Appeal to retirees of all law enforcement agencies
I decided to write this appeal in order to unite the efforts of pensioners of all power structures in upholding our social rights and freedoms in the matter of the procedure for calculating pensions, which, with 01.01.2012, were brazenly impaired and violated. Many state organizations, officials, who to some extent should be the guarantors of compliance with the Constitution of the Russian Federation, the laws of the Russian Federation, human rights and freedoms of a person and a citizen, would be obliged, in their official position and status, to protect the rule of law and the interests of citizens, on the path of concealing legal violations and selective application of the letter of the law to various categories of citizens.
The Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, the Minister of Defense of the Russian Federation fenced off from the pensioners who received the status of a pensioner before 01.01.2012, the apparatus of their officials and do not see, do not hear our problems with which we address them.
Therefore, only by uniting our efforts in the struggle for the observance by officials, by the power of the Constitution of the Russian Federation and the letter of the law, can we defend our social rights. Moreover, the development practice of the country and society "in a democratic direction" has shown that the state in many areas of social security is eliminating itself from the fulfillment of its obligations to citizens, including and from retirees of a number of law enforcement agencies.
At the end of 2011, the elected representatives of the State Duma, the Council of the Federation of the Russian Federation voted, and the President of the Russian Federation signed the Federal Law of the Russian Federation on 19.07.2011 N N 247-ФЗ "On social guarantees to employees of the internal affairs bodies of the Russian Federation and on the introduction of amendments to certain legislative acts of the Russian Federation" and Federal Law of the Russian Federation on 08.11.2011, N 309-FZ "On Amendments to Certain Legislative Acts of the Russian Federation and Recognition of Certain Provisions of Legislative Acts of the Russian Federation Invalidation
by the adoption of the Federal Law “On the monetary allowance for military personnel and the provision of separate payments to them”.
These laws, in violation of the Constitution of the Russian Federation, international agreements (contracts) and other laws of the Russian Federation, cut our previously earned pensions by 01.01.2012% from 46 by introducing a decreasing coefficient 0,54 and lowering the maximum percentage premium for years of service from 70% to 40%.
However, one can clearly understand the illegitimacy of their actions; the power “graciously” allowed itself to return these 46% pension stolen from us in 23 years, prescribing in the law "... the money allowance taken into account when calculating pensions since 1 January 2013 of the year increases by 2 percent annually until 100 percent its size. " That is, the developers of the above federal laws, people's deputies and our Supreme Commander-in-Chief of the RF Armed Forces offer us, in addition, to live to see the 2035 year, and only then will the government pay us a full pension.
And how can we do this, especially for those who are already 01.01.2012-t up to 60 and more years old, if today the average subsistence age of a man in Russia is 59-60 years? By such actions, the legislators, the state deliberately doomed us to a short stay before receiving an 100% pension, which is estimated in the world community as genocide (the deliberate creation of life conditions calculated for full or partial physical destruction).
The question is, why pensioners from among the judges, prosecutors, investigators and other federal civil servants can not wait for 23 year?
By applying the reduction factor 0,54 only to our pension-forming base and lowering the monthly allowance for long service to salary from 70% to 40%, lawmakers violated article 55 (part 2) of the Constitution of the Russian Federation, where it is said that laws should not be passed in the Russian Federation, abolishing or derogating human and civil rights and freedoms.
This is confirmed by part 1 Art. 4 of the Civil Code of the Russian Federation, where it is said that “Acts of civil legislation are not retroactive and apply to relations that arose after they were put into effect ...”.
The references of the Constitutional Court of the Russian Federation, other courts and officials to the fact that our pensions have increased in absolute terms in rubles are untenable and lead us away from the letter of the law. As before, and now, the pension legislation in relation to persons serving in the military, serving in the internal affairs bodies, the State Fire Service, the narcotic drugs and psychotropic substances control agencies, institutions and bodies of the penitentiary system, and their families, does not stipulate the amount of the pension in a specific amount, expressed in rubles, but sets it as a percentage of the salary of the monetary allowance. This means that the decrease from 01.01.2012 of this ratio (quality) is a derogation of the rights we have already acquired in accordance with the previous legislation, even if in absolute terms (in rubles) the amount of the pension has increased.
Until 1 January 2012 of the year (the date of enactment of the Federal Law of the Russian Federation on 19.07.2011, N 247-FZ and the Federal Law of the Russian Federation on 08.11.2011,
No. 309-FZ) all retirees of security agencies were in the same situation - the monetary allowance when calculating the pension, was taken into account in the amount - 100%.
However, the legislative bodies, in accordance with Part 6 of Article 12 of the Federal Law of the Russian Federation No. 08.11.2011-FZ from 309, did not apply the reduction factor 0,54 to the pension-forming base in relation to the judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts, prosecutors (including military the military prosecutor’s office) and the staff of the Investigative Committee of the Russian Federation (including the military investigative bodies of the Investigative Committee of the Russian Federation), retirees from among these persons and their family members. Nor did these navations apply to a number of federal states.
state civil servants from the office of the President, the Government of the Russian Federation and other state structures, even when they were transferred to salaries corresponding to military posts.
These same legislators and authorities violated the principle of equality established by Article XXUM of the Constitution of the Russian Federation, where it says “Everyone is equal before the law and the court. The state guarantees equality of rights and freedoms of a person and citizen, regardless of gender, race, nationality, language, origin, property official position, place of residence, attitude to religion, belief, membership in public associations, as well as other circumstances.Any form of limiting the rights of citizens on the grounds of social, racial, national oh, linguistic or religious affiliation. " And the category of federal civil servants was officially divided into “whites” and “blacks”. More "white" turned out to be those federal civil servants who perform their official duties in the quiet of offices, sitting in chairs, and not who weapons in the hands and at the risk of life, provided and ensures order, security, territorial integrity of the state.
Our letters, complaints, appeals, including and to the guarantor of the Constitution of the Russian Federation to the President of the Russian Federation, they did not bring the expected results. All correspondence on this issue is posted on the website "Military pensioners for Russia and its Armed Forces2 http://militariorg.ucoz.ru/publ/pozdravlenija/8 We just do not want to hear.
At the moment, there is an opportunity to bring our problems to the State Duma of the Russian Federation through the Russian Social Initiative state website and the People’s Initiative Communist Party of the Russian Federation.
On the Russian Public Initiative website, you need to collect 23.07.2014 100 votes for the problem by 000.Cancellation of the reduction factor 0,54 when calculating pensions for law enforcement officers".
The site http://ni.kprf.ru/n/3/ "People's Initiative", which supports the Communist Party, you need to collect 20 000 votes for the same initiative.
When recruiting the specified number of votes, our initiative to cancel the reduction factor 0,54 can be considered at a meeting of the State Duma of the Russian Federation.
Comrades! For the sake of restoring justice and the law, for the sake of our family members, I propose to reject interspecific disunity, be active and vote for the indicated initiatives on both sites.
Bring this message to friends, fellow workers, members and leaders of public veteran organizations. Place it in the military-patriotic groups, forums where you are and, if possible, in any media.
Dear pensioners! Contact your children, sons-in-law and daughter-in-law - let them help you vote.
Defend our rights to the state, except for us, no one will. If the state in respect of us has committed such a perversion now, then where is the guarantee that if we keep silent it will not try again another time or will it be considered as a written off item?
I wish you activity and perseverance in our fair cause.
Chairman of the Internet community
"Military pensioners for Russia and its Armed Forces"
Zavyalov Gennady Alekseevich
Information