In 2012, pensions for retired and reserve servicemen were raised. In accordance with the decision made then, they had to grow by two percent annually until they reach the size established by law. But these obligations are not fulfilled by the state, and unrestrained price increases, inflation ate even previously made allowances. Lawmakers and the government systematically violated the paragraph 2 Art. 19 Constitution of the Russian Federation. In fact, it is a question of discrimination of pensioners on the basis of social belonging to military service.
The law determined that from January 1 2012 the monetary allowance is taken into account when calculating pensions in the amount of 54 percent of salary, and from January 1 2013 will increase annually by two percent to achieve 100 percent of its size (indexation).
The hardships and hardships of the offices
The law “On the federal budget for 2017 year and for the planned period of 2018 and 2019” made earlier decisions suspended until January 1 of 2018. But there is no guarantee that pension sanctions will not last longer. That also applies to those who served in the Armed Forces, the Department of Internal Affairs, the State Border Service, drug control agencies, institutions and bodies of the penal enforcement system, the Russian Guard and the families of these people.
In part, it is possible to understand state officials: anti-Russian sanctions, falling production, problems with tax collection. But then the burden should be borne by all pensioners. However, some people were in a privileged position. The freezing of indexation and the introduction of a reduction factor did not affect the following categories of military pensioners, including their family members:
judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts;
prosecutors (including from the military prosecutor’s office);
employees of the Investigative Committee of the Russian Federation (including the military investigating authorities of the RF IC);
federal government civil servants.
Such selectivity of legislators, the government of the Russian Federation in respect of military retirees and persons equal to them violates the principle of equality, established by Art. 19 of the Constitution of the Russian Federation and the Resolution of the Constitutional Court of the Russian Federation on 16 of June 2007 of the year No. 12-P, where it says: “In the sphere of pensions, compliance with the principle of equality means, among other things, the prohibition to introduce the rights of persons belonging to the same category (prohibition of different treatment of persons in the same or similar situations) ”. But the decisions of the Constitutional Court are binding throughout the Russian Federation for all representative, executive and judicial authorities, local governments, enterprises, institutions, organizations, officials, citizens and their associations.
Why do legislators and the government of the Russian Federation have different restrictions in the form of a reduction factor, a decrease in percentage rates for years of service and tariff discharges, the establishment of only one supplement taken into account when calculating pensions, and the suspension of indexations are applied to 2012 – 2013 only for military personnel and their equivalent?
From the letter of legislative acts, it follows that such restrictions should be fully applied to the federal state civil servants of the presidential administration and the government of the Russian Federation, people's deputies of the federal level, and officials of state corporations. However, this is not. Moreover, the decree of the President of the Russian Federation on 2 August 2012 of the year No. 1100 “On improving the remuneration of federal state civil servants of the Presidential Administration of the Russian Federation” increased the federal government civil servants and equated them with the money. At the same time, lawmakers “forgot” to apply a reduction factor to them for calculating their pensions, as, incidentally, for military investigators, prosecutors, judges. And this is despite the fact that all of these categories belong to the same type of federal state service. Discrepancy!
Correctly veterans pose a question in a letter to the Supreme Commander, President Vladimir Putin: if, in accordance with paragraph 1 Art. 7 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, the lawmakers, the government of the Russian Federation, grossly violated Section 2 Art. 19 of the Constitution of the Russian Federation, where it says: “The state guarantees equality of rights and freedoms of a person and a citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, belief, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited. ”
In accordance with Art. 43 of the RF Law of 12 February 1993 of the Year No. 4468-1 (as amended by 3 July 2016, as amended by 19 December 2016) for controlling the circulation of narcotic drugs ... ”when calculating the pension for servicemen and persons equivalent to them for long service, salaries for military posts and military rank and only one monthly allowance (for long service) are taken into account. Other allowances for the cash content are not taken into account.
And for federal employees from 1 in January 2017 of the year in accordance with paragraph 2 and paragraph 3 of the Resolution of the Government of the Russian Federation from 17.10.2009 No. 818, the long-term pension is calculated from their average monthly earnings. To determine it, the allowance for civil servants is taken into account, consisting of the following payments:
monthly salary in accordance with the assigned rank of the federal state civil service;
monthly allowance to the official salary for long service in the federal state civil service;
monthly allowance to official salary for special conditions of service;
monthly interest rate to the official salary for work with information constituting state secrets;
monthly cash incentives;
awards for performing 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.
Other payments stipulated by the relevant federal laws and regulations are also added. In other words, a retirement pension for civil servants is calculated on the basis of their entire income.
If service in the Armed Forces is part of a unified system of federal public service, then why is only one monthly allowance taken into account when calculating pensions for military and equivalent persons, and everything for federal civilian officials? In this case, the legislators, the Russian government, have violated the principle of equality in the field of pensions, prohibiting the introduction of no objective, reasonable explanation for the differences in the rights of persons belonging to the same category established by the aforementioned decision of the Constitutional Court. And his decisions are required throughout the territory of the Russian Federation. It seems that the care of our country's defense for officials is somewhere in the background.
The law of 15.12.2001 No. 166-FZ "On State Pension Provision in the Russian Federation" in accordance with the application on calculation of length of service (table 1) for federal civil servants has established a ten-year transition process to a single length of civil service (20 years) allowing them to receive (assign) long service pensions. This means that the amount of the minimum length of service required to receive a seniority pension for federal state civil servants (20 years) will become equal to that for military personnel only after 10 years. Such a “novation” allows officials, despite the economic and financial difficulties of the state, to retain the right to high pensions and earlier access to well-deserved rest even during 10 years, which the military cannot afford. Is it possible that in the quiet of the offices there is a risk to life, to the deprivation of service, the complexity of work and the responsibility above?
By the same law (FZ from 15.12.2001 No. 166-FZ), federal civil servants set the percentage amount of the pension received depending on the length of service (table No. 2).
It follows from the 2 table that federal civil servants both received and will still have higher pensions (from 60 to 51%) over five years than the law establishes for military personnel and their equivalent (50%), with 20 years of service And the money for this is in the federal budget.
How, then, to understand the numerous appeals to the people of state authorities and their representatives about the economy, the need to reduce social guarantees, the tightening of belts, the abolition of indexation, etc.? Why doesn't all this apply to federal civil servants? It turns out, the most difficult and tense path is with them. Because of this, they are more socially protected than military personnel and persons equal to them. Although the need to perform tasks in any conditions, including those with a significant risk to life and health, entails the obligation of the state to guarantee the military special social protection. In fact, it turns out the opposite.
In the federal law of 07.11.2011 number 306-FZ "On the monetary allowance of military personnel and the provision of individual payments to them" Section 13 Art. 2 sets monthly allowances for payroll salaries, which become effective only after two years of service.
At the same time, in accordance with the law of 27.07.2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, the monthly allowance to the official salary for long service in the civil service begins to operate from the 1 year of service (paragraph 1 paragraph 5 article 50 ).
The question is: why do servicemen receive a surcharge only after two years? Do not they have combat duty before this deadline, do not take part in military conflicts and cannot die there? Does this mean that the military for the first two years of their service are exempt from the oath.
The next nonsense. The RF Government Resolution 21.12.2011 No. 1073 “On the Procedure for Paying the Monthly Allowance for Special Conditions of Military Service to Servicemen Undergoing Military Service under the Contract” sets the maximum monthly allowance to 100 percent of the monthly salary in accordance with the military position held. And for special conditions of civil service, it is paid (according to another legislative act) already up to 200 percent.
Or such a fact. In February, the indexation of insurance (civil labor) pensions in February 2017 was made at inflation of 5,4 percent, approved by the Federal State Statistics Service, and of the military - by four percent.
If service in the Armed Forces is indeed a special type of federal civil service and predetermines the duty of the state to guarantee enhanced social protection, then why does the legislator, the government of the Russian Federation, infringe upon the rights of the military by setting such different monthly allowances? Such a question is given to pensioners of law enforcement agencies G. Zavyalov, L. Grishin, V. Rusakov, A. Efremov, E. Vinnitsky, V. Karabanov, A. Bunkovsky, I. Shvets, many others.
As a result of the analysis of only a few regulatory legal acts regulating the activities of federal civil servants in comparison with the military, you come to the following conclusions:
The lawmakers and the government of the Russian Federation committed direct violations of Art. 2 Art. 19 of the Constitution of the Russian Federation, resolutions of the Constitutional Court of the Russian Federation, other legislative acts and placed civil servants in a much more privileged position. The scope and content of the established social protection measures for civil officials do not correspond to their status, the nature of the service, moral standards;
by these actions, the legislators, the government of the Russian Federation, have downplayed the role and special status of military service established by the Constitution of the Russian Federation, and thereby allowed discrimination against military retirees and persons equal to them on the basis of their social affiliation;
the establishment by legislators, the government of the Russian Federation for representatives of the federal state civil service, of significantly higher social benefits that exceed reasonable limits, undermines the system of interconnection of all types of civil service, the principles of its construction and functioning;
further delay with the decision of the created legal conflict undermines the defenders of the Motherland, veterans and their family members faith in state authorities, high command, in the justice of Russian laws. Negative emotions towards officials are intensifying, ordinary citizens are being pushed to the decision not to send sons to the army, since it is clear that being an “effective manager” is more profitable and prestigious than defending the Motherland;
Without detracting from the importance of the tasks performed by civil servants, veterans of the Armed Forces believe that the social guarantees established by the state for them and representatives of military service do not fully correspond to the complex financial and economic situation in the country and the capabilities of the state and need to be adjusted.
Subject to the foregoing, army veterans and fleetother law enforcement agencies offer:
1. To organize legal expertise of previously adopted regulatory legal acts regulating the activities of federal state civil servants, military personnel and persons equivalent to them for compliance with the provisions and norms of the Constitution of the Russian Federation and other legislative acts.
2. Obligate, if necessary, the relevant state authorities to prepare and make changes (additions) to the regulatory framework. The Government of the Russian Federation to ensure an annual increase in pensions to citizens dismissed from military service by at least two percent.
3. Take measures to prevent discrimination of pensioners on the basis of social belonging to military service.
Only hopelessness encourages veterans to apply to higher authorities in search of truth and justice. As for the Ministry of Defense of the Russian Federation, it certainly is fighting for the rights of servicemen, but now, in connection with the situation in Syria and in the east of Ukraine, he has no time for that. In addition, some of his representatives compare departmental pensions with insurance (labor civilian by age), which is not true. For comparison, it is necessary to take the pensions of federal civil servants.
And the last. The real size of pensions in Russia in the next three years, according to the Minister of Labor and Social Protection Maxim Topilin, will decline. So, to cause an increase in social tension, which, whether the authorities want or not, will have to be taken into account. Especially on the eve of the 2018 presidential election of the year.