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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 16, 2007 No. 12-P

On the case of check of constitutionality of Items 9 and 10 of article 7 of the Law of the Nizhny Novgorod Region "About long-service pension to persons replacing the state positions of the Nizhny Novgorod Region" in connection with the claim of the citizen N. D. Pirozhkov

Constitutional court of the Russian Federation as a part of the chairman - the judge N. V. Melnikov, judges Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, V. D. Zorkin, S. M. Kazantsev, M. I. Kleandrov, N. V. Seleznyov, O. S. Hokhryakova,

with participation of the citizen K. D. Pirozhkov and the representative of the Governor of the Nizhny Novgorod Region - Candidate of Law Sciences T. L. Zhivulina,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of provisions of Items 9 and 10 of article 7 of the Law of the Nizhny Novgorod Region "About long-service pension to persons replacing the state positions of the Nizhny Novgorod Region".

Reason for consideration of the case was the claim of the citizen N. D. Pirozhkov. 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 applicant of legislative provision.

Having heard the message of the judge-speaker O. S. Hokhryakova, explanation of agents of the parties, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to Items 9 and 10 of article 7 of the Law of the Nizhny Novgorod Region of June 24, 2003 "About long-service pension to persons replacing the state positions of the Nizhny Novgorod Region" (editions of the Law of the Nizhny Novgorod Region of May 6, 2005 of N43-Z) in the years of service of substitution of the state positions of area granting the right to award of pension for long service join the periods of substitution of positions of heads, specialists and employees, the elective offices held on permanent basis till December 31, 1991 in state governing bodies in the territory of RSFSR, and also the work periods in regional committees, regional committees, district committees, district committees, city town committees of batch and their devices, on positions in Communist Party committees of state governing bodies in the territory of RSFSR till March 14, 1990 (day of enforcement of new edition of article 6 of the Constitution (Fundamental law) of the USSR), excepting the work periods on positions in Communist Party committees at the companies, in the organizations and organizations.

With reference to the called provisions of this Law of the Nizhny Novgorod Region by which rules long-service pensions are established also by the local government officer in the Nizhny Novgorod Region the commission of General Court and the Government of the Nizhny Novgorod Region to destination did not include long-service pension in years of service of municipal service of the citizen N. D. Pirozhkov replacing different municipal positions of municipal service in the Nizhny Novgorod Region and in October, 2005 left in connection with retirement on age, the work periods from 1977 to 1991 in the territory of the Turkmen SSR party bodies and state governing bodies and due to the lack of required 15-year years of service refused to it award of pension for long service.

The prosecutor of the Nizhny Novgorod Region in connection with N. D. Pirozhkov's claim to violation of its pension rights appealed to the Nizhny Novgorod regional court with the statement for recognition of Items 9 and 10 of article 7 of the Law of the Nizhny Novgorod Region "About long-service pension to persons replacing the state positions of the Nizhny Novgorod Region" invalid as the Federal Laws contradicting requirements and the Agreement of the State Parties of the CIS of March 13, 1992 "About guarantees of the rights of citizens of the State Parties of the Commonwealth of Independent States in the field of provision of pensions". The judicial board on civil cases of the Nizhny Novgorod regional court the decision of October 18, 2005 granted the application of the prosecutor of the Nizhny Novgorod Region, however the Judicial board on civil cases of the Supreme Court of the Russian Federation determination of February 22, 2006 cancelled this decision and passed the new decision by which satisfaction of requirements of the prosecutor of the Nizhny Novgorod Region it is refused.

According to N. D. Pirozhkov, the disputed legislative provisions, without allowing offsetting in the years of service necessary for award of pension for long service by the local government officer in the Nizhny Novgorod Region, the work periods in the USSR in state governing bodies and in party bodies in the territory of others, in addition to RSFSR, federal republics, - while such periods are subject to accounting in case of calculation of years of service for award of pension for long service by the federal civil servant, and also are considered in case of award of pension for long service or monthly surcharge to work pension to civil servants (local government officer) in other subjects of the Russian Federation, violate its rights guaranteed by articles 19 and 39 of the Constitution of the Russian Federation and contradict requirements of its Articles 15 (part 4) and 76 (part 5).

Thus, subject of consideration of the Constitutional Court of the Russian Federation of this case are provisions of Items 9 and 10 of article 7 of the Law of the Nizhny Novgorod Region "About long-service pension to persons replacing the state positions of the Nizhny Novgorod Region" as providing inclusion in the years of service of substitution of positions of the public civil service of area (municipal positions of municipal service in the Nizhny Novgorod Region) granting the right to award of pension for long service, the work periods in state governing bodies in the USSR till December 31, 1991 and in party bodies and their devices till March 14, 1990 only in the territory of RSFSR.

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