of the Russian Federation, bodies of forced execution of the Russian Federation, and their families", the subitem 2 of Item 1 of Article 6, of Item 2.2 of Article 22 and Item 1 of article 28 of the Federal law "About Mandatory Pension Insurance in the Russian Federation", the subitem 2 of Item 1 of article 419 of the Tax Code of the Russian Federation, and also parts 2 and 3 of Article 8, of part 18 of article 15 of the Federal law "About Insurance Pensions".

Reason for consideration of the case was the claim of the citizen O. V. Morozova. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the legislative provisions disputed by the declarant.

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. According to part four 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, troops of national guard of the Russian Federation, bodies of forced execution of the Russian Federation, and their families" (the name according to the Federal Law of October 1, 2019 No. 328-FZ) persons specified in article 1 of this Law in the presence of conditions for purpose of insurance pension on old age have the right to simultaneous receipt of long-service pension or the disability pension provided by this Law and insurance pension on old age (except for fixed payment to insurance pension on old age), established according to the Federal Law "About Insurance Pensions".

According to the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation" insurers on mandatory pension insurance are the individual entrepreneurs, lawyers, arbitration managers, notaries who are engaged in private practice (the subitem 2 of Item 1 of Article 6);

in case of calculation of the insurance premium in the fixed size paid by the insurers specified in the subitem 2 of Item 1 of article 6 of this Federal Law rates of insurance premiums in the amount of 22 percent which are determined in proportion to rates of insurance premiums, stipulated in Item 2.1 articles 22 of this Federal Law (Item 2.2 of Article 22) are applied;

the insurers specified in the subitem 2 of Item 1 of article 6 of this Federal Law pay insurance premiums in the fixed size according to the procedure established by the legislation on taxes and fees (Item 1 of Article 28).

According to the subitem 2 of Item 1 of article 419 of the Tax Code of the Russian Federation payers of insurance premiums the individual entrepreneurs who are insurers according to the Federal Laws on specific types of compulsory social insurance, lawyers, mediators, notaries who are engaged in private practice, the arbitration managers, appraisers, patent agents and other persons who are engaged in accordance with the established procedure in private practice are recognized.

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