On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 4, 2022 No. 40-P

On the case of check of constitutionality of Item 17 of part 1 of article 30 of the Federal law "About Insurance Pensions" and articles 12 and 13 of the Federal law "About Special Assessment of Working Conditions" in connection with the claim of the citizen of I. V. Glushchenko

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

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 17 of part 1 of article 30 of the Federal law "About Insurance Pensions" and articles 12 and 13 of the Federal law "About Special Assessment of Working Conditions".

Reason for consideration of the case was the claim of the citizen of I. V. Glushchenko. 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 declarant of legislative provision.

Having heard the message of the judge-speaker A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Owing to Item 17 of part 1 of article 30 of the Federal Law of December 28, 2013 "About insurance pensions" the insurance pension on old age is granted to No. 400-FZ before achievement of age, stipulated in Clause 8th this Federal Law, in the presence of the size of individual pension coefficient in the amount of at least 30 men on reaching 55 years and to women on reaching 50 years if they were engaged at works with convicts as workers and employees of the organizations performing criminal penalties in the form of imprisonment respectively at least 15 years and 10 years and respectively at least 25 and 20 years have insurance years of service.

Article 12 of the Federal Law of December 28, 2013 No. 426-FZ "About special assessment of working conditions" provides the following.

All harmful and (or) dangerous production factors which are identified according to the procedure established by this Federal Law, are subject to researches (testing) and measurements. The list of these factors is created by the commission on carrying out special assessment of working conditions proceeding from the state normative requirements of labor protection, characteristics of engineering procedure and production equipment, the applied materials and raw materials, results of earlier conducted researches (testing) and measurements of these factors, and also proceeding from proposals of workers.

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