Three years of existence and “improvement” of the new pension legislation for military personnel showed the complete legal illiteracy of those who are obliged to ensure a decent life for the defenders of the Fatherland. "MIC" is forced to again pay attention to this problem.
As early as the beginning of the 18th century, Emperor Peter I punished descendants in terms of providing veterans of the “sovereign service”: “Should he, in his old age, have to endure need, who devoted his best years to me in the service. Give him a full salary and not force him into the service ... but consult with him about matters relating to his former service, and use his art. "
Life is not according to Peter
Unfortunately, today's government bodies, as we believe, have forgotten these instructions, but many developed countries have accepted them. Only a direct reluctance to care about the prosperous old age of people risking their lives for the good of the country can explain the actions of officials who have adopted a number of normative legal acts aimed at restricting the provision of pensions to military personnel and their equivalent.
Photo: PHOTOXPRESS
This became especially vivid since the introduction of the laws “On Amendments to Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation in Relation to the Adoption of the Federal Law” providing them with separate payments "(No. 1-ФЗ from 2012 of the year) and" On social guarantees for the employees of the internal affairs bodies of the Russian Federation and the introduction of amendments to certain legislative acts Russia's »(№ 309-FZ 08.11.2011 years).
Tens of thousands of military pensioners and members of their families, trying to restore their fair attitude to themselves, have been writing complaints to various state organizations for the fourth year, submitting claims to the courts. But problems are not solved, officials are engaged in formal replies, and a number of legislative issues on military pensions are increasing every year. The number of normative legal acts that infringe the rights and freedoms of servicemen and veterans is only increasing. It can be seen, the officials decided that the main savior of the country's budget and the locomotive for bringing it out of the crisis should be the military personnel of the Russian Armed Forces and military pensioners. Consider some facts.
For judges its own law
In Art. 43 RF Law No. 4468-1 “On Pension Provision to Persons Serving Military Service, Service in Internal Affairs Bodies, State Fire Service, Drug Control and Psychotropic Substance Control Bodies, Institutions and Bodies of the Penitentiary System, and Their Families” (hereinafter - the Law of the Russian Federation No. 4468-1 of 12.02.1993 of the year) was introduced in part 2, where it was recorded: “The specified monetary allowance is taken into account when calculating pensions from 1 January 2012 of the year in the amount of 54 percent and starting from 1 January 2013 of the year increases annually 2 percent until 100 percent of its size. Taking into account the level of inflation (consumer prices), the federal law on the federal budget for the next fiscal year and planning period, this annual increase can be set for the next fiscal year in an amount exceeding 2 percent.
The provisions of the second part of Art. 43 of this law (as amended by 08.11.2011, No. 309-FZ) shall not apply to judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts, prosecutors (including military officers of military prosecutor’s offices) and employees of the Investigative Committee of the Russian Federation (including military investigative bodies of the Investigative Committee of the Russian Federation), retirees from among these persons and their family members.
The question is: why those with weapons in the hands he defended the freedom and independence of our Motherland during the Great Patriotic War, kept watch and “earned” incurable diseases, burned alive when launching ballistic missiles, died in hot spots, and many others must wait for 23 for the year to receive a full pension, and judges, prosecutors and investigators can not wait?
Such selectivity of the use of the 0,54 reduction factor in the calculation of pensions by lawmakers grossly violated the principle of equality, established by Art. 19 of the Constitution of the Russian Federation and the Decree of the Constitutional Court of the Russian Federation No. 16.06.2007-P dated 12, where it says: “In the sphere of pensions, observance of the principle of equality means, among other things, the prohibition to introduce differences in the pension rights of persons belonging to the same the same category (prohibition of different treatment of persons in the same or similar situations) ”.
The law of 27.05.2003 of the year No. 58-FZ “On the system of state service of the Russian Federation” (Art. 6 and 7) states that military and law enforcement services are types of federal public service (hereinafter referred to as the Law of 27.05.2003 of the year No. 58-ФЗ).
In addition, 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 civil servants and equated to the monetary support of military personnel, but without applying a reduction factor to the monetary content for calculating pensions, as well as for the calculation of pensions of military investigators, prosecutors and judges, despite the fact that h. 1 Art. 19 of the Constitution of the Russian Federation is established: "Everyone is equal before the law and the court."
Such an approach to the calculation of pensions, applied only to military personnel and persons equivalent to them, undermines the system of interrelation of all types of public service, principles of its construction and functioning, established by the Law of 27.05.2003, No. 58-FZ, provided by the unity of the country's civil service system (Section 3 v. 2). If we are in accordance with p. 1 Art. 7 Constitution of the Russian Federation live in a social state, then where is the justice? Why such a stratification, selectivity of the pension formula in the same group of federal civil servants?
Why do the "limited financial and economic capabilities of the state" act only on military personnel, military retirees and persons equivalent to them and bypass the federal government civil servants, who have become many times more than they were in the USSR?
In addition, it is not clear for what “special conditions of service” these are the majority of benefits and additional payments from military personnel and persons equivalent to them moved into the regulatory legal framework of federal civil servants. Are government officials now impoverished to such a degree that there is a need to issue a presidential decree from 16.03.2015 of the year No. 136 “On some issues of the Administration of the President of the Russian Federation,” which now means that these people are free of charge or with 50 - percent discount will receive the necessary medicines.
Earlier, only participants and invalids of the Great Patriotic War, combat veterans, people who received the “Resident of besieged Leningrad sign”, employees of hospitals and hospitals in Leningrad, people with disabilities, people exposed to radiation due to the Chernobyl nuclear power plant, Heroes of the USSR and Of the Russian Federation, prisoners of concentration camps, as well as employees of internal affairs bodies. In addition, people with a range of medical conditions, such as dwarfism and multiple sclerosis, are eligible for free medications. About the servicemen and persons equated to them again "forgot"?
Civilian money is more necessary
According to the law of the Russian Federation on 07.11.2011 of the year No. 306-FZ "On the monetary allowance of military personnel and the provision of separate payments to them" "salary amounts for military posts and military salaries are annually increased (indexed) taking into account the level of inflation (consumer prices) in accordance with federal law about the federal budget for the next fiscal year and planning period. The decision on the increase (indexation) of the salaries of military personnel is made by the Government of the Russian Federation (Section 9 Art. 2). ” However, for the fourth year, the Russian government has denied servicemen and persons equivalent to them to be indexed, citing the state’s capabilities, lower oil prices and the economic crisis in the country.
The provision of art. The 1 Decree of the President of the Russian Federation on 07.05.2012 of the Year No. 604 “On the Further Improvement of Military Service in the Russian Federation”, which establishes the “annual increase in pensions to citizens dismissed from military service by at least 2 percent over the level of inflation”, has also not been executed the moment the decree comes into force.
At the same time, financial resources in the budget have always been found for a substantial increase in salaries of federal state civil servants, and this despite the “negative economic opportunities of the state”.
General - pleasure is expensive
Why in accordance with current legislation:
Do federal state civil servants have a pension calculated taking into account all the additives, and the military pensioners do not?
Federal state civil servants are entitled to a pension with 15 years of service, and military personnel with 20?
The allowance for special conditions of military service is set at 100 percent, while for special conditions of civil service 200 percent (paragraph 2 p. 5 article 50 FZ from 27.07.2004 of the year No. 79-FZ “On State Civil Service of the Russian Federation”)?
Monthly service allowances for servicemen’s salaries begin to operate only after two years of service? Have the military personnel been freed from military service, from combat duty, from participation in military conflicts and from the possibility of dying? Does this mean that the servicemen for the first two years of service are exempt from the words of the military oath "I swear to fulfill the military duty with dignity, to courageously defend freedom, independence and the constitutional order of Russia, the people and the Fatherland"?
Salary sizes for military ranks from lieutenant to colonel are set in increments of 500 rubles. And where is the difference in money equivalent between junior and senior officers? Why is the difference in salaries between a lieutenant (after graduation from a university) and a colonel is 3000 rubles, and between a colonel and a major general, 7000 rubles at once?
Canceled but working
December 1 2014, the federal law No. 397-ФЗ was passed “On the suspension of the second part of Art. 43 of the RF Law “On the provision of pensions for persons serving in the military, serving in the internal affairs bodies, the State Fire Service, the narcotic drugs and psychotropic substances control agencies, the institutions and bodies of the penitentiary system, and their families” the law "On the federal budget for 2015 year and for the planned period of 2016 and 2017 years" (hereinafter - the Law of 01.12.2014 of the year No. 384-ФЗ), in accordance with which h. 2 Art. 43 of the Law of the Russian Federation dated 12.02.1993 of the Year No. 4468-1 for a period of one year - from January 1 2015 to January 1 2016.
That is, in accordance with the law No. 397-ФЗ, in the 2015 year, all the conditions defined by part H. 2 Art. 43 of the Law of the Russian Federation dated 12.02.1993 of the year No. 4468-1, namely:
introduction of the so-called reduction factor into the procedure for calculating pensions;
mandatory annual increase of this ratio by 2 percent;
possible increase, taking into account the level of inflation (consumer prices), by the federal law on the federal budget for the next fiscal year and the planning period over 2 percent.
In other words, the whole article has been suspended, and not only the part relating to the annual increase in the money allowance for the calculation of pensions.
Thus, since January 1 2015, according to the adopted law, only h. 1 Art. 43 of the Law of the Russian Federation dated 12.02.1993, No. 4468-1, in accordance with which pensions are granted to persons specified in Art. 1 of this law shall be calculated from the monetary allowance of military personnel, private and commanding officers of the internal affairs bodies, the State Fire Service, the authorities for controlling the circulation of narcotic drugs and psychotropic substances, persons serving in institutions and bodies of the penitentiary system.
For their calculation, pensions are taken into account in the order determined by the government of the Russian Federation, the salary for a military post or official salary, a salary for a military rank or a salary for a special rank (excluding salary increase in service in remote, highland areas and other special conditions) and monthly allowance or percentage service premium (length of service), including payments in connection with the indexation of the money allowance.
And this means, as a result of the temporary loss of the power of h. 2 Art. 43 RF Law of 12.02.1993, No. 4468-1, persons entitled to receive a pension in accordance with this law must receive a full pension from 01.01.2015, calculated from 100 percent of the allowance specified in the first part of Art. 43 of the Law of the Russian Federation dated 12.02.1993 of the year No. 4468-1, since the rule on the so-called reduction factor from 2015 of the year due to its suspension is no longer valid.
However, military pensioners and persons equivalent to them from 01.01.2015 of the year continue to receive pensions in view of the canceled part of Art. 2. Xnumx law. Neither the country's leadership, nor the Ministry of Defense and the Ministry of Internal Affairs, nor the supervisory authorities considered it necessary to point out a violation of the law and restore justice in respect of veterans of the Armed Forces and the Ministry of Internal Affairs of the Russian Federation.
Five free years
According to Federal Law No. 02.04.2014-ФЗ “On Introducing Amendments to Articles 64 and 49 of the Federal Law“ On Military Duty and Military Service ”, the age limit for military service has been increased by five years. This is explained by the fact that this measure will allow securing in the army experienced military personnel with developed professionally important qualities. It’s hard not to agree, especially as the Ministry of Defense explained: “This approach implements one of the basic principles of building and operating the civil service system of the Russian Federation - the unity of the legal and organizational foundations of the civil service, which presupposes legislative consolidation of the unified approach to the organization of the civil service, taking into account the specifics of each its varieties. "
The Federal Law No. 27.05.1998-FZ of 76 “On the Status of Military Personnel” (Section 2 Art. 1) states: “Military personnel have the rights and freedoms of a person and a citizen with some restrictions established by this federal law, federal constitutional laws and federal laws. Military personnel are charged with preparing for armed defense and armed defense of the Russian Federation, which are connected with the necessity of unquestioningly performing the tasks set in any conditions, including with the risk to life. Due to the special nature of the duties assigned to military personnel, they are provided with social guarantees and compensations. ”
But if the state intends to use the unique knowledge and skills of servicemen of contract service in the armed defense of the Motherland and ensuring its security for a longer period than is regulated by the current normative legal acts and which are associated with the restriction of their civil rights and freedoms, as well as the risk to life, then Why did the monthly service premium for salary remain the same - 40 percent and extension of service does not affect the increase in pensions?
Does this mean that the state “wished to entrench experienced servicemen with developed professionally important qualities in the army for a longer period, but refuses to pay for this to servicemen?”
Which law is more legal?
Part of 9 Art. 8 of the Federal Law 01.12.2014 of the Year No. 384-ФЗ “On the Federal Budget for 2015 Year and for the Planning Period 2016 and 2017” established that the amount of money allowance taken into account when calculating pensions in accordance with Art. 43 of the Law of the Russian Federation dated 12.02.1993 of the year No. 4468-I, from January 1 2015 of the year is 62,12 percent of the amount of the money specified in art. 43.
It turns out that the norm of the law on 01.12.2014 of the year No. 384-ФЗ sets not the magnitude of the increase in the money allowance for calculating pensions over 2 percent, but the size of the money allowance for calculating pensions in 2015 a year.
That is, the specified part of 9 Art. 8 FZ from 01.12.2014 of the year No. 384-FZ sets the amount of money allowance for calculating pensions, taking into account the reduction factor in accordance with the norm that is not valid (part 2 Art. 43 of the Law of the Russian Federation of 12.02.1993, No. 4468-1). This means that the size of the money allowance for the calculation of pensions, taking into account the suspension of h. 2 Art. 43 of the Law of the Russian Federation dated 12.02.1993 of the year No. 4468-1 in 2015 should be calculated in accordance with Part 1 Art. 43 of the law and does not require additional establishment of its norms of the federal budget law.
The law of the Russian Federation on 12.02.1993 of the year No. 4468-1 is a special law governing the provision of pensions for military personnel and has priority over federal budget law.
Consequently, the Federal Law No. 01.12.2014-FZ of 384 of the year does not have the right to establish the amount of money allowance for calculating pensions in any amount, since there is already a provision of a special law (part 1 Art. 43 of the Law of the Russian Federation of 12.02.1993, No. 4468-1 ) setting this size.
In addition, the Constitutional Court of the Russian Federation in decisions of 23.04.2004 of the year No. 9-П and of 15.05.2006 of the year No. 5-P resolved a dispute regarding the inapplicable use of (temporary) federal budget laws in relation to the (special) Law of the Russian Federation of 12.02.1993 of the year No. 4468-1. In accordance with the stated position of the Constitutional Court of the Russian Federation, “the federal law on the federal budget creates appropriate financial conditions for the implementation of the standards set forth in other federal laws issued prior to its adoption and providing for financial obligations of the state, that is, providing for the provision of any funds and material guarantees and the need related expenses. As such, it does not generate or cancel rights and obligations and therefore cannot, as a lex posterior (subsequent law), change the provisions of other federal laws, including federal tax laws, as well as material laws affecting the expenses of the Russian Federation, and even more deprive them of legal force. "
However, from the meaning of art. 6 of the Federal Constitutional Law of 21.07.1994 of the year No. 1-FKZ “On the Constitutional Court of the Russian Federation” follows: “Decisions of the Constitutional Court of the Russian Federation are mandatory throughout the Russian Federation for all representative, executive and judicial authorities, local governments, enterprises, institutions , organizations, officials, citizens and their associations ".
Therefore, we believe that the state authorities, which have ignored art. 6 federal constitutional law, exceeded its authority, since Art. 6 has not been canceled. Thus, h. 9 Art. 8 Law of 01.12.2014, No. 384-ФЗ, which states that the amount of the monetary allowance taken into account when calculating a pension from January 1 of 2015 is 62,12 percent of the amount of the monetary allowance taken into account when calculating the pension, in accordance with Art. 43 of the Law of the Russian Federation dated 12.02.1993 of the year No. 4468-I conflicts with its provisions and invalidates h. 1 Art. 43 of this law, as well as diminishes the rights of military retirees and persons equivalent to them, violates Art. 2, 7, 15 (including 1 and 2), 18, 39 (including 1 and 2), 45 (including 1) and Art. 55 Constitution of the Russian Federation.
What to do to those who are guilty
Currently, it turns out that the leadership of the Russian Federation constantly talks about the need to increase the prestige of the Armed Forces, but with its own actions weakly encourages, moreover, it puts defenders of the Motherland in relation to federal civil servants to a worse position. And this is confirmed by the fact that since 01.01.2012, the law of the Russian Federation No. 12.02.1993-I on 4468 “On the provision of pensions for persons serving in the military ...” has almost never been executed by state authorities in full. But on a regular basis, various amendments and additions were made to it regularly, especially with the filing of the government of the Russian Federation, abolishing or restricting powers and rights. The basic pension law, which lasted for many years in its original form, was emasculated into a reference rate, which redirects to another law.
In order to eliminate existing legislative conflicts, as well as to further prevent lawmakers from violating the Constitution of the Russian Federation and other regulatory legal acts of the Russian Federation, discriminatory attitudes towards the Armed Forces, military retirees and their families, we consider it necessary:
to inspect the relevant state bodies of regulatory legal acts enacted in the period from 01.01.2012 to 01.03.2015 in the part concerning military service in the Armed Forces and the new appointment (reassignment) of retirement pension benefits to military retirees and their peers Compliance with the Constitution of the Russian Federation and other regulatory legal acts;
cancel ch. 2 Art. 43 of the RF Law of 12.02.1993 of the Year No. 4468-I “On Pension Security for Persons Serving Military Service, Service in the Internal Affairs Bodies ...”;
to restore the constitutional rights and social guarantees of servicemen of the Armed Forces, military pensioners and persons equivalent to them.