DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 26, 1997 No. GKPI97-393

The legal acts limiting in comparison with regulations of the Civil Code of the Russian Federation the amount of indemnification by the serviceman who became disabled people owing to the Chernobyl catastrophic crash, the sizes of two pensions or long-service pension received by them according to the Law of the Russian Federation "About national pensions in the Russian Federation" according to the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies and their families" (the disability pension increased by the amount of the minimum size) are invalid

The Supreme Court of the Russian Federation on behalf of the judge

Supreme Court of the Russian Federation                                            of Fedin A. M.

in case of                                                                   Bogatko L. N. secretary.

with participation                                                              of the prosecutor Fedotova A. V.

Having considered in proceeding in open court civil case according to the claim of the chairman of the board of city public organization "Chernobyl" of Orenburg Boklin N. A. on the item 4 explanations of the Ministry of Labour and social development of the Russian Federation N1 of October 9, 1996, established:

The resolution of the Minister of labor and social development of the Russian Federation N 3 of October 9, 1996 approves explanation "About payment procedure of sums of money in indemnification in the amount of earnings (or its corresponding part) depending on extent of disability to the citizens who were injured owing to the Chernobyl catastrophic crash".

This regulation of the Ministries is registered in the Ministry of Justice of the Russian Federation on October 14, 1996 of N1176 and officially published.

Chairman of the board of city public organization "Chernobyl" of Orenburg Boklin N. A. appealed to the Supreme Court of the Russian Federation with the claim in which raised question of recognition invalid the last (second) paragraph of item 4 of the given explanation of the Ministries of Labour and social development of the Russian Federation providing that at the request of these citizens (specified in the first paragraph of the item 4) to them one pension (on disability, on old age, on the occasion of loss of the supporter or for long service) estimated under the Law RSFSR "About national pensions in RSFSR" and harm compensation amount can be paid.

At the same time the applicant referred to the fact that the explanation in the specified part violates the rights it and other persons from among the military personnel who became disabled people owing to the Chernobyl accident, receiving more than one pension according to the Law of the Russian Federation "About national pensions in the Russian Federation" or long-service pension according to the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies and their families" in the increased size on the amount of the minimum size of disability pension the right to indemnification or the right to simultaneous indemnification and receipt of the specified pensions in full.

Besides Boklin N. A. raised question of payment of compensation amounts of harm (adoption of this requirement to production of the Supreme Court of the Russian Federation it is refused in connection with incompetence to its this court.

Having heard explanations of the representative of the Ministry of Labour and social development of the Russian Federation Timoshenkov N. I., objecting to grievance settlement, having researched written proofs and, having listened to the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation. Fedotova A. V., the applicant believing the claim reasonable, the Supreme Court of the Russian Federation finds Boklin N. A. claim. subject to satisfaction on the following bases.

The second paragraph of item 4 of the stated above explanation of independent value disputed by the applicant has no and cannot be considered irrespective of provision of the first paragraph of this Item providing that to pensioners from among the military personnel and to the persons equated to them on provision of pensions which became disabled people owing to the Chernobyl catastrophic crash in case of fulfillment of duties of military service, to their families and receiving more than one pension - old-age pensions (for long service), on the occasion of loss of the supporter and disability pension according to the Law of the Russian Federation "About national pensions in the Russian Federation", or long-service pension according to the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies and their families" in the increased size on the amount of the minimum size of disability pension, payment of compensation amounts of harm is not made.

Concerning these category of the military personnel 4 explanations contain in the second paragraph of the item appealed by the applicant the restriction allowing possibility of payment of harm compensation amounts to them only on condition of obtaining by these persons of one pension estimated under the Law of the Russian Federation "About national pensions in the Russian Federation".

Thus, and the restriction in essence provided in the second paragraph of the item 4 explanations is caused by the general restriction of specified persons containing in paragraph one of this Item in the right to indemnification.

Therefore the court considers necessary to be beyond declared by Boklin N. A. requirements and to check reality of provisions of all item 4 (paragraphs 1 and 2) explanations.

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