Veterans seek justice and protect the interests of the Armed Forces. An open letter to the President of Russia
Commander-in-Chief of the Armed Forces
Russian Federation
PUTIN Vladimir Vladimirovich
Comrade Supreme Commander-in-Chief of the Armed Forces of the Russian Federation!
Dear Vladimir Vladimirovich!
We, pensioners of the Ministry of Defense of the Russian Federation and persons equivalent to them, appeal to you in connection with the systematic violation by the legislators, the Government of the Russian Federation of item XXUMX, item XXUMX of the Constitution of the Russian Federation and discrimination of military personnel, pensioners on the basis of our social service.
Legal justification.
1. Federal Law 19.12.2016-FZ of 430 "On the suspension of the second part of Article 43 of the Law of the Russian Federation" On the pension provision of persons serving in the military, serving in the internal affairs bodies, the State Fire Service, the control bodies for the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the Federal Service of Forces of the National Guard of the Russian Federation, and their families "in connection with the Federal Law" On the Federal Budget for 2017 year and for the planned period The 2018 and 2019 years were suspended until January 1 of 2018. The following rules for the provision of pensions to individuals who served in the military service, police department, drug control agencies, Rosguards, and their families were suspended:
- the money allowance is taken into account when calculating pensions from 1 in January 2012 in the amount of 54% and from 1 in January 2013 increases annually by 2% until reaching 100% of its size (indexation);
- taking into account the level of inflation (consumer prices), the Law on the Federal Budget indicated the annual increase may be established for the next fiscal year in an amount exceeding 2%.
As a result of the suspension of the above-mentioned actions in 2017, the state’s guarantee for protecting the soldiers ’money allowance from depreciation has not been fulfilled for the past five years (2013-2017gg), that is, for the entire duration of the Federal Law 07.11.2011 No. 306-ФЗ" On the monetary allowance of servicemen and the provision of separate payments to them. "
However, the “freezing” of pension indexation and the introduction of a reduction factor taken into account when calculating pensions did not apply to the following categories of military retirees, including their family members (paragraph 6, article 12 FZ from 08.11.2011 No. 309-FZ):
- Judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts;
- prosecutors (including military personnel of the military prosecutor's office);
- employees of the Investigative Committee of the Russian Federation (including the military investigating authorities of the Investigative Committee of the Russian Federation);
- federal state civil servants.
Such selectivity of legislators, the Government of the Russian Federation with regard to military pensioners and persons equal to them, to limit our rights, violates the principle of equality established by Article 19 of the Constitution of the Russian Federation and Resolution of the Constitutional Court of the Russian Federation No. 16.06.2007-P 12, where it is said - "In the field of pension Ensuring compliance with the principle of equality means, among other things, the prohibition to introduce non-objective and reasonable justification for differences in the pension rights of persons belonging to the same category (prohibition of different treatment of persons with in similar or similar situations). "
In addition, such “innovations” do not fully comply with the provisions of paragraph 2, article 4 of the Constitution of the Russian Federation (“The Constitution of the Russian Federation and federal laws have supremacy over the entire territory of the Russian Federation”) and article XXUMX of the Federal Constitutional Law No. 6-FKZ of 21.07.1994 (as amended by 1) "On the Constitutional Court of the Russian Federation" ("Decisions of the Constitutional Court of the Russian Federation are binding throughout the Russian Federation for all representative, executive and judicial bodies of state power, local governments, enterprises, institutions organizations, officials, citizens and their associations ").
In accordance with Article 2 and 6 of the Federal Law 27.05.2003-FZ No. 58-FZ (as amended by 23.07.2016) “On the system of state service of the Russian Federation”, military service is included in the system of federal state service and is a type of state service. The system of federal state service includes: state civil service, military service, and other types of state service.
If this system of public service, then why is it not complying with the principle of equality in pensions established by Art. 19 of the Constitution of the Russian Federation and the Resolution of the Constitutional Court of the Russian Federation No. 16.06.2007-P No. 12?
Why are legislators, the government of the Russian Federation various restrictions in the form of a reduction factor; lowering the percentage of years of service and tariff categories; the establishment of only one additive that is taken into account when calculating the pension; suspension of pension indexation applies with 2012-2013. only to military men and persons equal to them?
It follows from the meaning of the aforementioned legislative acts that such restrictions should be fully applied to federal civil servants of the Presidential Administration and the Government of the Russian Federation, people's deputies of the federal level, officials of various state corporations.
However, when the Decree of the President of the Russian Federation on 02.08.2012 No. 1100 “On Improving the Remuneration of Federal Civil Servants of the Presidential Administration of the Russian Federation” increased the federal government civil servants and equated them to the military, the lawmakers “forgot” to apply a reduction factor to them to calculate pensions, as well as for military investigators, prosecutors, judges, and this despite the fact that we all belong to the same type of federal public service .
If, in accordance with paragraph 1, article 7 of the Constitution of the Russian Federation, we live in a social state, then where is the justice? Why such stratification and selectivity in the application of the pension formula in the same group of federal civil servants?
In this case, we believe that the legislators, the Government of the Russian Federation, have grossly violated Section 2, Article 19, of the Constitution of the Russian Federation, where it says “The state guarantees equality of rights and freedoms of a person and citizen, regardless of gender, race, nationality, language, origin, property and official position , place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances.Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious grounds is prohibited. nadlezhnosti ".
2. In accordance with Art. 43 of the RF Law No. 12.02.1993-4468 of 1 (as amended by 03.07.2016, as amended by 19.12.2016) "On the pension coverage of persons serving in the military, in the internal affairs bodies, in the State Fire Service, in the control bodies for trafficking in narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the Federal Service of the National Guard of the Russian Federation, and their families "(as amended and added, entered into force with 01.01.2017), when calculating the pension for military personnel and equivalent to them persons for long service, are counted about way of military post, the salary for military rank (excluding salary increases for service in remote, mountainous areas and in other special circumstances) and only one monthly premium (for longevity - length of service). Other allowances received by military personnel for maintenance during military service are not taken into account (they are not taken into account).
However, since January 1 2017 of the year, in accordance with paragraph 2 and paragraph 3 of the Decree of the Government of the Russian Federation No. 17.10.2009 from 818 (as amended by 09.08.2016) "On Approval of the Rules for Determining Average Monthly Earnings, from which the amount of pension for long years of federal public civil servants "the size of their pension for long service, calculated from their average monthly earnings.
To determine the average monthly wage, the cash allowance of civil servants is taken into account, consisting of the following payments:
- Monthly salary of a civil servant in accordance with the class rank of the federal state civil service assigned to him;
- Monthly supplement to the salary for long service on the federal state civil service;
- The monthly allowance to the official salary for the special conditions of the federal state civil service;
- The monthly percentage allowance to the official salary for working with information constituting a state secret;
- monthly cash incentives;
- awards for the performance of particularly important and complex tasks;
- a lump sum payment in the provision of annual paid leave and material assistance paid at the expense of the wage fund of civil servants.
In addition, other payments provided for by the relevant federal laws and other regulatory legal acts are also taken into account.
In other words - the retirement pension for civil servants is calculated from the total of their income, from all payments received by them during the passage of public service.
If military service is part of a unified system of federal public service, then why for military personnel and persons equivalent to them, when calculating pensions, only one monthly allowance is taken into account, and for federal state civil servants all multiple allowances to earnings are taken into account?
In this case, the legislators, the Government of the Russian Federation, have violated the principle of equality in the field of pensions, prohibiting the introduction of differences in the pension rights of persons belonging to the same category without an objective and reasonable justification (prohibition of different treatment of persons in similar or similar situations) "established by the Resolution of the Constitutional Court of the Russian Federation No. 16.06.2007-P of 12. And the decisions of the Constitutional Court of the Russian Federation are binding throughout the Russian Federation, for all representative, executive and judicial authorities, local authorities.
It seems that the security of our country is somewhere in the background.
3. Federal Law No. 15.12.2001-ФЗ from 166 (as amended by 03.07.2016) "On State Pension Provision in the Russian Federation" (as amended and added, entered into force with 01.01.2017), in accordance with the Annex "State Civil Service, experience of municipal service for assignment of pensions for long service "(Table No. 1), lawmakers, for federal civil servants, established a ten-year process of transition to a single length of civil service (20 years) in the system of federal civil service, allowing them to receive (assign) pensions behind long service.
This means that the amount of the established minimum length of service required to receive a seniority pension for federal state civil servants (20 years) is equal only after 10 years with the minimum length of service required for receiving a seniority pension set by law for military personnel and persons equal to it (20 years).
This innovation allows federal civil servants, despite the economic and financial difficulties of the state, to retain the right to receive their high pensions and earlier retirement for years that 10 and military servicemen and persons equivalent to them cannot afford.
The question is, why should federal state civil servants receive a pension earlier (by 5 years!) Than military retirees? Is the risk of life, the deprivation of service, the complexity of work and the responsibility in the quietness of the offices they have higher than that of the military?
The same law (FZ from 15.12.2001 No. 166-FZ) also establishes the federal state civil servant a percentage of the pension received depending on the length of service of the civil service (Table No. 2).
Experience of the state civil (municipal) service for assignment of pensions for years of service
It follows from the table that federal civil servants both received and will continue to receive higher pensions (from 60 to 51%) for five years with public service in 20 years than is established by law for military personnel and their peers persons (for 20 years of service - 50%).
And finances for this are always in the federal budget. But how then can we understand the numerous appeals to the people of state authorities and their representatives about the observance of economy, the need to reduce social guarantees, the tightening of belts, the abolition of pensions for working pensioners, etc.? Why does all this not apply to federal civil servants?
It turns out that the most difficult and intense public service of federal civil servants and, therefore, they are more protected in social terms than military personnel and persons equivalent to them.
But the legislators, the Government of the Russian Federation, are well aware that persons performing military service perform constitutionally significant functions, which determine their special legal status, as well as the content and nature of state responsibilities in relation to them.
The need for military personnel to perform assigned tasks in any conditions, including those with significant risks to life and health, entails the obligation of the state to guarantee these individuals special social protection that complies with their special status established by the legislation of the Russian Federation. But in fact it turned out the opposite.
4. Federal law on 07.11.2011 N 306-FZ (as amended by 19.12.2016) "On the monetary allowance of military personnel and the provision of separate payments to them" section 13, Art.2, sets monthly allowances for the salaries of military personnel, which begin to operate only after 2 years of service.
At the same time, in accordance with Federal Law No. 27.07.2004-FZ No. 79-FZ (as amended by 03.07.2016, as amended by 19.12.2016) “On the Civil Service of the Russian Federation” (as amended and added, came into force with 01.01.2017 a) the monthly allowance to the official salary for long service in the civil service begins to operate already from the 1 service year (clause 1, item 5, item 50).
Why should military personnel receive this surcharge only after 2 years of service? Do they not perform military service before this time, do not carry combat duty, do not take part in military conflicts, and cannot die there? Does this mean that the servicemen for the first two years of their service are exempt from the words of the oath - "... I swear to fulfill the military duty with dignity, bravely defend freedom, independence and the constitutional order of Russia, the people and the Fatherland"?
5. The RF Government Decree 21.12.2011 No. 1073 “On the Procedure for Paying a Monthly Premium for Special Conditions of Military Service to Soldiers Undergoing Military Service under the Contract”, paragraph 3 p. A) sets the maximum amount of payment of the monthly allowance for special conditions of military service to 100% of the monthly salary according to the military position held.
And by the Federal Law on 27.07.2004 No. 79-ФЗ (as amended by 03.07.2016, as amended by 19.12.2016) "On the Civil Service of the Russian Federation" (as amended and added. Entered into force with 01.01.2017), paragraph 2, p. 5 St. 50, Chapter 10 The monthly allowance to the official salary for special conditions of civil service is set at up to 200%.
If service in the Armed Forces is indeed a special type of federal public service, which stipulates not only the presentation of increased requirements for persons admitted to it and the establishment of legal restrictions on their rights and freedoms, but also predetermines the duty of the state by virtue of Article XXUMX ( .1), 1, 2, 7 (p.15), 1 (p.17), 3 (p.19), 2 (p.37 and 1), 3 (p.39 and 1), 2 (n .45), 1 and 59 (paragraphs "c", "m", "t") of the Constitution of the Russian Federation - to guarantee them increased social protection (Resolution of the Constitutional Court RF from 71 No. 18.03.2004-P), then why is the legislator, the Government of the Russian Federation allowed the infringement of the rights of military personnel and persons equivalent to them by setting such different sizes of the monthly allowance?
Comrade Supreme Commander-in-Chief of the Armed Forces of the Russian Federation!
Dear Vladimir Vladimirovich!
After analyzing only a few regulatory legal acts regulating the official activities of federal public civil servants for compliance with the provisions of the Constitution of the Russian Federation, decrees of the Constitutional Court of the Russian Federation, federal laws and other legislative acts of the Russian Federation in comparison with military service, we came to the following conclusions:
a) legislators and the Government of the Russian Federation, using their rights and capabilities, in the course of developing regulatory legal acts on the regulation of official and financial activities of federal public civil servants, committed direct violations of Section I2, Section XXUMX of the Constitution of the Russian Federation, Resolutions of the Constitutional Court of the Russian Federation, and other legislative acts Of the Russian Federation and put them in a much more privileged position in relation to representatives of military service.
In addition, we believe that the scope and content of the established very high social protection measures for civilian officials do not fully correspond to their status, nature of service, and moral and ethical standards. This is especially noticeable on the background of the size of old-age insurance pensions established by the state for ordinary citizens of Russia;
b) by their illegal actions, lawmakers, the Government of the Russian Federation, have downplayed the role and special status of military service established by the Constitution of the Russian Federation (article 1 (p. 1), 2, 7, 15 (p. 1), 17 (p. 3), 19 (p. .2), 37 (1 and 3), 39 (1 and 2), 45 (1), 59 and 71 (points "c", "m", "t"), by a Resolution of the Constitutional Court RF 18.03.2004 number 6-P and thus, allowed discrimination against military retirees and persons equivalent to them on the basis of their social identity;
c) the establishment by legislators, the Government of the Russian Federation for representatives of the federal civil service and other types of service of significantly higher social benefits and, in our opinion, exceeding reasonable limits than for representatives of military service, undermines the system of interconnection of all types of civil service, the principles of its construction and functioning established by the Federal Law of the Russian Federation on 27.05.2003 No. 58-FZ (Art. 3) and constitutes discrimination in relation to military service;
d) further tightening the adoption of appropriate measures to resolve the legal conflict that has arisen daily undermines the faith of the defenders of the Motherland, veterans and their family members towards state authorities, high command and in the justice of Russian laws, increases the extremely negative emotions that exist towards officials, and ordinary citizens - causes reluctance to send their sons to serve in the army. Since they see that being an “effective manager” is more profitable and prestigious than defending their homeland;
e) in no way diminishing the significance of the tasks performed by federal state civil servants, we at the same time believe that the social guarantees established by the state for them and representatives of the military service do not fully correspond to the complex financial and economic situation in the country, capabilities of the state and their content do not meet the requirements for a unified system of the federal public service and, therefore, require adjustment.
Taking into account the above, guided by the provision of the Constitution of the Russian Federation (Art. 33) - where it is stated that "citizens of the Russian Federation have the right to apply in person, as well as to send individual and collective appeals to state bodies and local governments", in order to prevent further violation of the provisions of the Constitution Of the Russian Federation and elimination of legal collisions - we ASK:
1. Organize legal due diligence of previously adopted normative legal acts regulating the official activities of federal state civil servants, military personnel and persons equivalent to them for their compliance with the provisions and norms of the Constitution of the Russian Federation, Decrees of the Constitutional Court of the Russian Federation, other legislative acts and special legislation established for them by the legislation of the Russian Federation status and nature of service.
2. To obligate, if necessary, the relevant state authorities to prepare and make the necessary changes (additions) to the regulatory legal acts.
3. Take measures to further prevent discrimination of military service, pensioners on the basis of social belonging to military service.
Comrade Supreme Commander-in-Chief of the Armed Forces of the Russian Federation!
To contact you through this media has led us to the fact that at the moment we do not see any other way and opportunity to influence the situation.
In addition, by pointing to specific law-making conflicts, we did not in any way want to incite hatred and enmity, as well as to allow the diminution of dignity in relation to federal public civil servants.
Best regards,
retired law enforcement agencies:
G. Zavyalov, L. Grishin, V. R. Usakov,, E. Vinnitsky, V. Karabanov, A. Bunkovsky, I. Shvets.
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