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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 8, 2015 No. 32-P

On the case of check of constitutionality of provision of Item 5 of part 1 of article 23 of the Federal law "About Municipal Service in the Russian Federation" in connection with the claim of the citizen S. I. Fedorova

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, 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 provision of Item 5 of part 1 of article 23 of the Federal law "About Municipal Service in the Russian Federation".

Reason for consideration of the case was the claim of the citizen S. I. Fedorova. 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. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 5 of part 1 of article 23 of the Federal Law of March 2, 2007 No. 25-FZ "About municipal service in the Russian Federation" is guaranteed to the local government officer provision of pensions for long service and in connection with disability, and also provision of pensions of members of the family of the local government officer in case of his death which came in connection with execution of job responsibilities by it.

1.1. Constitutionality of the given legislative provision is disputed by the citizen S. I. Fedorova who as to person replacing position of municipal service in management of social protection of the population of administration of the Verkhneuralsky municipal district of Chelyabinsk region in 2008 in addition to work pension was granted long-service pension. Due to S. I. Fedorova's departure on the permanent residence to the city of Bryansk payment of long-service pension to her was stopped on the basis provided by the subitem 1 of Item 22 of the Regulations on procedure for appointment and pension payment for long service to persons replacing municipal positions of municipal service of Verkhneuralsky district (it is approved by the decision of the Meeting of deputies of the Verkhneuralsky municipal district of May 20, 2010 No. 43) according to which pension payment for long service stops in case of departure of the receiver of pension on the permanent residence out of limits of Chelyabinsk region.

Having counted broken the right to provision of pensions, S. I. Fedorov addressed the prosecutor of Verkhneuralsky district of Chelyabinsk region whose statement submitted for the benefit of the uncertain group of people for recognition invalid as the decision of the Meeting of deputies of the Verkhneuralsky municipal district contradicting the federal legislation of May 20, 2010 was left to No. 43 without satisfaction with the decision of Verkhneuralsky district court of Chelyabinsk region of July 20, 2012. After cancellation of this judgment regarding refusal in recognition to invalid persons replacing municipal positions of municipal service of Verkhneuralsky district, and the pronouncement of the new decision on satisfaction of requirements of the prosecutor in this part approved by the specified decision of the Meeting of deputies of the Verkhneuralsky municipal district of the Regulations on procedure for appointment and pension payment for long service of the subitem 1 of Item 22 (determination of judicial board on civil cases of the Chelyabinsk regional court of January 29, 2013) payment of long-service pension to S. I. Fedorova was resumed in the place of its permanent residence in the city of Bryansk. However since April 1, 2013 this payment was again stopped in connection with entry into force of the Meeting of deputies of the Verkhneuralsky municipal district approved by the decision of December 27, 2012 No. 512 of the Regulations on appointment and pension payment for long service to persons replacing positions of municipal service of local government bodies of the Verkhneuralsky municipal district which regarding the pension payment termination bases for long service reproduces the former, recognized as court invalid, legal regulation (the subitem of 1 Item 22).

The subsequent appeal of S. I. Fedorova to court of law with the requirement about recognition invalid the subitem 1 of Item 22 of the Provision approved by the decision of the Meeting of deputies of the Verkhneuralsky municipal district of December 27, 2012 No. 512, did not allow it to achieve pension payment renewal for long service: the decision of Verkhneuralsky district court of Chelyabinsk region of August 1, 2013 left without change appeal determination of judicial board on administrative cases of the Chelyabinsk regional court of October 31, 2013, S. I. To Fedorova it was refused satisfaction of this requirement with reference to the fact that the long-service pension granted to local government officers is the collateral security provided at the expense of means of the local budget and therefore local government body, being guided by the principle of independence of the budgets having the right to publish the municipal legal acts establishing and changing procedure and conditions of purpose of such payments proceeding from own financial opportunities. The Supreme Court of the Russian Federation which did not see the bases for review of the specified court decrees in cassation procedure also agreed with the given arguments of Trial and Appeal Courts (determination of April 1, 2014).

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