On behalf of the Russian Federation
of May 26, 2015 No. 11-P
On the case of check of constitutionality of part 5 of article 12 of the Federal law "About Social Guarantees to Employees of Some Federal Executive Bodies and Modification of Separate Legal Acts of the Russian Federation" in connection with the claim of the citizen T. N. Shayeshnikova
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 5 of article 12 of the Federal law "About Social Guarantees to Employees of Some Federal Executive Bodies and Modification of Separate Legal Acts of the Russian Federation".
Reason for consideration of the case was the claim of the citizen T. N. Shayeshnikova. 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 declarant.
Having heard the message of the judge-speaker S. M. Kazantsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 5 of article 12 of the Federal Law of December 30, 2012 No. 283-FZ "About social guarantees to employees of some federal executive bodies and modification of separate legal acts of the Russian Federation" in case of causing to the employee having special rank and serving in organizations and bodies of criminal executive system, Federal fire service of the Public fire service, drug trafficking monitoring bodies and psychotropic substances and customs authorities of the Russian Federation in connection with accomplishment of service duties of mutilation or other damage of health excluding possibility of further service in the called organizations and bodies and which entailed permanent disability the monthly monetary compensation in the amount of the lost cash allowance as of day of dismissal from service less the size of the granted disability pension with the subsequent collection judicially of paid amounts of compensation from perpetrators is paid to it; the procedure for determination of permanent disability of this employee is determined by the Government of the Russian Federation.
1.1. The citizen T. N. Shayeshnikova disputing constitutionality of the called legislative provision during service in bodies of criminal executive system of the Ministry of Internal Affairs of the USSR as the chief of planning department was traumatized on April 14, 1981 on duty. She was dismissed from service on February 17, 1999 on the basis, stipulated in Item "з" parts one of Article 58 of the Regulations on service in law-enforcement bodies of the Russian Federation approved by the Resolution of the Supreme Council of the Russian Federation of December 23, 1992 No. 4202-1 (on the limited state of health), with award of pension for long service. After dismissal to the declarant the II group of disability with indication of the disability reason - military injury is established and since February 1, 2002 the disability pension is granted. Afterwards the type of the pension received by T. N. Shayeshnikova repeatedly changed.
The decision of the Sverdlovsk district court of the city of Krasnoyarsk of May 14, 2014 left without change appeal determination of the Krasnoyarsk regional court of September 8, 2014 meets requirements of the Main Directorate of the Federal Penitentiary Service for Krasnoyarsk Krai about the termination of payment of monthly lifelong payments to T. N. Shayeshnikova in indemnification to health on the ground that she is not receiver of disability pension.
Violation by part 5 of article 12 of the Federal law "About Social Guarantees to Employees of Some Federal Executive Bodies and Modification of Separate Legal Acts of the Russian Federation" of the rights guaranteed by Articles 19 (part 1), 39 (parts 1 and 2), 45 (part 1), 46 (part 1) and 55 Constitutions of the Russian Federation, T. N. Shayeshnikova sees that this legislative provision deprives of the right to monthly monetary compensation of persons, dismissed from service in bodies of criminal executive system, - the disabled people owing to military injury receiving long-service pension.
1.2. As appears from Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation according to the claim of the citizen to violation of its constitutional rights and freedoms are checked by constitutionality of the legislative provisions applied in the case of the applicant whose consideration is complete in court and accepts the resolution only in the subject specified in the claim, estimating both literal sense of the considered legislative provisions, and the sense given them by official interpretation or the developed law-enforcement practice and also proceeding from their place in system of precepts of law.
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