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Military pension in 1990. On the procedure for enacting the law of the USSR "on pensions for military personnel"

For more than two decades, the GAZ 3302 has been a leader among small tonnage vehicles. The carrying capacity of the GAZ 3302 and its dimensions quickly provided it with popular popularity. Typing it, he became the prototype for many models and he went through two improvements.

The GAZ 3302 car is designed to transport goods of various sizes and volumes, the mass of which does not exceed 1.5 tons.

According to the characteristics, the GAZelle is an onboard vehicle with a metal cabin equipped with two doors. Body with fold down rear and side port and removable tarpaulin.

GAZ 3302 became the ancestor of a whole series of airborne mini vehicles that have a 1.5 ton class of cargo lifting. Production of the car began in July 1994. The machine was revised and improved for the first time in 2003, the next - in 2010. P The original budget model has been discontinued.

The appearance of the car immediately makes it clear that this is a very compact mini truck that has good maneuverability. It fits well into the city streets and can easily go to any points of the city infrastructure. Owners of medium and small businesses, summer cottages and farmers appreciated the advantages of the car. For them, a small-tonnage car has become an indispensable assistant.

Device

Gas 3302 consists of units, assemblies and supply systems. The device of the car includes:

1. Frame with cab and body.
2. Engine with attachments and clutch basket.
3. Gearbox.
4. Support systems, which include:

fuel system;
cooling system;
Lubrication system;
electrical system with starter and generator;
heating and ventilation system;
brake system;
exhaust system.

5. Steering.
6. Chassis, which includes: front and rear axles, front and rear suspensions, driveline.

Bread van GAZ 3302

Advantages of the car and its disadvantages. Owner reviews

The high popularity of the GAZ 3302 lies in its many advantages. These include:

Simplicity of design and high degree of maintainability. The device of the car makes it easy to access the components and assemblies, allows you to perform minor repairs by the driver. There is no need to have a large set of various keys and devices.
Availability of spare parts and units. These items are not in short supply. Any component part can be bought at an automotive store or at a service station.
Reliability of the car, components, assemblies. It can work in any climatic conditions, with various loads.
Good maneuverability. Able to turn around in a small area, in a limited space. Picks up speed quickly.
Ease of Management. The location of the steering wheel, gear lever and pedals create ergonomic conditions for the driver.
Small sizes. The dimensions of the car allow you to move along narrow streets and through arched spans.
Long period of operation. The resource reserve makes it possible to operate the car for more than 10 years without major repairs.
The presence of a low body. Allows carrying out loading and unloading operations without the use of lifting equipment.
Significant carrying capacity, which makes it possible to transport large loads.
Relatively low cost of the car.

The car also has weaknesses. These include:

Low sides of the body.
Lack of power steering on early models.
Late model hydraulic boosters often leak.
The ventilation system in the cab is not very efficient.

Many reviews say that the GAZelle 3320 is indispensable in the economy. A small flatbed vehicle is a workhorse that performs many tasks with little maintenance. The disadvantage of the car, the owners consider increased fuel consumption, as a result of which some of them install gas equipment.

Engine characteristics and fuel consumption

The model is equipped with engines ZMZ 40524, UMZ 4216 and Chrysler 2.4 L-DOHC. Some models are equipped with the GAZ 5602 engine, which is manufactured on the basis of the STEYR M 14 engine. The latest models are equipped with a more modified Cummins ISF 2.8 L engine. The table shows their technical parameters.

Parameter	Unit rev.	ZMZ 40524	GAZ 5602	UMP 4216	Chrysler 2.4 L-DOHC	Cummins ISF 2.8L
Engine capacity	liter	2.4	2.1	1.9	2.4	2.8
Power	hp	133	95	123	133	145
Torque, maximum	N/m	214	205	204	220	235
Speed	rpm	4500	3800	4000	4200	4500
Fuel, brand		Gasoline AI 92 (95)	Gasoline AI 92 (95)	Gasoline AI 92 (95)	Diesel fuel Euro 3 (4)	Diesel fuel Euro 3 (4)
Fuel consumption per 100 km	liter	10-12	9-11	11-13	10-12	9-10

Performance indicators

The car is produced in an onboard version and as a chassis for the installation of the necessary equipment. Specifications GAZ 3302 machines are slightly different.

Parameter	Unit	airborne	Chassis
total length	m	5.5	5.15
Mirror Width	m	2.38	2.38
Cab Width	m	2.0	2.0
Platform Width	m	2.05	2.05
Cabin height	m	2.1	2.1
awning height	m	2.6	2.6
Overhang front	m	1.05	1.05
Rear overhang	m	1.5	1.2
Distance between front wheels	m	1.7	1.7
Distance between rear wheels	m	1.55	1.55
Cargo body length	m	3.05
Cargo bed width	m	1.97
Body height on board	m	0.4
Body height with awning	m	1.56
Clearance	m	0.17	0.17
Fuel tank capacity	liter	64	64

The remaining technical parameters are common to all modifications of the GAZ 3302 and make up the following:

Wheel formula - 4x2.
Number of seats in the cabin - 3 (driver and two passengers)
Curb weight - 1.9 tons.
The total weight of the car is 3.5 tons.
Turning radius - 5.3 m.
Clutch - dry single disc, hydraulically driven.
Gearbox - mechanics, 5 gears forward and 1 reverse.
Suspension front and rear - spring type with a telescopic shock absorber on each rack.
Steering - type "screw and ball nut" can be with or without hydraulic booster.
Brake system - with hydraulic drive and vacuum booster, has two circuits.
Fuel tank capacity - 64 liters.
Payload GAZelle 3302 - 1.5 tons

Characteristics allow you to use the car to perform transport tasks of any complexity.

What can be completed. Analogues

Gazelle with a body is the most common option that is produced at the factory. Given the possibility of dismantling the body, the car can be equipped with other equipment and perform various tasks, based on the configuration. It could be:

Refrigerator-refrigerator.
Dump truck with folding body.
Isothermal van.
Tow truck for cars.
Bread booth.
Platform for mounting a small crane.

More modern counterparts "Farmer", "Van" and "Next" are designed to increase the functions of the car. "Farmer" is most popular with owners of medium and small businesses and can perform the listed functions. The car "Van" can be used as an armored cash-in-transit carrier. "Van" and "Next" can be used as a mobile laboratory, an ambulance or just to transport people.

Due to the fact that the onboard GAZ 3302 has low sides, it is not recommended to equip a car for transporting people in the back.

Cabin

The basic model of the machine has a three-seater cab. Some of the latest models are available with a cab for six people, including the driver. In such a cab, the seats are arranged in two rows, and the cab is equipped with a high-ceilinged roof. The basic three-seater cab has two doors with rear-view mirrors. Cabin for six passengers also with two doors. Landing of rear row passengers is made through the right door, after reclining the passenger seat in the first row.

One-piece windshield with wiper and large side windows create good review terrain for the driver and passengers. Some models were produced with a berth for the driver.

The cabin is equipped with heating, air conditioning, ventilation and noise protection systems. The windshield is blown from the inside.

The machine is controlled using the steering wheel and gear lever. Control over the systems is carried out using the dashboard, which is installed in front of the driver. It contains a speedometer, tachometer, coolant temperature and fuel gauges.

The completeness of the cab and the location of the controls create a pleasant working environment for the driver.

car cost

It is not possible to purchase a new original GAZ 3302, since its release has been discontinued.

Initial models can be bought from 70 to 150 thousand rubles. The price depends on the technical condition of the car, mileage and equipment.

Modified cars of 2003 and 2010 will cost a little more. New cars, depending on the cabin equipment and engine brand, are estimated from 600 to 800 thousand rubles.
Used models of 2003 can be purchased for 100-150 thousand rubles, models of 2010 will cost 230-270 thousand rubles.

If there is no need to buy a car, you can rent it. An hour of renting a GAZelle is estimated at 1.3-1.5 thousand rubles.

Small dimensions, a good engine and a significant load capacity allow the car to be used for various tasks.

The ability to replace the GAZ 3302 body with other equipment makes it one of the unique machines.

As you know, the current military pension legislation establishes two different grounds for granting a pension for long service:
Firstly, in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-I, persons who are subject to the said law and who have 20 or more years of service on the day of dismissal from service, including V preferential calculation. The amount of this pension in this case is 50% of the monetary allowance of a serviceman, and for each year of service over 20 years, 3% of the specified amounts of monetary allowance are paid, but in total no more than 85% of these amounts.

Secondly, a seniority pension can be assigned to the indicated persons dismissed from service upon reaching the age limit for service (45 years), for health reasons or in connection with organizational and staff activities, with a total length of service of 25 calendar years and more, of which at least 12 years and six months is military service, service in the internal affairs bodies, service in the State Fire Service, service in the bodies for controlling the circulation of narcotic drugs and psychotropic substances, service in institutions and bodies of the penitentiary system. The amount of this pension is for a total length of service of 25 years - 50% of the monetary allowance of a serviceman, and for each year of service over 25 years - 1 percent of the amount of monetary allowance. The servicemen call this type of pension "mixed pension" * (71).

Let us remind the readers of the magazine that the payment of a pension for any of the above reasons is made only after dismissal from military and equivalent service. If in the first basis, when assigning a superannuation pension, only two simultaneous conditions must be present:
- the fact of dismissal from military service;
- the presence on the day of exclusion from the lists of the military unit of length of service (in preferential terms) of 20 years or more.
If, as a rule, there are no controversial issues when assigning a pension on the first basis, since the only condition for assigning a pension is the presence of 20 years of service in case of dismissal from military service, then when assigning a pension on the second basis, there are several points that require additional clarification.
On the second basis, as Professor V.M. Koryakin "the legislator has established stricter conditions for the appointment of a pension." To acquire the right to a pension for long service, a citizen must simultaneously meet three conditions:

reaching the age of 45 on the day of dismissal;

The absence of at least one of these conditions deprives a person dismissed from military service of the right to a pension for long service.
In the practice of providing pensions to former servicemen, questions often arise about the right to a pension for long service of citizens whose compliance with all three of the above conditions for assigning a pension occurs after their dismissal from service (for example, at the time of their dismissal due to organizational and staffing measures, a serviceman who has a general work experience of 25 years, of which at least 12.5 years is military service, has not reached the age of 45). Often, these citizens, upon reaching the specified age, apply to the military commissariats for the assignment of a pension to them. However, there are no legal grounds for assigning a seniority pension to such citizens * (72).

In accordance with paragraph "a" Art. 1 Law Russian Federation dated February 12, 1993 N 4468-1, this Law applies to persons who have served in military service, service in internal affairs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system in other states, and families of these persons - provided that the contracts (agreements) on social security , concluded by the Russian Federation or the former USSR with these states, provides for the implementation of their pension provision under the legislation of the state in whose territory they live. By virtue of Art. 4 of the Law of the Russian Federation of February 12, 1993 N 4468-1 pension provision of persons living in the territory of the Russian Federation who have served in the armed forces (armies, troops), security agencies and other military formations created in accordance with the law or service in the bodies internal affairs, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system of other states - members of the Commonwealth of Independent States and states that are not members of the Commonwealth of Independent States with which the Russian Federation or the former USSR has concluded agreements (agreements ) on social security, as well as the families of these persons, is carried out in the manner prescribed by these contracts (agreements). In pursuance of the provisions of the Law of the Russian Federation of February 12, 1993 N 4468-1, the Government of the Russian Federation adopted a resolution of September 22, 1993 N 941 "On the procedure for calculating length of service, assigning and paying pensions, compensations and benefits to persons who served in military as ensigns, warrant officers and long-term military servicemen or under contract as soldiers, sailors, sergeants and foremen or service in the internal affairs bodies, the state fire service, institutions and bodies of the penal system, and their families in the Russian Federation. Paragraph 1 of this resolution provides that in the length of service for assigning pensions after dismissal from service to officers, warrant officers, midshipmen, long-term servicemen and soldiers, sailors, sergeants and foremen who served in military service under a contract, private and commanding personnel of internal affairs bodies, the State fire service, institutions and bodies of the penitentiary system are counted, including military service in the armed forces (armies, troops), security agencies, other military formations created in accordance with the law and service in the internal affairs bodies (police), the State Fire Service , institutions and bodies of the penitentiary system of other states - members of the Commonwealth of Independent States and states that are not members of the Commonwealth, with which the Russian Federation or the former Soviet Union has concluded social security treaties (agreements), providing for mutual offset in length of service for the appointment of pensions discharged from service military personnel, private and commanding staff of the internal affairs bodies (police), the State Fire Service, institutions and bodies of the penitentiary system of their service in other states. The Russian Federation and the Republic of Kazakhstan are parties to the Agreements of the countries of the Commonwealth of Independent States of March 13, 1992 "On Guarantees of the Rights of Citizens of the States Members of the Commonwealth of Independent States in the Field of Pensions" (hereinafter referred to as the Agreement of March 13, 1992) and of May 15, 1992 d. "On the procedure for providing pensions to military personnel and their families and state insurance for military personnel of the member states of the Commonwealth of Independent States (hereinafter referred to as the Agreement of May 15, 1992). It follows from the preamble of the Agreement of March 13, 1992 that the governments of the member states of this The Agreements recognize that the member states of the Commonwealth have obligations in respect of disabled persons who acquired the right to pension provision on their territory or on the territory of other republics during the period of their entry into the USSR and exercise this right on the territory of the member states of the Agreement. On March 13, 1992, it was determined that the provision of pensions to citizens of the states-participants of this Agreement and members of their families is carried out according to the legislation of the state in whose territory they live. The Agreement of March 13, 1992 provides for the retention of the payment of the previously assigned pension when a pensioner moves to a permanent place of residence in another state party to the Agreement. The amount of the pension is reviewed in accordance with the legislation of the state party to the Agreement at the new place of residence of the pensioner in compliance with the conditions stipulated by the Agreement (Article 7). At the same time, in Art. 1 of the Agreement of May 15, 1992 also provides that pensions and compulsory state insurance for military personnel of the Armed Forces of the Commonwealth member states and other military formations created by the legislative bodies of these states, the Joint Armed Forces of the Commonwealth, the Armed Forces and other military formations of the former USSR are carried out on the conditions, according to the norms and in the manner that are established or will be established by the legislation of the participating States, on the territory of which the specified military personnel and their families live. From the above regulations, as well as the provisions of international agreements, it follows that the right to a pension for long service on the territory of the Russian Federation is given to persons dismissed from service upon reaching the age limit for service, health status or in connection with organizational and staff activities and who have reached the day of dismissal of 45 years of age, having a total length of service of 25 calendar years or more, of which at least 12 years 6 months is military service. At the same time, the provision of pensions to military personnel in the Armed Forces and other military formations of the States Parties to the Agreements is carried out in accordance with the legislation of the state on whose territory they live, including when a pensioner moves to a permanent place of residence in another State Party to the Agreement.

So, for example, F. filed a lawsuit against the military commissariat of the Rostov region on imposing the obligation to extend the payment of a pension for years of service on the territory of the Russian Federation starting from January 1, 2014. In support of the claims, Filatova E.N. indicated that she is a citizen of the Russian Federation, until January 2013 she lived on the territory of the Republic of Kazakhstan. On January 1, 2006, the Provision Center of the Ministry of Defense of the Republic of Kazakhstan granted her a pension for the length of service for part-time service in accordance with subpara. 2 p. 1 art. 61 of the Law of the Republic of Kazakhstan "On pension provision in the Republic of Kazakhstan" in connection with military service. Due to moving to a permanent place of residence in the Russian Federation, she applied to the military commissariat of the Rostov region with an application to extend the payment of a pension for long service on the territory of the Russian Federation. This application was satisfied, and from 1 March 2013, the payment of her pension was extended in full. February 12, 1993 N 4468-1 "On pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" she had not reached the age of 45 at the time of her discharge from military service in order to become eligible for a service pension. She believed that the defendant's actions to stop the payment of a pension are illegal, since international agreements provide for the right of military personnel discharged from military service in the territory of another state to receive a similar pension that was assigned in another state, in this case in the Republic of Kazakhstan, thereby terminating the payment pensions violated her right, as a citizen of the Russian Federation, to full pension coverage. She asked to recognize her right to resume the payment of a pension for years of service from January 1, 2014, to impose on the defendant the obligation to calculate and pay a pension. The defendant's representative denied the claim. By the decision of the Oktyabrsky District Court of Rostov-on-Don dated March 31, 2014, the claim was satisfied. The military commissariat of the Rostov region was entrusted with the duty to appoint E.N. Filatova. retirement pensions in the territory of the Russian Federation starting from January 1, 2014 regional court dated May 26, 2014 the decision of the court of first instance was upheld.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having considered in an open court session on February 2, 2015 civil case No. 41-KG14-36 on the claim of F. against the military commissariat of the Rostov Region, established the following: As follows from the circumstances of the case established by the court, F. at the time of dismissal from the armed forces of the Republic of Kazakhstan did not reach the age of 45 years, as one of the necessary conditions for the appointment of a pension for long service on the territory of the Russian Federation when she was resettled for permanent residence in the Russian Federation. She was granted a pension by the Ministry of Defense of the Republic of Kazakhstan for part-time service. Since the provision of pensions to persons who have served in the Armed Forces of the member states of the Commonwealth is carried out on the territory of the Russian Federation in accordance with the norms of the Law of the Russian Federation of February 12, 1993 N 4468-1, Filatova E.N. when resettling for permanent residence in the Russian Federation, the right to appoint and pay a pension for long service did not arise. Under such circumstances, the Judicial Board considers that the courts incorrectly applied the substantive law when establishing the presence of Filatova E.N. the right to receive a pension for long service, provided for by the legislation of the Russian Federation. In view of the foregoing, the appealed judicial decisions cannot be recognized as legal, since they were adopted with significant violations of substantive law that affected the outcome of the case, without their elimination it is impossible to restore and protect the violated rights and legitimate interests of the military commissariat of the Rostov region, which, according to Art. 387 of the Code of Civil Procedure of the Russian Federation is the basis for the cancellation of the appealed court decisions. Taking into account that the circumstances relevant to the case were established by the court of first instance, the Judicial Collegium finds it possible, by canceling the court decisions, to take a new decision on the case to refuse to satisfy the claims of F., without transferring the case for a new consideration, since the courts an error has been made in the application of substantive law. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, guided by Art. 387, 388, 390 of the Code of Civil Procedure of the Russian Federation, determined: the decision of the Oktyabrsky District Court of Rostov-on-Don dated March 31, 2014 and the appeal ruling of the Judicial Collegium for Civil Cases of the Rostov Regional Court dated May 26, 2014 should be canceled. Adopt a new decision on the case, which, in satisfying the claims of F. to the military commissariat of the Rostov region on imposing the obligation to extend the payment of a pension for years of service on the territory of the Russian Federation, starting from January 1, 2014, to refuse * (73).
Pensions assigned in accordance with Law N 4468-I are one of the types state pensions.

At the same time, the rules (conditions, norms, preferential bases for accrual, the procedure for assigning and paying) established for labor and social pensions differ significantly from the rules established for pensions assigned to persons dismissed from military service.
For the appointment of a pension in accordance with Law N 4468-I, Art. 18 of this Law defines the concept of length of service, which counts periods of military and equivalent service. Thus, the Economic Court * (74), having studied the current legislation of the CIS member states, came to the conclusion that when a state party to the Agreement of May 15, 1992 assigns a pension to a serviceman, his service in another state party to the Agreement is counted in length of service, in including on a preferential basis, on the basis of the legislation of this other state, adopted both before and after the signing of the Agreement of May 15, 1992. As for the procedure for calculating length of service, defined by Part 1 of Art. 2 of the Agreement of May 15, 1992, the Economic Court considered that it should apply to servicemen who served in the territories of other states - parties to the Agreement of May 15, 1992, including during their entry into the USSR, and realizing the right to pension provision after the adoption by the state of the place of service of the relevant legislation.
In accordance with paragraph "a" Art. 1 of the Law of the Russian Federation "On pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" dated February 12 1993 N 4468-I (hereinafter - the Law of the Russian Federation of February 12, 1993 N 4468-I) this Law applies to persons who have served in military service, service in internal affairs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system in other states, and the families of these persons - provided that the contracts (agreements) on social security concluded by the Russian Federation or the former USSR with these states provide for the implementation of their pension provision under the legislation of the state, in which area they live.

By virtue of Art. 4 of the Law of the Russian Federation of February 12, 1993 N 4468-I pension provision of persons living in the territory of the Russian Federation who have served in the Armed Forces (armies, troops), security agencies and other military formations created in accordance with the law or service in the bodies of internal affairs, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system of other states - members of the CIS and states that are not members of the CIS, with which the Russian Federation or the former USSR have concluded agreements (agreements) on social security , as well as the families of the above persons, is carried out in the manner prescribed by these contracts (agreements).
According to paragraph "b" of Art. 11 of the Law of the Russian Federation of February 12, 1993 N 4468-I, the Ministry of Internal Affairs of the Russian Federation provides pensions for military personnel dismissed from the internal troops and paramilitary fire brigade, private and commanding personnel dismissed from the internal affairs bodies of the Russian Federation, the State fire service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, federal tax police bodies, as well as members of their families.

Therefore, if a citizen was, for example, in the service of the paramilitary fire brigade of the Ministry of Internal Affairs of the Kyrgyz SSR, and after the declaration of state sovereignty of the Republic of Kyrgyzstan on December 15, 1990, he served in the Ministry of Emergency Situations of the Republic of Kyrgyzstan, to which the fire service was transferred, and subsequently was dismissed on August 5, 2008 to the reserve, having moved to a permanent place of residence on the territory of the Russian Federation, then he is entitled to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation. So they did with gr. R. in the military commissariat of the Volgograd region, when he entered the military register as being in the reserve, while transferring his pension file to the Pension Service Center, directly subordinate to the Main Directorate of Internal Affairs for the Volgograd Region. However, gr. R. was denied a long service pension by the Ministry of Internal Affairs of the Russian Federation, the refusal was motivated by the lack of legal grounds for the relevant payments, including the appointment of a long service pension, since the unit in which Mr. R., had a military status and was not included in the system of internal affairs bodies, as well as the absence to date of an interstate agreement on the procedure for providing pensions to employees of the Ministry of Emergency Situations. The Court of First Instance, where Mr. R., for the protection of his violated rights to pension provision, satisfying the claims, was based on the norms of interstate agreements "On guarantees of the rights of citizens of the CIS member states in the field of pension provision" dated March 13, 1992 and "On the procedure for pension provision and state insurance of employees internal affairs bodies of the CIS member states" of December 24, 1993, ratified, in particular, by the Russian Federation and the Republic of Kyrgyzstan, as well as on the provisions of the Law of the Russian Federation of February 12, 1993 N 4468-I and came to the conclusion that that gr. R. has the right to receive a pension for long service at the expense of the funds and through the Ministry of Internal Affairs of the Russian Federation. Disagreeing with this decision of the court of first instance, representatives of the Main Department of Internal Affairs for the Volgograd Region, which is in charge of the Pension Service Center, appealed against this court decision by cassation at that time. The Court of Cassation dismissed the claim of Mr. R., pointing out that the legal grounds for recognition for c. R. does not have the right to receive a pension for long service in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-I, since he had such a right and the pension was assigned to him at his former place of residence in the Kyrgyz Republic.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation did not agree with this conclusion of the court of cassation, which, in the ruling of July 6, 2012 in civil case No. 16-VPR12-11, indicated that the court of cassation came to the above conclusion based on on the misinterpretation and application of the norms of substantive and procedural law governing the legal relationship that has arisen, since c. Prior to moving to the Russian Federation, R. was a recipient of a pension for long service and, upon moving, acquired the corresponding right to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation on the basis of the Agreement of the CIS countries "On Guarantees of the Rights of Citizens of the CIS Member States in the Field of Pension provision" dated March 13, 1992. A different interpretation of the above-mentioned norms of the international Agreement would restrict the rights of citizens of the Russian Federation to receive pensions in cases and in the amounts determined by the current legislation.
Thus, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having considered civil case No. 16-VPR12-11 on July 6, 2012, canceled the decision of the Judicial Collegium for Civil Cases of the Volgograd Regional Court of June 29, 2011 and upheld the court decision of the first instance regarding the recognition of the right of c. R. to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation.

Establishing the procedure for calculating length of service for assigning a pension to persons who have served in the military, in accordance with Part 3 of Article 18 of Law N 4468-I, is within the exclusive competence of the Government of the Russian Federation.
The procedure for calculating the length of service, the appointment and payment of pensions is established by the Decree of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941.
As can be seen from Part 1, Clause 2 of the said Decree, in the length of service for the appointment of a pension to officers assigned to military service from the reserve, taking into account the specialty received in a civilian educational institution, as well as those determined for military service under the specified condition to female officers who were not in the reserve, the time of their training before being assigned to military service in civilian higher educational institutions that had cycles or departments of military training is counted up to five years at the rate of one year of study for six months.
The second part of this paragraph establishes that in the length of service for the appointment of a pension to employees of the internal affairs bodies, it is necessary to count the time of their training before entering the service in civil higher educational institutions or in secondary specialized educational institutions within five years at the rate of two months of study for one month of service .

An analysis of the above legislative and regulatory acts allows us to conclude that the current military pension legislation does indeed provide for the possibility of including in the length of service the time of studying in civil higher education. educational institution or in secondary specialized educational institutions within the appropriate calculation limits, but only when assigning a pension under paragraph "a" of Art. 13 of the Law of the Russian Federation N 4468-I, and when assigning a pension under paragraph "b" of Art. 13 of Law N 4468-I, i.e. for mixed length of service, the period of study in a civilian higher educational institution or in secondary specialized educational institutions is not subject to inclusion in the length of military service. This conclusion is also confirmed by judicial practice.

So, the Judicial Collegium for Civil Cases of the Ulyanovsk Regional Court, having considered on December 4, 2012 in open court case N 33-3670/2012 on the appeal of gr. S. on the decision of the Leninsky District Court of Ulyanovsk dated August 31, 2012, according to which it was decided: in satisfaction of the claim of gr. S. to the military commissariat of the Ulyanovsk region on the recognition of illegal refusal to grant a pension for long service, the obligation to grant a pension for long service, to completely refuse compensation for moral damage, established that when assigning a pension for mixed length of service, the period of study in a civilian higher educational institution is not subject to inclusion in the experience of military service or service in institutions and bodies of the penitentiary system. Taking into account the fact that during the consideration of the case by the court there were no violations of the norms of substantive and procedural law, a correct legal assessment was given to all legally significant circumstances in the case, there are no grounds for canceling the decision of the court of first instance * (75).

But what if a citizen of one of the CIS countries, for example, the Republic of Armenia, received a military pension for long service, and then, in connection with the adoption of citizenship of the Russian Federation and departure to the territory of the Russian Federation for permanent residence, payment to him military pension for the length of service was terminated by the Ministry of Defense of the Republic of Armenia?
Analyzing the current legislation in this area, we come to the following "superficial" conclusion:
The member states of the Commonwealth of Independent States, which includes the Republic of Armenia and the Russian Federation, have concluded the following international treaties in the field of pensions for citizens and military personnel:
1) Agreement on social and legal guarantees for military personnel, persons discharged from military service and members of their families of February 14, 1992;
2) Agreement on Guarantees of the Rights of Citizens of the States Members of the Commonwealth of Independent States in the Field of Pensions of March 3, 1992;
3) Agreement on the procedure for pension provision for military personnel and their families and state insurance for military personnel of the CIS Member States dated May 15, 1992.
These agreements were adopted on the basis of Art. 30, 31 of the Vienna Convention on the Law of Treaties of May 23, 1969 and establish social and legal guarantees for military personnel, persons discharged from military service, and members of their families, and as a fundamental principle provide for the preservation of the level of rights and benefits previously granted to military personnel , persons discharged from military service, and members of their families by the legislation of the former USSR, and the inadmissibility of their unilateral restriction. The CIS member states have been granted the right to take measures aimed at strengthening social protection, including pensions, for this category of citizens. Compliance by the CIS member states with the principle of maintaining the level of previously granted rights and benefits in the field of pension provision ensures the realization of the right to receive a pension for long service, which arose in one state party to the Agreement of May 15, 1992, when a pensioner - a former military man moves to a permanent place residence in any of the states - parties to this Agreement. This interpretation of the current regulations international law given in the decision of the Economic Court of the CIS dated February 6, 2009 N 01-1 / 2-08. On the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, if an international treaty of the Russian Federation establishes rules other than those provided for by law, the court shall apply the rules of the international treaty. In connection with the above, at the first, "superficial" glance, it seems that the citizens of the Russian Federation, dismissed from military service from the armed forces of the CIS member states and, according to the legislation of these states, who are entitled to receive a military pension for long service, retain the same the right to pay a pension for long service and on the territory of the Russian Federation. However, this is true only if these citizens have a length of service established by Russian legislation that has retained the level of rights and benefits previously granted to military personnel by USSR legislation.

An illustrative example in this case is the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, which indicated the following circumstances of the civil case:
The court found that from June 1, 1993 to April 4, 2002 gr. A. did military service in ... a military unit ... as a personnel inspector with the rank of senior warrant officer in the city ... of the Republic ...
Since April 4, 2002 gr. A. was assigned a military pension for long service, which she received until March 1, 2007, when the payment of the pension by the Republic of Armenia to the plaintiff was terminated due to the fact that gr. A. accepted the citizenship of the Russian Federation. Since that date in the Russian Federation, the plaintiff has been a recipient of a disability pension.
After the termination of the payment of pensions by the Republic of Armenia gr. A. applied to the Ministry of Defense of the Russian Federation with an application for a seniority pension, but she was refused due to insufficient military service for the appointment of this type of pension provision under the legislation of the Russian Federation - 8 years 10 months 3 days instead of the required 20 years (or 12 years 6 months upon dismissal from military service on separate grounds).

Deciding on the recognition of this refusal illegal and the appointment of c. A. long service pensions through the Ministry of Defense of the Russian Federation from the moment of application, the court referred to the interpretation of Art. 7 of the Agreement on Guarantees for Citizens of the Member States of the Commonwealth of Independent States in the Field of Pensions of March 13, 1992 and Art. 1 Agreement on the procedure for pension provision of military personnel and their families and state insurance of military personnel of the member states of the Commonwealth of Independent States dated May 15, 1992, given in the decision of the CIS Economic Court N 01-1 / 2-08 (Minsk, February 6, 2009 .).
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, in ruling No. 37-v11-7 of January 27, 2012, repealing the decisions of the court of first and second instances, pointed out that the judicial authorities had established that in the Republic of Armenia, c. A. was awarded a military service pension, which she received from April 2002 to March 2007, if she had a military service of 8 years 10 months 3 days. There is no legal assessment of these circumstances in the court decision.
The materials of the case do not contain documents and references to the norms of law that testify to the procedure and mechanism for assigning a pension to the plaintiff in the Republic of Armenia, there are no data established according to which the national legislation of the Republic of Armenia establishes a more preferential or other procedure for providing pensions to military personnel than that provided for military personnel by the legislation of the former Union SSR.

In our opinion, it is necessary to emphasize the fact that the courts of the first and second instances, satisfying the requirements of the plaintiff gr. A., they didn’t even think about the fact that citizens dismissed from military service, under the current Russian legislation, are entitled to a mixed military pension only if there are certain conditions in the aggregate, one of which is the presence of a length of service in military service of at least 12.5 years *(76).

Analyzing the current legislation on the territory of the Russian Federation, we can come to the following conclusion.
By virtue of Art. 11 Code of Civil Procedure of the Russian Federation, the court is obliged to resolve civil cases on the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal state authorities, constitutions ( statutes), laws, other regulatory legal acts of public authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments. The court resolves civil cases based on the customs of business turnover in cases provided for by regulatory legal acts. If an international treaty of the Russian Federation establishes other rules than those provided for by law, the court, when resolving a civil case, applies the rules of the international treaty.

In accordance with Art. 32 of the Charter of the Commonwealth of Independent States, adopted in Minsk on January 22, 1993, the Economic Court operates to ensure the fulfillment of economic obligations within the Commonwealth. The jurisdiction of the Economic Court includes the resolution of disputes arising from the performance of economic obligations. The Court may also resolve other disputes referred to its jurisdiction by agreements of the Member States. The Economic Court has the right to interpret the provisions of agreements and other acts of the Commonwealth on economic issues. The Economic Court carries out its activities in accordance with the Agreement on the Status of the Economic Court and its Regulations approved by the Council of Heads of State. The Russian Federation is among other CIS member states, having ratified the CIS Charter by Resolution of the Supreme Council of the Russian Federation of April 15, 1993 N 4799-I, which entered into force for the Russian Federation on July 20, 1993, and the Agreement on the Status of the Economic Court of the Commonwealth of Independent States , delegated to the Economic Court the right of official interpretation, which is binding. Thus, the interpretation of the application of Art. 7 of the Agreement on Guarantees of the Rights of Citizens of the States Members of the Commonwealth of Independent States in the Field of Pensions of March 13, 1992 and Art. 1 of the Agreement on the procedure for providing pensions for military personnel and their families and state insurance for military personnel of the member states of the Commonwealth of Independent States dated May 15, 1992, given in the decision of the CIS Economic Court N 011 / 2-08 (Minsk, February 6, 2009), has mandatory for the Russian Federation. From the decision of the CIS Economic Court N 01-1/2-08 it follows that, in accordance with Art. 1 of the Agreement of May 15, 1992 (the said Agreement was signed by Russia and Armenia) pension provision for the military personnel of the Armed Forces of the Commonwealth member states and other military formations created by the legislative bodies of these states, the Joint Armed Forces of the Commonwealth, the Armed Forces and other military formations of the former USSR , as well as pensions for the families of these military personnel are carried out on the conditions, according to the norms and in the manner that are established or will be established by the legislation of the participating states, in whose territories the specified military personnel and their families live, and until these states adopt legislative acts on these issues - on conditions, according to the norms and in the manner established by the legislation of the former USSR.

The Economic Court of the CIS notes that this norm establishes the principle of territoriality, which means the provision of pensions for military personnel in accordance with the legislation of the state of the place of permanent residence. In Art. 1 of the Agreement of May 15, 1992, in addition, provides: "in this case, the level of pension provision for military personnel and their families, established by the legislation of the participating States, cannot be lower than the level previously established by legislative and other normative acts of the former USSR." Thus, in this norm, along with the principle of territoriality, the requirement imposed by an international treaty on legal acts of national legislation is fixed - the preservation of the level of rights and benefits previously granted to military personnel, persons discharged from military service, and members of their families by the legislation of the former USSR . Economic Court of the CIS, based on the provisions of Art. 1 of the Agreement of May 15, 1992, in the decision, he believes that in order to assess the level of pension provision for military personnel, the qualitative state of their rights in the field of pension provision is important, to determine which it is necessary to take into account the conditions, norms and procedure for granting pensions established by national legislation. In this regard, length of service, being a condition for granting a pension to military personnel in all participating States, is one of the components of the level of their pension provision. Taking into account the principle of maintaining the level of rights and benefits previously granted to military personnel by the legislation of the former USSR, the conditions for granting a pension for long service, provided for by national legislation, should not worsen the legal status of this category of citizens in comparison with the conditions established by the USSR Law "On pensions for military personnel" dated April 28, 1990 N 1467-I. Article 13 of the Law of the USSR "On pensions for military personnel" dated April 28, 1990 N 1467-I, which was in force until February 1, 1993, provided that the following had the right to a pension for long service:
a) officers, warrant officers, midshipmen and long-term military servicemen, persons in command and rank and file of the internal affairs bodies who, on the day of dismissal from service, have served in the military service or in the service in the internal affairs bodies for 20 years or more;
b) persons of the officers and persons of the middle, senior and senior commanding staff of the internal affairs bodies, dismissed from service due to age, illness, reduction in staff or limited health and who have reached the age of 50 on the day of dismissal, having a total length of service of 25 calendar years and more, of which at least 12 years and 6 months is military service or service in the internal affairs bodies.
Thus, according to the above Law of the USSR, c. And there would be no right to a pension for long service, since a necessary condition for its appointment for a senior warrant officer was at least 20 years of military service or at least 12 years 6 months (with a total length of service of 25 calendar years or more).
The court of first instance came to the same conclusion during the new consideration of the civil case, taking into account the position of the cassation court set forth in the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 27, 2012 N 37-B11-7, while pointing out that that the right to receive a superannuation pension, designated c. A., as a former serviceman of the Republic of Armenia, is not preserved in Russia as in the state chosen as her permanent place of residence. In addition, as the court of first instance correctly pointed out in its decision, which entered into legal force, “the plaintiff is the recipient of a labor pension on the basis of the provisions of Federal Law No. 173-F3 of December 17, 2001 “On labor pensions in the Russian Federation" and until the specified circumstances change, he has no right to simultaneously receive a pension on various grounds" * (77).
Based on the foregoing, we also come to the following main conclusions:
Firstly, service (including on preferential terms) in the armed forces and other military formations specified in Art. 1 of the Agreement, in the manner prescribed by the legislation of the participating States, in the territories of which the military personnel served.

Secondly, the amount of monetary allowance (earnings) for assigning pensions to military personnel and their families is determined in accordance with the procedure established by the legislation of the participating States in whose territories the military personnel or their families live.
Thirdly, if the state in which the serviceman served establishes a preferential procedure for calculating length of service for the period of service in this state, the state authorities at the place of chosen residence of the serviceman must make an appropriate calculation, and if the length of service calculated when assigning a pension , including on preferential terms, at the place of military service in one of the states parties to the Agreement of May 15, 1992, a serviceman who has been discharged from military service and moved to a permanent place of residence in another state party is not subject to recalculation at a new place of residence *(78).
Fourthly, when a state party to the Agreement of May 15, 1992 assigns a pension to a serviceman, his service in another state party to the Agreement is counted towards length of service, including on a preferential basis, on the basis of the legislation of that other state, adopted both before and and after the signing of the Agreement of May 15, 1992;
Fifthly, citizens of the Russian Federation who are discharged from military service from the armed forces of the CIS member states and, under the laws of these states, who are entitled to receive a military pension for long service, retain the same right to pay a pension for long service on the territory of the Russian Federation. , provided that these citizens have a length of service established by Russian legislation that has retained the level of rights and benefits previously granted to military personnel by the legislation of the USSR;
Sixth, in order to acquire the right to the so-called " mixed pension"for length of service in the Russian Federation, a citizen, including a citizen dismissed from military service from the Armed Forces of the CIS member states, who arrived on the territory of the Russian Federation for permanent residence, must simultaneously meet three conditions:
dismissal from military service on one of three grounds: in connection with reaching the age limit for military service; due to illness; in connection with organizational and staff activities;
reaching the age of 45 on the day of dismissal;
availability on the day of dismissal seniority 25 years or more, of which at least 12.5 years is military service.
The absence of at least one of these conditions deprives a person dismissed from military service of the right to a pension for long service.

« On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families»

(as amended on November 28, December 27, 1995, December 19, 1997, July 21, 1998, June 1, 1999, December 6, 2000, April 17, December 30, 2001, January 10, March 4 , May 29, June 12, 30, July 25, 2002, January 10, June 30, 2003, June 29, August 22, December 29, 2004, February 2, December 21, 30, 2006, 1, 3 December 2007, February 13, May 8, July 22, 2008, April 28, July 24, November 9, 2009, June 21, December 10, 2010, July 1, 19, 2011)

Section I General provisions

* Article 1. Persons covered by this Law
* Article 2 "On labor pensions in the Russian Federation" and the Federal Law "On state pension provision in the Russian Federation"
* Article 3. Persons equal in pension provision to those who served in the military as officers or under a contract and their families
* Article 4
* Article 5. Types of pensions
* Article 6. Realization of the right to pension provision
* Article 7. The right to choose a pension
* Article 8
* Article 9. Payment of benefits
* Article 10. Funds for the payment of pensions
* Article 11. Federal executive authorities providing pensions
* Article 12 Additional social guarantees

* Article 13. Conditions determining the right to a pension for years of service
* Article 14. Pension amounts
* Article 15. The minimum amount of pension for years of service
* Article 16
* Article 17
* Article 18. Calculation of length of service for the appointment of a pension

Section III. disability pension

* Article 19. Conditions determining the right to a disability pension
* Article 20. Establishment of disability
* Article 21. Categories of disabled people
* Article 22. Pension amounts
* Article 23. Minimum disability pension
* Article 24. Additions to the disability pension
* Article 25. Period for which a disability pension is granted
* Article 26
* Article 27

Section IV. survivor's pension

* Article 28. Conditions determining the right to a survivor's pension
* Article 29. Family members entitled to a pension
* Article 30. The right to a pension on preferential terms
* Article 31. Family members of the deceased who are considered dependents
* Article 32 (repealed)
* Article 33. The right to a pension of adoptive parents and adopted children
* Article 34. The right to a pension of a stepfather and stepmother, stepson and stepdaughter
* Article 35. Maintaining a pension upon entering into a new marriage
* Article 36. Pension amounts
* Article 37. The minimum size of the survivor's pension
* Article 38. Supplements to the survivor's pension
* Article 39. Period for which a pension is granted
* Article 40. Allocation of the share of the pension
* Article 41. Termination of payment of a pension in case of loss of the right to it
* Article 42. The procedure and terms for establishing disability for family members of the deceased

Section V. Calculation of pensions

* Article 43. Monetary allowance for calculating pensions
* Article 44. Calculation of pensions for families of pensioners
* Article 45. Increasing pensions for certain categories of pensioners
* Article 46
* Article 47 (repealed)
* Article 48. Application of district coefficients to the amount of pensions
* Article 49

Section VI. Appointment and payment of pensions

* Article 50. Organization of work on pension provision
* Article 51. Application for the appointment of pensions
* Article 52. Consideration of applications for the appointment of pensions
* Article 53. Deadlines for assigning pensions
* Article 54. Day of applying for a pension
* Article 55
* Article 56. The general procedure for the payment of pensions and the bodies paying them
* Article 57. Payment of pensions to pensioners in the presence of earnings or other income
* Article 58. Payment of a pension not received on time by a pensioner
* Article 59 (deleted)
* Article 60 (deleted)
* Article 61 (repealed)
* Article 62. Pension deductions
* Article 63. Payment of a pension in the event of the death of a pensioner
* Article 64. Pension provision when traveling abroad
* Article 65. Disputes on pension issues
____________________________________________________

Section I. General Provisions

Article 1. Persons covered by this Law

The conditions, norms and procedure for pension provision provided for by this Law shall apply:

persons who served in the military as officers, warrant officers and midshipmen or military service under the contract as soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation and the United Armed Forces of the Commonwealth of Independent States, the Federal Border Service and the border service of the Russian Federation, internal and railway troops, federal government communications and information agencies, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation, and the families of these persons (for except for the persons specified in paragraph "b" of this article, and their families);

officers, warrant officers and midshipmen who served in the Armed Forces, troops and bodies of the State Security Committee, internal and railway troops, other military formations of the former USSR, and the families of these persons (with the exception of the persons specified in paragraph "b" of this articles, and their families);

private and commanding officers who served in the internal affairs bodies of the Russian Federation, the former USSR, in the State Fire Service, in the bodies for controlling the circulation of narcotic drugs and psychotropic substances and in institutions and bodies of the penitentiary system, and the families of these persons ( with the exception of the persons specified in paragraph "b" of this article, and their families);

persons referred to in Article 4 of this Law who have served in the military, served in the internal affairs bodies, bodies for the control of the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system in other states, and the families of these persons - provided that treaties (agreements) on social security concluded by the Russian Federation or the former USSR with these states provide for the implementation of their pension provision under the legislation of the state in whose territory they live;

b) for persons who served in the military as officers, warrant officers and midshipmen or military service under the contract as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and the bodies of the border service of the Russian Federation, internal and railway troops, federal bodies government communications and information, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR, and in institutions and bodies of the penitentiary system created in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States for private and commanding officers who served in the internal affairs bodies of the Russian Federation and the former USSR, the bodies for controlling the circulation of narcotic drugs and psychotropic substances, in the State Fire Service, and in institutions and bodies of criminal of the executive system, and the families of these persons who live in the states - the former republics of the USSR that are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the provision of their pensions on the grounds established for persons who have served in the military, served in the internal affairs bodies and their families.

Article 2 On Labor Pensions in the Russian Federation” and the Federal Law “On State Pension Provision in the Russian Federation”

Pension provision of persons who have been conscripted as soldiers, sailors, sergeants and foremen (formerly active military service) in the armed forces and military formations specified in paragraph "a" of Article 1 of this Law, and the families of these persons is carried out in in accordance with the Federal Law of December 15, 2001 N 166-FZ "On State Pension Provision in the Russian Federation" (hereinafter - the Federal Law "On State Pension Provision in the Russian Federation").

On the terms and in accordance with the norms established by the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" (hereinafter - the Federal Law "On labor pensions in the Russian Federation") and the Federal Law "On state pension provision in the Russian Federation" Federation, pensions may be granted to the persons residing in the Russian Federation, specified in Article 1 of this Law, and to the families of these persons at their request.

On the grounds established by the Federal Law "On Labor Pensions in the Russian Federation", pensions are also assigned to former military personnel and persons in command of the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system deprived of military or special ranks in accordance with the procedure established by law, and their families if they have the right to pension provision in accordance with the specified Federal Law.

Article 3

Persons who during the Great Patriotic War occupied command positions in Soviet partisan detachments and formations corresponding to the positions held by officers and their families are assigned pensions on the grounds provided for by this Law for persons who served in the military as officers and their families. On the same grounds, pensions are awarded to former conscripts who, during the Great Patriotic War, occupied positions in military units, headquarters and institutions of the active army, corresponding to the positions occupied by officers, and their families.

Persons who were in long-term military service (former long-term military servicemen), women who voluntarily performed active military service in the positions of soldiers, sailors, sergeants and foremen (former female military personnel), and their families are assigned pensions on the grounds provided for by this Law for persons who did military service under the contract as soldiers, sailors, sergeants and foremen, and their families.

Article 4

Pension provision for persons residing on the territory of the Russian Federation who have served in the military as officers, warrant officers, midshipmen and long-term servicemen or military service under the contract as soldiers, sailors, sergeants and foremen in the armed forces (armies, troops), security agencies and others military formations created in accordance with the legislation or service in the internal affairs bodies, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system of other states - members of the Commonwealth of Independent States and states that are not members of the Commonwealth of Independent States, with by which the Russian Federation or the former USSR have concluded treaties (agreements) on social security, as well as the families of these persons, is carried out in the manner prescribed by these treaties (agreements).

Article 5. Types of pensions

The persons specified in Article 1 of this Law acquire the right to pensions:

a) for length of service, if they have the length of service provided for by this Law in the military service and (or) in the service in the internal affairs bodies, and (or) in the service in the State Fire Service, and (or) in the service in the bodies for control over turnover narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies of the penitentiary system;

b) due to disability, if they became disabled under the conditions provided for by this Law.

In the event of the death or death of the persons referred to in Article 1 of this Law, their families, subject to the conditions provided for by this Law, shall acquire the right to a survivor's pension.
Families of deceased pensioners from among the persons specified in Article 1 of this Law are entitled to a pension in the event of the loss of a breadwinner on a common basis with the families of persons who died during the period of service.

Article 6. Realization of the right to pension provision

Persons referred to in Article 1 of this Law, who are entitled to pensions, pensions are assigned and paid after their dismissal from service. Disability pensions for these persons and survivors' pensions for their families are awarded regardless of the length of service.

Article 7. Right to choose a pension

The persons referred to in Article 1 of this Law and their families, who simultaneously have the right to various pensions in accordance with the legislation of the Russian Federation, one pension of their choice is established (except for the cases provided for by this article and the Federal Law "On State Pension Provision in the Russian Federation").

The spouses of the persons referred to in Article 1 of this Law, who died due to the causes listed in paragraph "a" of Article 21 of this Law (except for cases when the death of the said persons occurred as a result of their unlawful actions), who have not remarried, shall have the right to simultaneous receipt of two pensions. They may be entitled to a survivor's pension provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or social pension for the loss of a breadwinner).

Parents of the persons specified in Article 1 of this Law, who died (died) due to the reasons listed in paragraph "a" of Article 21 of this Law (except for cases when the death of these persons occurred as a result of their illegal actions), have the right to simultaneously receive two pensions. They may be entitled to a survivor's pension provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or a social survivor's pension).

The persons specified in Article 1 of this Law, if there are conditions for granting an old-age labor pension, are entitled to simultaneously receive a pension for service or a disability pension provided for by this Law, and an old-age labor pension (with the exception of a fixed base size the insurance part of the old-age labor pension), established in accordance with the Federal Law "On labor pensions in the Russian Federation".

Article 8

Persons referred to in Article 1 of this Law who have been exposed to radiation during explosions and tests of nuclear weapons or as a result of accidents at nuclear facilities for civil and military purposes, as well as during the elimination of the consequences of these accidents, and the families of these persons are provided with additional preferential conditions for the appointment of pensions , bonuses to pensions, allowances and compensations are paid in accordance with the legislation of the Russian Federation on the social protection of citizens exposed to radiation.

Article 9 Payment of benefits

Persons referred to in Article 1 of this Law, dismissed from service, disabled pensioners from among these persons and family members of deceased pensioners are paid benefits in the manner and amount determined by the legislation of the Russian Federation and regulations of the Government of the Russian Federation.

Article 10. Funds for the payment of pensions

The payment of pensions to the persons specified in Article 1 of this Law and their families shall be provided at the expense of the federal budget. At the same time, the financing of expenses for the payment of pensions is carried out in a centralized manner.

The payment of pensions provided for by the Federal Law "On Labor Pensions in the Russian Federation" and the Federal Law "On State Pension Provision in the Russian Federation" for military personnel, persons equal in pension provision to military personnel, and their families, is carried out in accordance with these federal laws.

Article 11

Pension provision of the persons specified in Article 1 of this Law and their families, depending on the last place of service of these persons, is carried out:

a) by the Ministry of Defense of the Russian Federation - in relation to servicemen dismissed from the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the Russian Federation, railway troops and other military units of the Russian Federation created in accordance with the legislation of the Russian Federation (except for the formations listed in paragraphs "b ” and “c” of this article), persons specified in the first part of Article 3 of this Law, as well as their families;

b) the Ministry of Internal Affairs of the Russian Federation - in relation to servicemen dismissed from the internal troops and paramilitary fire protection, private and commanding personnel dismissed from the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Liquidation the consequences of natural disasters, the federal tax police, as well as their families;

c) the Federal Security Service of the Russian Federation - in relation to servicemen dismissed from the federal security service (counterintelligence) and border troops, foreign intelligence agencies, the Federal Border Service and the border service of the Russian Federation, federal government communications and information agencies, the federal special communications agency and information from the Main Security Directorate of the Russian Federation, the Security Service of the President of the Russian Federation, the Federal Security Service of the Russian Federation and the Special Objects Service under the President of the Russian Federation, as well as their families;

d) the Federal Penitentiary Service - in relation to employees dismissed from institutions and bodies of the penitentiary system, as well as members of their families;

e) the Federal Service of the Russian Federation for the Control of the Circulation of Narcotic Drugs and Psychotropic Substances - in relation to employees dismissed from the bodies for the control of the circulation of narcotic drugs and psychotropic substances, as well as their families.

Pension provision for the relevant categories of military personnel discharged from service, private and commanding staff of internal affairs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system of the former USSR, other states and their families, specified in paragraphs three and the fifth paragraph "a" and paragraph "b" of Article 1 of this Law, is carried out in accordance with the departmental affiliation provided for in this Article.

Article 12. Additional social guarantees

State authorities of the constituent entities of the Russian Federation, within their powers, may establish additional social guarantees at the expense of their own budgets for pensioners from among the persons specified in paragraph "a" of Article 1 of this Law, and members of their families residing in the territory of the Russian Federation.

Section II. Seniority pension

Article 13. Conditions determining the right to a retirement pension

The following are entitled to a superannuation pension:

a) persons referred to in Article 1 of this Law who, on the day of dismissal from service, have served in the military and (or) in the service in the internal affairs bodies, and (or) in the service of the State Fire Service, and (or) in the service of bodies for control over the circulation of narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies of the penitentiary system for 20 years or more;

b) persons referred to in Article 1 of this Law, dismissed from service upon reaching the age limit for service, health reasons or in connection with organizational and staff measures and who have reached the age of 45 on the day of dismissal, having a total length of service of 25 calendar years and more, of which at least 12 years and six months is military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the bodies for controlling the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penitentiary system.

When determining the right to a seniority pension in accordance with paragraph "b" of part one of this article, the total length of service includes:

a) seniority, calculated and confirmed in the manner that was established for the appointment and recalculation of state pensions before the date of entry into force of the Federal Law "On labor pensions in the Russian Federation";

b) insurance experience, calculated and confirmed in the manner established for the appointment and recalculation of labor pensions by the Federal Law "On labor pensions in the Russian Federation".

Article 14

The retirement pension is set at the following rates:

a) persons referred to in Article 1 of this Law, having a length of service of 20 years or more: for a length of service of 20 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of monetary allowance, but not more than 85 percent of these amounts in total;

b) persons specified in Article 1 of this Law, having a total work experience of 25 calendar years or more, of which at least 12 years and six months is military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Fighting service, and (or) service in the bodies for the control of the circulation of narcotic drugs and psychotropic substances, and (or) service in the institutions and bodies of the penitentiary system: for a total length of service of 25 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 this Law; for each year of service over 25 years - 1 percent of the specified amounts of monetary allowance.

In case of re-determination for military service or for service in the internal affairs bodies, or the State Fire Service, or for service in the bodies for the control of the circulation of narcotic drugs and psychotropic substances, or for service in the institutions and bodies of the penitentiary system specified in this article persons who received a pension, upon their subsequent dismissal from the service, the payment of their pension is resumed based on the length of service and total length of service on the day of the last dismissal.

Article 15

The superannuation pension assigned in accordance with this Law may not be less than 100 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.

Article 16

Seniority pensions granted to persons referred to in Article 1 of this Law shall be increased:

a) persons who became disabled due to military trauma:
disabled people of group I - by 300 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group II - by 250 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group III - by 175 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;

b) persons who became disabled due to a general illness, labor injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions) and who are participants in the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and " and "subparagraph 1 of paragraph 1 of Article 2 of the Federal Law of January 12, 1995 N 5-FZ "On Veterans" (hereinafter - the Federal Law "On Veterans"):

disabled people of group I - by 250 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
invalids of the II group - by 200 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group III - by 150 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;

c) persons awarded the badge “Resident besieged Leningrad", who became disabled due to a general illness, labor injury and other reasons (with the exception of persons whose disability occurred as a result of their unlawful actions):

disabled people of group I - by 200 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
invalids of the II group - by 150 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group III - by 100 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.

Article 17

To the seniority pension assigned to the persons specified in Article 1 of this Law (including those calculated in minimum size), the following surcharges apply:

a) pensioners who are invalids of group I or who have reached the age of 80 - to care for them in the amount of 100 percent of the estimated pension specified in part one of Article 46 of this Law;

b) non-working pensioners who are dependent on disabled family members specified in paragraphs "a", "b" and "d" of the third part of Article 29, Articles 31, 33 and 34 of this Law:

if there is one such family member, - in the amount of 32 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;

if there are two such family members, - in the amount of 64 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;

if there are three or more such family members, - in the amount of 100 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.

The specified allowance is charged only to those family members who do not receive a labor or social pension;

c) pensioners - participants of the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and "i" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans" who are not disabled - in the amount of 32 percent, and persons from among them who have reached the age of 80 - in the amount of 64 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.

The allowance provided for in paragraph "c" of part one of this article shall not be accrued to the pension calculated with the increase provided for in article 16 of this Law.

Article 18

The length of service for assigning a pension in accordance with paragraph "a" of Article 13 of this Law shall include: military service; service in the positions of ordinary and commanding staff in the internal affairs bodies, the State Fire Service; in the bodies for control over the circulation of narcotic drugs and psychotropic substances; service in institutions and bodies of the penitentiary system; service in Soviet partisan detachments and formations; time of work in government and administration bodies, civilian ministries, departments and organizations with the retention in military service or in the personnel of the Ministry of Internal Affairs of the Russian Federation, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system; time of work in the system of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters (fire brigade of the Ministry of Internal Affairs, fire and emergency services of the Ministry of Internal Affairs, State Fire Service of the Ministry of Internal Affairs of the Russian Federation), directly prior to their appointment to positions filled by private and commanding officers and military personnel of the State Fire Service; the time spent in captivity, if the captivity was not voluntary and the serviceman, while in captivity, did not commit a crime against the Motherland; the time of serving the sentence and detention of military personnel, private and commanding officers who were unreasonably prosecuted or repressed and subsequently rehabilitated.

The length of service for assigning a pension to retired officers and persons in command of the internal affairs bodies, the State Fire Service, the bodies for controlling the circulation of narcotic drugs and psychotropic substances may also include the time of their study before being assigned to the service (but not more than five years) from calculating one year of study for six months of service.

The time of service in special conditions is subject to offset in the length of service for the purpose of granting a pension to the persons specified in Article 1 of this Law, in a preferential calculation.

The procedure for calculating length of service for granting a pension to persons specified in Article 1 of this Law is determined by the Government of the Russian Federation.

Continuation of the Law of the Russian Federation No. 4468-I (part 2) .

/Source - base.garant.ru /