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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 23, 2021 No. 54-P

On the case of check of constitutionality of Item 9 parts one of article 27.1 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" in connection with the claim of the citizen A. N. Medzhidova

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, V. G. Yaroslavtsev,

being guided by Article 125 (the part Item "and" 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 Item 9 parts one of article 27.1 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP".

Reason for consideration of the case was the claim of the citizen A. N. Medzhidova. 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 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 Item of May 15, 1991 No. 1244-1 "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" the right to monthly money payment the children and teenagers aged up to 18 years living in zone of settling out and zone of accommodation with the right to settling out, evacuated and moved from exclusion zones, settling out, accommodation with the right to settling out including those which on the date of evacuation were in pre-natal condition, and also children of the first and the subsequent generations of the citizens specified in Items 1, of 2, 3 and 6 parts one of article 13 of this Law which were born after radiation exposure owing to the Chernobyl catastrophic crash of one of parents have 9 parts one of article 27.1 of the Law of the Russian Federation.

1.1. Constitutionality of the given legislative provision is disputed by the citizen A. N. Medzhidova who appealed to the Constitutional Court of the Russian Federation for the benefit of the minor daughter A. S. Medzhidova.

As appears from the claim and the materials attached to it, A. N. Medzhidova is daughter of N.R.-G. of Nasrutdinov who in 1987 was taking part in works on recovery from the accident on the Chernobyl NPP and further recognized as the disabled person owing to the Chernobyl catastrophic crash. On July 3, 2019 she gave birth to the daughter who N.R.-G. is necessary Nasrutdinov the granddaughter and, so is child of the second generation in relation to the citizen belonging to the category of disabled people owing to the Chernobyl catastrophic crash. In August of the same year A. N. Medzhidova addressed to territorial authority of the Pension Fund of the Russian Federation with the statement for establishment of her daughter of monthly money payment according to the disputed legislative provision, however was refused with reference to non-presentation of the documents testimonial of radiation exposure of one of the child's parents.

In November, 2019 A. N. Medzhidova addressed to regional public organization of disabled people and veterans "the Union Chernobyl" the Republics of Dagestan with request to protect in court the rights and legitimate interests of her daughter. The called organization showed to territorial authority of the Pension Fund of the Russian Federation the claim for recognition illegal decisions on refusal to establish monthly money payment of minor A. S. Medzhidova as to the disabled Chernobyl veteran's granddaughter, about assignment on the defendant of obligation in establishment of this payment and about collection of the formed debt.

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