Statement of the Union of Navy Sailors on the attempt to adopt an anti-constitutional act

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Registered by the RF Ministry of Justice 19.02.2010 Reg. No. 1107799010824
Outgoing number 15 / 43 from 26 October 2011

To the President of the Russian Federation
Supreme Commander of the Armed Forces of the Russian Federation
Medvedev Dmitry Anatolyevich
103132, Moscow, st. Ilyinka, d. 23

Chairman of the Federation Council of the Federal Assembly of the Russian Federation
Matvienko Valentina Ivanovna
103426, Moscow, B.Dmitrovka, 26

Chairman of the Constitutional Court of the Russian Federation
Zorkin Valery Dmitrievich
190000, St. Petersburg, Senatskaya Square, the house 1.

The Central Council of the Union of Naval Sailors, representing current and former naval sailors - admirals, officers, warrant officers, foremen and sailors, members of their families, submariners, naval pilots, sea pilots, marines, coast artillerymen and missilemen

considers it necessary to declare an attempt to adopt a deliberately unconstitutional act

as part of the Law "On Amendments to Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid in connection with the adoption of the Federal Law" On the remuneration of military personnel and the provision of certain payments to them "and the Federal Law" On Social Guarantees to Employees of Internal Affairs of the Russian Federation and the amendment of certain legislative acts of the Russian Federation. "

The draft of the said Law (No. 556510-5) has already been adopted by the State Duma 21.10.2011 and sent to the Council of Federation of the Federal Assembly of the Russian Federation.
The text of this document contains the following change to the current legislation:

"Article 43 of the Law of the Russian Federation of February 12 1993 4468-1 February" On the provision of pensions for persons serving in the military, in the internal affairs bodies, the State Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and criminal authorities -executive system, and their families. ", supplemented by part two, to read:

"To persons of private and commanding staff who served in the internal affairs bodies and who were dismissed from service in the internal affairs agencies from posts whose salaries are established in accordance with the Federal Law" On social guarantees for the employees of the internal affairs agencies of the Russian Federation and on amendments to certain legislative acts Of the Russian Federation ", and for their family members from January 1 2012, pensions are calculated on the basis of 54 percent of salaries by position, special rank and percentage bonus for long service, inc. Tea payments in connection with indexing money allowances specified in part one of this article »

Thus, the legislator arbitrarily reduces the basic part for calculating the pensions of military personnel by almost half. Since the pension legislation in respect of military personnel does not stipulate the amount of the pension in a specific amount expressed in rubles, but determines it as a percentage of the salary, the reduction of this ratio is a deduction of the existing right to the corresponding pension provision acquired in accordance with the previously existing legislation, even if in numerical terms (in rubles), the pension may be increased by any bylaws.

In accordance with Part 2 Art. 55 of the Constitution of the Russian Federation, in the Russian Federation there should be no laws abolishing or derogating the rights and freedoms of man and citizen. As repeatedly stated in the decisions of the Constitutional Court, the state cannot arbitrarily reduce the volume of social guarantees previously provided to it by a citizen’s special status and is obliged to ensure the preservation of reasonable stability of legal regulation, the inadmissibility of making arbitrary changes to the current system of norms, predictability of social policy, otherwise legal regulation, in essence, will mean arbitrary cancellation of rights acquired in accordance with the previously valid them legislation, and implemented in specific legal relations, which is incompatible with the provisions of the articles 1 (part 1), 2, 18, 19 (part 1 and 2), 54 (part 1), 55 (part 2) of the Constitution.

Moreover, the Law states that this impairment of rights does not apply to a number of retired categories from military personnel belonging to judicial, investigative bodies and the prosecutor's office, which should be recognized as a specific form of guaranteed bribe for cynical discrimination of other veterans and military retirees.

Repeated appeals on this issue of ours and other veterans' organizations, the Commissioner for Human Rights in the Russian Federation to the State Duma constantly ran across the formal replies of Mr. Zavarzin, who heads the defense committee.

We believe that the persistent pushing into the legislation of humiliating and discriminatory for veterans of the Army and Navy, military retirees, provisions that are in contradiction with the Constitution of the Russian Federation, is the result of a criminal conspiracy of the Defense Ministry, the Ministry of Finance and the Defense Committee of the State Duma and misleading deputies by imposing anonymous (unsigned) materials with hypothetical figures, planned salary increases for military personnel.

In addition, a number of discrepancies on the imprint of the conclusions of the Legal Department of the State Duma and the qualification level of the performers cast doubt on the validity of these documents.

We consider it necessary to suspend the adoption of this law, directing it to an independent legal examination for the subject of the constitution of the Russian Federation.


We have the honor, on behalf of the members of the Central Council of the Union of Military Sailors
Chairman of the Union,
retired 1 rank captain, combatant A.F. CRESIC

Adopted unanimously at the meeting of the Central Council of the Union of Military Sailors on October 26 2011 11 / 21.
Sent to recipients by 26.10.2011 16-00 e-mail
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