The draft federal law On Amending Article 20 of the Federal Law On the Status of Judges in the Russian Federation and the Federal Law On Pension Support Guarantees for Specific Categories of Citizens was drafted by the Ministry of Justice to implement Constitutional Court Resolution No 27-P dated November 19, 2012.
According to Paragraphs 2 and 3 of the resolution’s substantive section, the inter-linked provisions of Paragraph 7 of Article 20 of the Federal Law On the Status of Judges in the Russian Federation, those of Paragraph 1 of Article 10, Paragraph 1 of Article 16, Paragraph 1 of Article 291 and Paragraphs 1 and 3 of Article 30 of the Federal Law On Labour Pensions in the Russian Federation do not conform with the Constitution of the Russian Federation. The federal legislator must stipulate a special pension support procedure for the disabled members of the families or dependents of judges who retired and who died of causes unrelated to their official activities. This applies to the dependents of judges to guarantee them adequate social security as persons whose legal status is derived from the constitutional-legal status of judges.
Considering the above-mentioned authorised legal stance of the Constitutional Court, the draft law stipulates amendments to Article 20 of the Federal Law On the Status of Judges in the Russian Federation. Under these amendments, the disabled dependents and members of the families of deceased judges shall receive compensation, including in cases when the death of a judge was not linked to the fulfillment of his official duties.
According to the draft law, the members of the families of judges shall receive compensation and the amount shall depend on the link between his death and his official activities, the size of his wages and the size of his lifetime monthly pension, his work record as a judge and the number of his dependents.
Moreover, the draft law amends the Federal Law On Pension Support Guarantees for Specific Categories of Citizens. These amendments stipulate the transformation of the pension rights of deceased judges who died of causes not related to their official activities into the calculated pension capital. This applies to pension rights acquired during official activities that were not subject to mandatory pension insurance during such activities.
This document's approval will make it possible to ensure the rights of the dependents and disabled members of the families of judges who died of causes unrelated to their official activities to adequate social security, as individuals whose legal status is derived from the constitutional-legal status of judges.
The draft law will be examined at a Government meeting.