The draft federal law On Amending Article 7 of the Federal Law On Additional Social Security Guarantees for Judges and Court Administration Officials was drafted by the Ministry of Finance for the purpose of implementing Constitutional Court Resolution No 9-P dated April 20, 2010.
The Constitutional Court resolved that Part 1 of Article 7 of the Federal Law On Additional Social Security Guarantees for Judges and Court Administration Officials did not conform with the Constitution of the Russian Federation. The Constitutional Court noted that the provisions of Part 1 of Article 7 of the law, as stipulated by Article 4 of Federal Law No 274-FZ On Amending Some Legislative Acts of the Russian Federation in Connection with the Approval of the Federal Anti-Corruption Law dated December 25, 2008, did not rule out the possibility of various interpretations. It is only possible to eliminate the discrepancies in Article 7 of the law by drafting a new version of the article and by drastically amending legislation as regards specific approaches towards assessing the work records of court officials, which ensure retirement rights and the right to receive all kinds of payments and benefits. The current guarantees will be retained under the new version of Article 7 of the Federal Law On Additional Social Security Guarantees for Judges and Court Administration Officials contained in the draft law. This concerns the inclusion of previous work records in other positions requiring law degrees, provided that the concerned individuals have worked as judges for at least 10 years. At the same time, the document includes provisions stipulating the choice of alternative legislation, which regulates the relevant procedure calculating the work records of court officials, which ensure retirement rights, the receipt of life-time monthly payments and severance packages.
The draft law will be examined at a Government meeting.
