DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 3, 2006 No. 486-O

According to the claim of the citizen Bezuglova Tamara Petrovna to violation of its constitutional rights Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, A.YA. Plums, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having heard the conclusion of the judge N. S. Bondar who was carrying out preliminary studying of the claim of the citizen T. P. Bezuglova based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:

1. The subitem 7 of Item 3 of article 1 of the Federal Law of July 7, 2003 N118-FZ "About modification and amendments in the Federal Law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" from Item 8 of article 12 of the called Federal Law providing that to persons having the right to the insurance payments in case of death insured the amount of monthly insurance payment is estimated proceeding from its average monthly earnings received by it during lifetime of pension, the perpetual maintenance and other similar payments less the shares falling on him and the able-bodied persons which were consisting in its dependence, but not having the rights to insurance payments were excluded words of "the received by it during lifetime of pension, perpetual maintenance and other similar payments".

In the claim in the Constitutional Court of the Russian Federation the citizen T. P. Bezuglova disputes constitutionality of Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" in the specified edition.

As appears from the provided materials, the declarant - the wife of the died miner recognized as the disabled person owing to occupational disease who received monthly insurance payment and work pension and did not work by day of death which came owing to occupational disease - is receiver of work pension which size is lower than the benefits amounts which were due to her husband. The Shakhty city court of the Rostov region where T. P. Bezuglova requested factual determination of stay dependent on the died husband and confirmation of its right to insurance payments, the decision of February 8, 2006 left without change by judicial board on civil cases of the Rostov regional court refused purpose of monthly insurance payment in connection with the death of the husband. Courts recognized that, in sense of Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" (in edition of the Federal Law of July 7, 2003 of N118-Federal Law) in interrelation with other its regulations, the right to insurance payments in case of death insured as a result of loss occurrence the disabled persons which were consisting dependent on the dead or having by day of his death the right from it to content, and dependence disabled have it is supposed only in cases when to its constants and the main source of existence earnings insured for death moment were. Respectively, only earnings, but not any other payments, including insurance indemnity, can be considered as the income taken into account in case of the solution of question of stay disabled dependent on the dead.

The declarant believes that change of edition of Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" interferes with receipt of monthly insurance payment by disabled spouses as dependents of the dead insured to which insurance payments were paid and which at the time of death did not consist in employment relationships. Such legal regulation, in her opinion, leads to violation of the constitutional principle of equality of all before the law as spouses of N118-FZ which were not working insured, died before entry into force of the Federal Law of July 7, 2003, unlike spouses insured, the specified changes which died after entry into force, are recognized receivers of the corresponding monthly money payment, contradicts the principle of inadmissibility of the publication of the laws canceling or diminishing rights and freedoms of man and citizen and by that contradicts the Constitution of the Russian Federation, its Articles 2, of 19, of 37, 39 and 55.

2. The question raised in the claim of the citizen T. P. Bezuglova got the permission in Determination of the Constitutional Court of the Russian Federation of October 3, 2006 of N407-O according to claims of citizens M. K. Vandaryeva, N. A. Zhurby, V. A. Kondrashova and Z. I. Marchenko to violation of their constitutional rights Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases".

In this Determination the Constitutional Court of the Russian Federation specified the following.

The provision of Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" as in the place in structure of this Federal Law (it is enshrined in Article which is called "The amount of monthly insurance payment"), and on the normative content is directed to establishment only of procedure for calculation of the amount of monthly insurance payment and does not determine event with which the federal legislator connects possibility of obtaining by persons of insurance payments called in this Federal Law, circle of persons of law on their obtaining. Providing that the legal regulation containing in it concerns to persons having the right to insurance payments in case of death insured Item 8 of Article 12 addresses law enforcement officials to the provisions fixing circle of appropriate subjects and condition of acquisition of right of this right which contain in article 7 of this Federal Law.

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