On behalf of the Russian Federation
of February 10, 2015 No. 1-P
On the case of check of constitutionality of part 6 of article 43 of the Federal law "About Police" in connection with the claim of the citizen P.F. Yukhimenko
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,
being guided by Article 125 (part 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 part 6 of article 43 of the Federal law "About Police".
Reason for consideration of the case was the claim of the citizen P.F. Yukhimenko. 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 applicant.
Having heard the message of the judge-speaker S. M. Kazantsev, having researched the submitted documents and other materials, including written responses of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov and the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the Constitutional Court of the Russian Federation
1. According to part 6 of article 43 of the Federal Law of February 7, 2011 No. 3-FZ "About police" in case of causing to the police officer in connection with accomplishment of service duties of mutilation or other damage of health which are excluding possibility of further service in police and entailed permanent disability is paid to it monthly monetary compensation in the amount of the lost cash allowance as of day of dismissal from service in police less the size of the granted disability pension with the subsequent collection of paid amounts of compensation from perpetrators.
1.1. The citizen P.F. Yukhimenko disputing constitutionality of the called legislative provision, being employee of law-enforcement bodies, on March 2, 2007 got craniocereberal injury in case of accomplishment of service duties, however continued service up to dismissal on November 8, 2011 from position of the deputy commander for personnel and educational work of detached battalion of traffic police of traffic police of Regional Office of the Ministry of Internal Affairs of Russia for the Lipetsk region on reaching age limit of stay on service with award of pension for long service. On March 11, 2012 this basis of dismissal is changed to dismissal due to illness as according to the conclusion of the military-medical commission of medical and sanitary part of Regional Office of the Ministry of Internal Affairs of Russia for the Lipetsk region of February 24, 2012 No. 368 the craniocereberal injury got by P.F. Yukhimenko was recognized as military. On April 24, 2012 Item F. Yukhimenko was established disability of III group owing to military injury with loss of professional working capacity that entailed increase in the size of the long-service pension granted to it taking into account the Item "and" of article 16 of the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances, organizations and bodies of criminal executive system, and their families".
P.F. Yukhimenko claims about collection from Regional Office of the Ministry of Internal Affairs of the Russian Federation on the Lipetsk region were satisfied with the provided part 6 of article 43 of the Federal law "About Police" of monthly monetary compensation which purpose to it it was refused on the ground that he is not receiver of disability pension, the decision of the Soviet district court of the city of Lipetsk of May 20, 2013 partially. The resolution of the Trial Court is cancelled by appeal determination of judicial board on civil cases of the Lipetsk regional court of July 22, 2013 which legality and justification is confirmed with superior courts (including the Supreme Court of the Russian Federation). On case the new decision by which satisfaction of the claim of P.F. Yukhimenko it is refused completely is decided.
Violation by part 6 of article 43 of the Federal law "About Police" of the rights guaranteed by Articles 19 (parts 1 and 2), 39 (part 1) and 55 (part 3) sees Constitutions of the Russian Federation, P.F. Yukhimenko that this regulation allows to refuse payment to the monthly monetary compensation provided by it to the employee of law-enforcement bodies who became the disabled person owing to military injury on only that basis that he is receiver of long-service pension, but not disability pensions.
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