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The Constitutional Court allowed prosecutors and lawyers to count their work as judges. Seniority pension for teachers: controversial points

SUPREME COURT OF THE RUSSIAN FEDERATION

DEFINITION

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation consisting of:

presiding P.,

judges G. and K.

considered in open court on July 20, 2015 a civil case on the claim of S. against the Main Directorate of the Ministry of Internal Affairs in the Chelyabinsk Region, the Department of the Ministry of Internal Affairs of the Russian Federation for Miass of the Chelyabinsk Region on recognizing the refusal to grant a seniority pension illegal

on the cassation appeal of the representative of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation in the Chelyabinsk Region by power of attorney I. to the appeal definition Judicial Collegium for Civil Cases of the Chelyabinsk Regional Court of September 11, 2014 No.

Having heard the report of the judge of the Supreme Court of the Russian Federation P., the explanations of the representatives of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation in the Chelyabinsk Region M. and I., who supported the arguments of the cassation appeal,

Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation

established:

S. filed a lawsuit against the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Chelyabinsk Region (hereinafter - the Main Directorate of the Ministry of Internal Affairs of Russia for the Chelyabinsk Region), the Department of the Ministry of Internal Affairs of the Russian Federation for the city of Miass of the Chelyabinsk Region (hereinafter - the OMVD of Russia for the city of Miass ) on recognizing as illegal the refusal to satisfy S.'s report, recognizing the right to receive a seniority pension, imposing the obligation to assign a seniority pension from April 11, 2014.

In support of the stated requirements, S. pointed out that in November 1994 he was called up for military service and during the period of service from October 25, 1995 to January 27, 1996, from April 24, 1996 to October 1, 1996. participated in the liquidation of illegal armed groups in the Chechen Republic, is a veteran of military operations. In the future, he served in the internal affairs bodies and on February 14, 2014, he submitted a letter of resignation from service under p. 4 h. 2 tbsp. 82 Of the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" in connection with retirement due to seniority, however, the report was refused because he did not have the required length of service - 20 years or more. From the calculation of S.'s length of service provided by the employer, it followed that the periods of S.'s service in the Armed Forces of the Russian Federation from October 25, 1995 to January 27, 1996 and from April 24, 1996 to October 1, 1996 were included in the calendar , so the length of service was 18 years 7 months 13 days. S. considered the refusal to satisfy the report illegal, since the time of his participation in hostilities in the Chechen Republic during the indicated periods should be included in the length of service on a preferential basis - at the rate of 1 day of service in 3 days, and therefore his length of service as of 14 February 2014 is 20 years 1 day and he is eligible for a seniority pension.

The defendants' representatives did not admit the claim in court.

By the decision of the Miassky City Court of the Chelyabinsk Region of June 6, 2014, S.'s claim to declare illegal the refusal to grant a seniority pension was denied.

Grounds for canceling or changing court decisions in cassation are significant violations of substantive law or norms of procedural law that influenced the outcome of the case and without which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as protection of public interests protected by law ( art. 387 Of the Civil Procedure Code of the Russian Federation).

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation concludes that in the present case of this nature, significant violations of substantive law were committed by the court of appeal and were expressed as follows.

The court established and follows from the materials of the case that S. in the period from November 1994 to November 1996 did military service by conscription, while from October 25, 1995 to January 27, 1996 and from April 24, 1996 to 1 On October 1996, he took part in the liquidation of illegal armed groups on the territory of the Chechen Republic, which is confirmed by the entry on the military card.

From June 16, 1997, S. served in the internal affairs bodies, from February 7, 2013 - in the position of ... Russian MIA Department for the city of Miass.

April 10, 2014 S. was dismissed from service in the internal affairs bodies for item 1 h. 2 art. 82 Federal Law of November 30, 2011 N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" by agreement of the parties.

In satisfaction of S.'s report on dismissal from service in the internal affairs bodies on p. 4 h. 2 tbsp. 82 Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" (according to the length of service, giving the right to receive a pension) was refused due to the lack of length of service for appointment of a pension.

At the same time, the entire period of S.'s military service, including the controversial periods from October 25, 1995 to January 27, 1996, from April 24, 1996 to October 1, 1996, were included in his length of service in the calendar calculation (1 year 11 months 15 days), in connection with which his length of service at the time of dismissal from service in the internal affairs bodies on April 10, 2014 was 18 years 9 months 9 days.

In resolving the dispute and refusing to satisfy S.'s claims, the first instance court proceeded from the fact that the procedure for calculating the preferential calculation of the duration of military service (service in the internal affairs bodies) and the grounds for its application are established in Decree Of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941 "On the procedure for calculating length of service, the appointment and payment of pensions, compensations and benefits to persons who served in military service as officers, warrant officers, warrant officers and military personnel on long-term service or under a 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 "(hereinafter - Resolution of the Council of Ministers - Government of the Russian Federation of September 22, 1993 No. 941), which do not provide for the possibility of a preferential calculation of the period of service by conscripts in a state of emergency and in armed conflicts.

Since S.'s military service on the territory of the Chechen Republic was conscript, and not under a contract (evidence to the contrary was not presented to the court), the court concluded that the controversial periods of the plaintiff's military service were rightfully counted by the defendant in the length of service in the calendar, and not in the preferential calculus.

The appellate court disagreed with the conclusion of the first instance court and issued a new decision in the case to satisfy S.'s claim based on the following arguments.

By virtue of h. 1 tbsp. 2 Law of the Russian Federation of January 21, 1993 N 4328-1 "On additional guarantees and compensations for military personnel performing military service on the territory of the Transcaucasia, the Baltic States and the Republic of Tajikistan, as well as performing tasks in a state of emergency and in armed conflicts" (hereinafter - the Law Of the Russian Federation of January 21, 1993 N 4328-1) to servicemen doing military service under a contract in the territories of the Transcaucasian states, the Baltic states and the Republic of Tajikistan, for the purpose of assigning a pension in accordance with the legislation on pensions for military personnel, one month of military service is counted in the length of service for a month and a half.

For servicemen performing tasks in a state of emergency and in armed conflicts, for the appointment of a pension, one month of military service for three months is counted in the length of service and work experience ( h. 2 tbsp. 2 of the specified Law).

The procedure for calculating the length of service for the appointment of a pension is determined Decree Of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941, p. 5 which stipulates that conscription military service as soldiers, sailors, sergeants and foremen (formerly - urgent military service), except for periods subject to credit for length of service on preferential terms provided for military personnel of military units, headquarters and institutions of the active army, military personnel who served or were in captivity during the Great Patriotic War, who took part in the work to eliminate the consequences of the accident at the Chernobyl nuclear power plant, or were unreasonably prosecuted or repressed, are counted towards the length of service for the appointment of pensions in calendar terms.

In the opinion of the court of appeal, from the content of the cited provisions of the said regulatory legal acts, it follows that all military personnel who have completed military service by conscription, military service is subject to offset in calendar terms, except for periods subject to credit for seniority on preferential terms, and to which, within the meaning of h. 2 tbsp. 2 The Law of the Russian Federation of January 21, 1993 N 4328-I, refers to the period of performance of tasks by conscripted military personnel in a state of emergency, that is, their actual participation in hostilities in an armed conflict.

Taking into account that S.'s actual participation in hostilities during the armed conflict in the Chechen Republic in the periods from October 25, 1995 to January 27, 1996, from April 24, 1996 to October 1, 1996, that is, passing by him on a conscript basis in special conditions, confirmed in the prescribed manner, the court of appeal concluded that there were legal grounds for crediting the length of service for assigning a seniority pension to S. for the specified period of his military service on conscription at a preferential rate based on one month of military service for three months.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds the conclusions of the court of appeal erroneous, based on the incorrect application and interpretation of substantive law governing disputed relations.

Law Of the Russian Federation of January 21, 1993 N 4328-I, which the court of appeal refers to in support of its conclusions, does not regulate the issues of pension provision for military personnel, but establishes only general conditions for a unified system of their legal and social protection, which are specified in other regulatory legal acts.

In particular, The law Of the Russian Federation of February 12, 1993 N 4468-I "On the pension provision of persons who underwent military service, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system , and their families "(hereinafter - the Law of the Russian Federation of February 12, 1993 N 4468-I) and Federal by 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") established a differentiated procedure for the preferential calculation of the length of service and seniority of servicemen performing tasks in a state of emergency and in armed conflicts.

Pension provision for employees of internal affairs bodies and military personnel, including the calculation of length of service for assigning a pension, is regulated The law Russian Federation of February 12, 1993 N 4468-I.

IN article 1 Law of the Russian Federation of February 12, 1993 N 4468-I lists the persons who are subject to this Of the law , in particular for persons who have served as officers, warrant officers and warrant officers or contract military service as soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other military formations of the Russian Federation, created in accordance with the legislation of the Russian Federation, and the families of these individuals.

By virtue of art. 2 Law of the Russian Federation of February 12, 1993 N 4468-I, pension provision of persons who underwent military service by conscription as soldiers, sailors, sergeants and foremen (previously - active military service) in the armed forces and military formations specified in item "a" art. 1 of this Law, and the families of these persons is carried out in accordance with the Federal by law dated December 15, 2001 N 166-FZ "On state pension provision in the Russian Federation".

According to h. 3 tbsp. 18 Law of the Russian Federation of February 12, 1993 N 4468-I, the procedure for calculating length of service for assigning a pension to persons specified in art. 1 of this Law is determined by the Government of the Russian Federation.

The first paragraph, clause 5 Resolution of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941, issued in pursuance of the requirements Of the law Of the Russian Federation of February 12, 1993 N 4468-1, it was established that military service on conscription as soldiers, sailors, sergeants and foremen (formerly - urgent military service), except for periods subject to credit in length of service on preferential terms provided for for military personnel of military units, headquarters and institutions of the active army, servicemen who served or were in captivity during the Great Patriotic War, who took part in the work to eliminate the consequences of the accident at the Chernobyl nuclear power plant, or were unreasonably prosecuted or repressed, is counted in the length of service for the appointment of pensions in calendar terms.

In accordance with h. 4 art. thirty Of the Federal Law "On Labor Pensions in the Russian Federation" periods of service in military units, headquarters and institutions that are part of the active army, in partisan detachments and formations during hostilities, as well as the time spent on treatment in medical institutions due to military trauma, periods military service in the exclusion zone, determined in accordance with The law Of the Russian Federation of May 15, 1991 N 1244-1 "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" are included in the total length of service threefold.

Item 2 Resolutions of the Supreme Soviet of the Russian Federation of July 21, 1993 N 5481/1-I "On the Procedure for Enactment of the Law of the Russian Federation" On Amendments to the Law of the Russian Federation "On Additional Guarantees and Compensations for Servicemen Doing Military Service in the Territories of the Transcaucasian States, The Baltic states and the Republic of Tajikistan, as well as those performing the tasks of protecting the constitutional rights of citizens in a state of emergency and in armed conflicts "it is indicated that when applying h. 2 tbsp. 2 Law of the Russian Federation of January 21, 1993 N 4328-I "On additional guarantees and compensations for military personnel performing military service in the Transcaucasus, the Baltic States and the Republic of Tajikistan, as well as performing tasks in a state of emergency and in armed conflicts" for the purpose of calculating labor length of service for the appointment of pensions in accordance with article 94 Of the Law of the RSFSR "On State Pensions in the RSFSR" servicemen performing tasks in a state of emergency and in armed conflicts are considered to be serving in the active army.

From the content of the above regulatory provisions, it follows that servicemen doing military service under a contract and performing tasks in a state of emergency and in armed conflicts, the term of service is counted in the length of service in accordance with The law Russian Federation dated February 12, 1993 N 4468-1. For servicemen performing similar tasks on conscription during the period of missions in a state of emergency and in armed conflicts, the service life is counted at a preferential (triple) rate in the length of service in accordance with the Federal by law "On labor pensions in the Russian Federation".

Thus, the court of first instance, resolving the dispute, in contrast to the court of appeal, correctly proceeded precisely from this interpretation of the substantive law norms applicable to the disputed relations, and therefore rightfully did not count the periods of his participation in the length of service in the preferential calculation of S. in the elimination of illegal armed groups on the territory of the Chechen Republic, since he did military service by conscription.

The panel of judges considers the findings of the first instance court that there are no grounds for satisfying S.'s claims to be consistent with the provisions Of the law Russian Federation of January 21, 1993 N 4328-I, Of the law Of the Russian Federation dated February 12, 1993 N 4468-I and Resolutions Of the Government of the Russian Federation of September 22, 1993 N 941, since the rule on the preferential calculation of the length of service and seniority of all servicemen performing tasks in a state of emergency and in armed conflicts should be applied differentially, that is, depending on whether they have served in military service by contract or by conscription, namely: servicemen who served under a contract and performed tasks in a state of emergency and in armed conflicts, the period of such service is counted on a preferential basis in length of service, and for servicemen who performed similar tasks on conscription - in preferential calculation in seniority.

In view of the above, the ruling of the court of appeal, which recognized S. as the right to assign a seniority pension with the inclusion in seniority for the appointment of a pension for periods of participation in hostilities from October 25, 1995 to January 27, 1996, from April 24, 1996 until October 1, 1996, in preferential terms - at the rate of 1 day of service in 3 days, cannot be recognized as legal. It was adopted with a significant violation of substantive law that influenced the outcome of the case, without its elimination, it is impossible to restore and protect the violated rights and legitimate interests of the Main Directorate of the Ministry of Internal Affairs of Russia in the Chelyabinsk region, which, according to art. 387 Of the Civil Procedure Code of the Russian Federation, is the basis for the cancellation of the contested court decision and the upholding of the decision of the Miass City Court of the Chelyabinsk Region of June 6, 2014, upon which the court correctly applied the norms of substantive law to the disputed relations.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, guided by art. 387 , 388 , 390 Civil Procedure Code of the Russian Federation,

defined:

appeal definition Judicial Collegium for Civil Cases of the Chelyabinsk Regional Court from September 11, 2014 to cancel.

________________________________________________________________________________

Note: Thus, the ruling of the Supreme Court of the Russian Federation dated July 20, 2015 No. 48-KG15-6 enshrines the legal position according to which periods of conscript military service, during which servicemen take part in the elimination of illegal armed formations on the territory of the North Caucasus region , WHO (military operations), are counted in the length of service for the appointment of a pension through the Ministry of Internal Affairs of Russia in calendar terms. These periods are not subject to credit for seniority on preferential terms.

The work of a judge involves a huge number of guarantees, including financial ones. Instead of a pension as such, representatives of the judiciary can receive a lifetime allowance, which is not inferior in size to earnings, which should stimulate quality and efficient work. Although a regular insurance pension is also possible on a general basis.

Kinds

Former judges who are retired or retired from office can receive one of the following types of payments:

  • insurance pension in accordance with 400-ФЗ 2013 and 126-ФЗ 2011 (payments are made by the Pension Fund);
  • state pension provision for seniority in accordance with the Law of the Russian Federation 4468-I;
  • lifelong maintenance according to the specialized Law of the Russian Federation No. 3132-I.

Terms of appointment

The appointment of this or that type of security depends on several factors that preceded the dismissal or resignation of the judge:

  1. The man worked as a judge for some time, but less than ten years, after which he resigned. Then he continued his career, but outside the legal sphere. And now, upon reaching the retirement age, he can only apply for an old-age insurance pension. Years of work in court will be counted in the insurance or work experience (if no insurance premiums were paid during this period).
  2. A retired judge receives a pension upon leaving government service with a minimum length of service. Then the time of refereeing is counted towards the length of service. As a consequence, the person receives state pension benefits.
  3. The third (most favorable) outcome is when the seniority is sufficient to receive lifelong maintenance.

In accordance with the Federal Law “On the Status of Judges,” a retired judge receives a pension according to general rules. However, judges with at least 20 years of experience have the right to choose between an insurance pension and a monthly lifetime pay.

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This payment consists of:

  • 80% of the monthly remuneration of a judge holding the relevant position;
  • 1% of the content for each additional year of experience, but not more than 85% of the remuneration of a judge in a similar position.

A person has the right to apply for only one pension, with the exception of judges who have acquired a disability due to a military injury. Such citizens, along with life support, also receive a disability insurance pension.

Pension size for retired judges

There are a large number of allowances. First of all, for the qualification class. So, for the ninth grade assigned at the very beginning of the service, it adds 30% to the official salary, while the highest one increases it by half (150%).

The grounds for increasing the amount of material security are:

  • length of service;
  • academic degree (candidate of legal sciences or doctor of sciences);
  • the title of professor, associate professor, honored lawyer of Russia;
  • in the cases specified in the law - knowledge of foreign languages \u200b\u200band their use in the performance of their duties (for judges of the Constitutional Court of the Russian Federation + 20%)

Length of service is a significant increase in the salary of a judge:

Various degrees and titles add between five and ten percent:

In cases established by law, all payments are multiplied by the regional coefficient. This can be work in waterless, desert areas, in the Far North, Far East.

Judges, if they have reached the generally established retirement age and have worked in the legal field for 25 years, of which at least 10 - as a judge, can apply for life support at 100%.

These rules apply to all judges at all levels. Accordingly, the exact amount depends on the court in which the person worked, what his salary was set.

At the district

In accordance with the annex to the Law of the Russian Federation on the status of judges in district courts, in relation to the salary of the President of the Constitutional Court of the Russian Federation:

In addition, a monthly cash reward is charged. So, you get:

The federal

Federal judges are a collective term. It includes almost all officials, with the exception of justices of the peace. These include representatives:

  • RF Constitutional Court, RF Armed Forces;
  • supreme courts of the subjects;
  • gFZ vessels, autonomous formations;
  • regional and equated to them in status;
  • arbitration.

Depending on the level of the judicial body, the official salary is, in relation to the rate of the Chairman of the Constitutional Court of the Russian Federation:

The world

Justices of the peace are divided into working:

The monetary incentive is 2.2 for both categories of the magistrate's salary.

Everything else is credited according to general rules for achievements in scientific activity, work in difficult conditions, length of service. So, even a magistrate can receive at least 70-80 thousand rubles with a low class and lack of privileges.

Registration procedure

The reason for the appointment of lifelong maintenance is a written application, regardless of the time of submission.

It expresses a desire to receive appropriate conclusions and notes the lack of income that does not allow issuing the payment of this content. The application is submitted to the office of the Judicial Department in the region of work, as well as at the place of last work.

The review is carried out by a regular commission, which includes judges, representatives of accounting and personnel services. The validity of the application is checked up to 10 days, after which a decision is made on the appointment of payments and their amount.

As a rule, arbitration court judges submit such applications at their place of work. The work of the review committee is regulated by the chairman of the court. After 10 days, makes a decision on the appointment of the content, which is put into effect within 5 days.

Required documents

Together with the application for the appointment of lifelong maintenance, the following documents are attached:

  • copy of work book;
  • decision on the resignation of the qualification commission;
  • other papers that confirm the sufficient experience of the judge, if the department does not have such information.

Former judges who receive an insurance pension, a certificate from social security about the amount of the current pension must be attached to the application with the desire to receive a monthly lifelong maintenance.

If a person has the right to additional payments for titles, academic degrees, special skills, then attached copies of papers that can confirm their assignment (availability).

How is paid

Payments are made from the federal budget. The application is drawn up by the Judicial Departments of the subject or by the court within the time frame established by them. The act includes all recipients of payments in the relevant territory. A similar procedure has been established for arbitrators.

Payments to former retirement judges begin as soon as they cease receiving their pension. The transfer of funds during the periods of temporary execution of judicial duties is not suspended.

The frequency of receipt of money is once a month (on the days when the salary is paid). It is possible to transfer the content of funds by mail or by home delivery.

So, the type of payments received depends on the length of service and other places of work of the person. If there is a possibility of obtaining life support, a judge receives an amount that is almost or not at all inferior to the salary of a judge of the corresponding status during the period of work.

Monthly lifelong maintenance of judges is a payment every month, which is made in accordance with the Russian law "On the status of judges". The law clearly sets out the procedure and amount of payments that are provided for by law, as well as the conditions for their accrual. There are many aspects that need attention and that need to be considered in more detail.

The judicial system of the Russian Federation

The entire RF system consists of the following components:

Regardless of which court the judge will work in, he has every right to monthly maintenance.

Who is entitled to the content

The monthly lifelong maintenance of judges is by no means taxed, and all funds that are paid are taken from the state budget. The right to content can be obtained by:

  1. Retired judges, but only if their work experience is at least 20 years, age does not matter.
  2. Judges who have retired and a total of twenty years of service, with men at the age of 55 and women at 50.
  3. The monthly lifelong salary of judges is also imposed on men who have reached 60 years old, women - 55 years old, while the work experience in the field of jurisdiction should not be less than 25 years. The length of service is calculated when calculating the size of the monthly life support based on the time a person has worked not only as a judge, but also in other professions related to the jurisdiction.
  4. Former judges who retired by age and were still working in the specialty of a judge at that time.
  5. The benefits can be enjoyed by judges who have transferred to other state bodies and retired.

It should be noted that the monthly lifelong maintenance of judges completely excludes the receipt of any other payments and other types of pensions. A judge can count on an additional pension only if he is disabled or received a military injury.

Who cannot receive payments

Not all judges have the right to permanent maintenance from the state, there are many points that you should definitely take into account and know about them:

  1. Those judges who have been recalled from office cannot count on lifetime payments.
  2. Former judges who were later convicted of an intentional crime.
  3. Judges who have committed misconduct that resulted in removal from office.

In all other cases, judges can count on payments from the state.

Features of the appointment of monthly payments

The monthly life support of a retired judge primarily depends on the length of service and salary. The fact is that a judge has the right to count on 80% of the salary, which coincides with the salary of a judge working in exactly the same position, but at the same time the length of service must be at least 20 years.

A former court employee who is in retirement and who has more than twenty years of experience can count on adding 1% to his total amount to payments every year, up to a maximum of 85%.

The size of the monthly life support of judges is determined by the state once, while the judge resigns or resigns from office. It should be borne in mind that after the payments have been assigned, no recalculations are made, except in cases where the payments depend on the salary of the judge for the position. Payments can be assigned to judges of the Constitutional Court who have retired if they have 15 years of work experience, but in this case, the powers of a judge must be terminated on the following grounds:

  1. The term of office expires with age and tenure.
  2. Submission of a written resignation by the judge himself due to age limit.
  3. Recognition of a judge as incompetent.
  4. The inability to carry out their judicial activities for health reasons.

The assignment of monthly lifelong pay to judges is in some cases calculated in relation to work in a different legal profession. Payments will not be awarded to judges if they left office of their own free will, and later it was decided by the court to terminate the resignation.

What is included in the salary of a judge

Given the fact that many payments are made based on the judge's salary, you should consider what it includes:


The case of each judge is considered separately, taking into account all awards and services to the state.

Procedure for assigning payments to judges

In order to start calculating payments to judges, you first need to submit an application - this will be the main basis for considering the case. There is no time limit for submitting a written application. The application must contain the reason why the person leaves his position and claims to receive monthly lifelong salaries for judges, and also indicate the lack of income, when receiving them, one should not count on maintenance. The written application is sent to the judicial department at the place of residence or at the place of the person's former work.

A certain package of documents must be attached to the application: a photocopy of a work book, a decision on resignation, documents that confirm the length of service as a judge. A retired former judge must attach a certificate from the district social security authority to the application, which will indicate the amount of the pension received.

The procedure for appointing monthly lifelong maintenance of judges includes the right to additional payments, but in this case, copies of documents that confirm the assignment of a category, title or academic degree should be attached to the application. The application is considered in the judicial department, on this occasion a special commission is assembled, headed by specialists from the personnel and accounting services, after which a decision is made. The created commission must, within ten days, check the validity of the application and determine the amount of additional payment to permanent payments, and after 5 days an order is created, which takes effect. If the recipient does not agree with the charges, then he can appeal it in court under the relevant legislation.

Judges who have worked in arbitration courts can submit their application and documents to the arbitration court where they worked earlier, after which the application will be sent to the appointment commission, where the monthly life maintenance of the judge will be determined. The Supreme Court will consider the application within ten days, and in five days an order of the Supreme Court of Russia on payments will be created.

For military judges, the content is assigned in the same manner as for the rest, but the application is considered by a special commission under the management for the provision of military courts.

Work experience when calculating payment

The procedure for the payment of monthly life support to judges and its accrual also includes the presence of a certain length of service:

  1. A judge must serve in public office from the day of his election until the very time when all powers were removed from him. It should be noted that the judges, who worked as early as December 12, 1991, take into account their length of service until the very moment they resigned.
  2. The length of service will include the time of work of a judge in the offices of general jurisdiction, in various statutory courts and state arbitration bodies. The monthly life support of a retired judge will be calculated based on the time spent in positions in which it is necessary to have a legal education, for example, it can be prosecutors, investigators, lawyers, but only if this position preceded the position of a judge.

If a judge interrupted his work in the state bodies of the Russian Federation, after which he returned to work for the same position, the judicial experience will be calculated in total, and interruptions in work will not particularly affect him. The special position and lifelong maintenance of retired judges applies to judges of the Far North and localities that are equated to them, in which case the maintenance can be increased and paid in accordance with the established coefficients. It is important to remember that when the powers of a judge are suspended, except in those special cases when the judge himself was subjected to measures of restraint in the form of detention or prosecution, the judge can count on the right to receive life imprisonment.

How much life support is paid

As a rule, monthly life support is paid to a judge who has 20 years of experience in the relevant position. A judge can choose one thing, for example, leave the state pension, which will be paid, like all citizens, on general terms, or permanent well-deserved maintenance, it is not taxed and is 80% of the salary of the judge working in the same position.

If a person is retired and has less than twenty years of experience, but he has reached 55 years, then the amount of the allowance for each month is calculated taking into account the full years that have been worked as a judge.

The payment of life support to judges who are retired but have more than 20 years of service will gradually increase based on:

  1. First of all, for each year of processing after 20 years, 1% of the total content is added.
  2. The amount paid can be up to a maximum of 85% of the salary of a judge in the same position.

Life support is assigned to judges who have served in positions for less than 10 years. In this case, the content will be calculated in proportion to the years that have been worked in this position.

When the size of the monthly lifetime maintenance of judges of the Russian Federation is determined, the following points can be included in the salary:


When maintenance is credited, the monthly lifetime payment to judges does not include bonuses. Only judges who are still working in their position can count on bonus payments. The premium can be up to three monthly fees per year.

For former judges who were transferred from other state-owned enterprises and retired, monthly maintenance is paid based on the salary of a working judge in the same position, an additional payment for the qualification class and revised years may be additionally paid. During the entire time of payments, a recalculation can be carried out, but only if the salary increases, for this you will not need to write any additional application.

Rights and obligations when paying maintenance to judges

All payments that judges receive are paid from the federal budget. When a judge stops receiving his pension, he is immediately paid a monthly allowance. An application for the appointment of a monetary allowance must be submitted in advance, then the required amount is charged from the date of receipt of the application. If a judge is retired, but temporarily fulfills his duties, then the payment of maintenance for this period is also not suspended. If the Supreme Court establishes the monthly life support of a judge, then payments are made at the place of residence of the person. Payments can only be stopped in special cases:

  1. If the judge's resignation has been terminated.
  2. If the judge violated the conditions for receiving his due content.
  3. When a person is no longer a citizen of the Russian Federation.
  4. In the case when the judge himself submits an application to the relevant authorities to terminate the life sentence.
  5. If a person has died, then payments stop from the first day of the following month after the judge was declared dead.
  6. If a judge finds a job, except for the authorities of Russia, payments are also stopped, and the overpaid amounts must be compensated voluntarily or they are seized in court.

In all other cases, payments are made in accordance with the law.

Legal aspects

If there are disputes about the appointment of maintenance to judges, then a special commission can deal with this issue. The terms and procedure for considering controversial issues are determined by a special provision on the creation of a commission. The commission may include: representatives of the Supreme Court and the Judicial Department.

A judge may work while retired. With the consent of the person, he can be recruited to work for the administration of justice as a judge. If there is a vacant position within a year, the judge has the full right to work and receive cash benefits until the moment when the judge's powers are not suspended. The decision to attract a retired judge to office is made by the President of the High Court, taking into account a positive opinion

It is also worth remembering that a judge who was retired and had a work experience of at least 20 years has every right to work in government bodies and in local self-government bodies, he also has the right to hold the position of assistant to a deputy of the State Duma, but in no case cannot hold the office of a prosecutor or investigator. At a time when a retired judge is still engaged in judicial activity, the law on immunity applies to him. The laws of the Russian Federation also define additional benefits for judges:


All additional benefits are valid throughout the life of a person who served as a judge, and after his death apply to members of his family, namely his wife and minor children, if any. As soon as the children reach the age of majority, all benefits are immediately removed, and only the wife of the judge can use them. Knowing what documents should be collected and how to act in the legal aspect, each judge will be able to provide himself with a comfortable and happy old age.

On January 10, 2009, Law No. 274-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in connection with the adoption of the Federal Law“ On Combating Corruption ”came into force in Russia, which divided judges into two categories with different social security. Among the "individual legislative acts" that were then edited was the law "On additional guarantees of social protection of judges and employees of the apparatus of the courts of the Russian Federation."

The changes affected how the length of service of a judge should be calculated.

This question is important for judges: having 20 years of experience, they get the opportunity to retire and receive a monthly lifetime allowance (in fact, an analogue of a pension, but significantly exceeding it in size, since it is calculated based on the salary of a judge with all allowances). Those judges who, after gaining experience, continue to work, receive in addition to their salary 50% of the monthly allowance that would have been accrued to him if he retired. Prior to the adoption of Law No. 274-FZ, the length of service was calculated as follows: if a person worked as a judge for five years, the time that he had previously held the position of an investigator, prosecutor or lawyer was also taken into account. According to the new rules, years of work directly as a judge will be counted in the length of service.

According to the representative of the Supreme Court Boris Gorokhov, those judges who have 20 years of judicial experience, without taking into account work in other positions, in the country "can be counted on the fingers of two hands."

Therefore, it is not surprising that Law No. 274-FZ has caused discontent among many. In particular, those judges who took office before January 10, 2009 considered themselves offended. Occupying the judicial chair, they counted on the calculation of the seniority according to the old rules. However, when they were about to retire or applying for a salary increase based on seniority, they found that they had lost the right to these privileges.

The confusion with the new rules reached the point that some judges received a salary or increase for some time, and then stopped. Several victims in this way wrote complaints to the Constitutional Court. At the same time, the Zheleznodorozhny District Court of Novosibirsk and the Kirovsky District Court of Rostov-on-Don applied for clarifications, which found it difficult to interpret the new version of the law during the consideration of claims from several more retired judges.

The Constitutional Court defended the judges.

The Constitutional Court ruling emphasizes that "the level of constitutional and legal protection of the status of a judge cannot decrease in relation to what has already been achieved."

It was also noted that “the legislator must take into account the legitimate expectations formed on the basis of the earlier legislation in force”. The situation was considered abnormal when two judges with the same seniority found themselves in unequal conditions depending on when they applied for retirement or the appointment of a salary supplement: those who managed to apply before January 10, 2009 considered experience in the old way. Those who have shown sluggishness for any reason - according to the new law.

"Such differentiation violates the constitutional principle of equality and leads to an unreasonable difference in the scope of their rights," said the presiding judge Sergei Mavrin.

In this regard, the Constitutional Court decided that part 1 of Art. 7 of Law No. 274-FZ, insofar as it applies to judges who took office before January 10, 2009, contradicts Articles of the Constitution 19 (equality of rights and freedoms), 55 (laws that abolish or diminish the rights and freedoms person) and 120 (independence of the judiciary). Thus, the claims of the judges who considered their rights infringed were fully satisfied. All cases they lost earlier in the courts of general jurisdiction are subject to review.

Now the Ministry of Finance urgently needs to find funds from the state budget to pay debts to those judges who had the right to receive maintenance or a salary increase, but have not received it since January 2009.

What kind of amounts are being discussed, Sergei Mavrin found it difficult to say, noting only that the size of the monthly salary of a retiree with 20 years of experience and more cannot exceed 80 percent of the salary of an acting judge. The money, most likely, will have to be taken from the reserve funds of the budget, and literally from tomorrow: the decision of the Constitutional Court comes into force from the moment of its public announcement.

The Constitutional Court ruling does not in any way apply to those judges who took office after January 10, 2009: they will have to live completely according to the new rules.

They will be able to count on a comfortable, secured retirement only if they serve justice in the status of a judge for all 20 years.

However, the same Law No. 274-FZ improved the position of judges retiring by age.

In order to receive the aforementioned monthly allowance after retirement, a judge who has reached the age of 60 (women - 55) must have at least 25 years of experience. According to the new edition, only 10 of these 25 years should certainly be just judicial practice. The rest can be credited both for work in the prosecutor's office, advocacy or investigation, and for any other positions, a prerequisite for occupation of which is a higher legal education. For example, a university teacher or a legal adviser. It is possible that in this way legislators are trying to fight early resignations, encouraging judges to fulfill their duty as long as possible.


Court decisions based on the application of the norms of Art. 14, 15 of the Law "On State Pension Provision in the Russian Federation".

Federal Law No. 166-FZ "On State Pension Provision in the Russian Federation".

Article 14. Pensions of federal state civil servants

Article 15. Sizes of pensions of military personnel and members of their families

Arbitrage practice

    Decision No. 12-51 / 2018 of September 24, 2018 in case No. 12-51 / 2018

    Kizlyar District Court (Republic of Dagestan) - Administrative offenses

    09/21/2017 as part of state control over the protection of marine biological resources when checking the fishing activities of the Company. In accordance with Part 1 of Article 15 of the Federal Law of 20.12.2004 No. 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" (hereinafter - the Law on Fisheries), it is provided that fishing is carried out in relation to types of aquatic ...

    Decision No. 2-1961 / 2018 2-1961 / 2018 ~ M-1710/2018 M-1710/2018 dated September 20, 2018 in case No. 2-1961 / 2018

    Pervouralsk City Court (Sverdlovsk Region) - Civil and Administrative

    Fact. Regarding the establishment by the Main Bureau of the cause of disability (military injury), she explained that the determination of the causes of disability, depending on the circumstances of the onset of disability, is regulated by the Decree of the Ministry of Labor of the Russian Federation of 15. 04.2003 № 17 “On approval of the clarification“ on the determination of the causes of disability by the Federal State Institutions of Medical and Social Expertise ”. According to paragraph 7 of the Resolution, the cause of disability with the wording "war injury" is determined ...

    Decision No. 2-784 / 2018 2-784 / 2018 ~ M-590/2018 M-590/2018 dated September 11, 2018 in case No. 2-784 / 2018

    Revda City Court (Sverdlovsk Region) - Civil and Administrative

    The right to a state pension in the event of the loss of a breadwinner as a result of a military injury on the basis of paragraph 3 of part 1 of Art. 29 of the Law of the Russian Federation of 15. 05.1991 No. 1244-1 "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant", as well as on the recalculation of the size of the survivor's pension ...

    Decision No. 2-433 / 2018 2-433 / 2018 ~ M-392/2018 M-392/2018 dated July 30, 2018 in case No. 2-433 / 2018

    Alekseevskiy District Court (Belgorod Region) - Civil and Administrative

    L: In the period from 08/09/1986 to 09/11/1986 Akhmedov T.A. took part in the elimination of the consequences of the disaster at the Chernobyl nuclear power plant, 15. On 05.1996, he was recognized due to an injury received while performing other duties of military service related to the Chernobyl accident, since 04.24.1996 ...

    Decision No. 2-694 / 2018 2-694 / 2018 ~ M-285/2018 M-285/2018 dated July 30, 2018 in case No. 2-694 / 2018

    Iskitimsky District Court (Novosibirsk Region) - Civil and Administrative

    Citizens who have become disabled due to military trauma. They may be assigned a disability pension provided for in paragraphs. 1 clause 2 (with the application of clause 3 and clause 5 of Article 15 of this Federal Law, and an old-age insurance pension. By virtue of Article 28.1 of the Law of the Russian Federation dated Date N 1244-1 "On Social Protection of Citizens Affected. ..

    Decision No. 2-3748 / 2018 2-3748 / 2018 ~ M-3089/2018 M-3089/2018 dated July 27, 2018 in case No. 2-3748 / 2018

    Central District Court of Novokuznetsk (Kemerovo Region) - Civil and Administrative

    12/28/2013 N 400-FZ "On insurance pensions", federal state civil servants who have been assigned a seniority pension in accordance with Federal Law of December 15, 2001 N 166-FZ "On state pension provision in the Russian Federation" less than 15 years of insurance experience, which includes the periods specified in part ...

    Decision No. 2-875 / 2018 2-875 / 2018 ~ M-882/2018 M-882/2018 dated July 25, 2018 in case No. 2-875 / 2018

    Donskoy City Court (Tula Region) - Civil and Administrative

    In support of the stated requirements indicated that he is a veteran of labor, and has a certificate "Veteran of Labor" series №, which is issued by DD.MM.YYYY. fourteen . On 06.2018, he applied to the State Institution of the Tula Region "Department of Social Protection of the Population of the Tula Region" branch of the Department of Social Protection of the Population in the city of Donskoy with a statement ...

    Decision No. 12-363 / 2018 of July 19, 2018 in case No. 12-363 / 2018

    Primorsky Regional Court (Primorsky Territory) - Administrative offenses

    Acceptance, processing, transshipment, transportation, storage and unloading of catches of aquatic biological resources, production of fish and other products from aquatic biological resources. In accordance with clause 1 of Article 15 of Federal Law No. 166-FZ, fishing is carried out in relation to types of aquatic biological resources, the extraction (catch) of which is not prohibited. By virtue of clause 1 of part 1 of article 26 of Federal Law No. 166 -...