The work activity of military personnel is associated with a high risk of danger to health and life. In order to compensate for hard work, the legislation of the Russian Federation was adopted, which was approved by the Federation Council on February 12, 1993.

The relevance of pension insurance is determined by the need to provide appropriate financial guarantees that will compensate for the additional burdens associated with the peculiarities of the performance of military duties. By law, the state provides social protection citizens and members of their families undergoing military service.

Description of Federal Law 4468-1

Military service is one of the most risky, specific jobs that require responsibility. In addition, intelligence officers are regularly exposed to danger and stress, as a result of which their physical health is deteriorating. For these and other reasons, the working age of military personnel has been reduced to 45-55 years, in accordance with the Constitution of the Russian Federation. Upon reaching retirement years, according to the law, military personnel are entitled to payments, benefits and compensation from the state. These provisions are regulated Federal Law No. 4468-1.

Bill to pension provision Persons who have done military service” was published by the State Duma of the Russian Federation and approved by the Federation Council in 1993. The last changes were made on December 20, 2017. Also in 2017, amendments were made to certain chapters of Federal Law 324. More about this

Federal Law on military personnel in latest edition

According to the Federal Law, Russian Federation pension accruals rely on citizens serving in the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs, the FSB (law on the FSB), the Ministry of Emergency Situations and other executive authorities where military affairs are provided. The law states: the amount of pensions for military personnel and their families is calculated based on the average salary, position and military rank, the interest rate for length of service, as well as payments related to the indexation of cash benefits. Persons with disabilities who have been injured in the performance of military service are entitled to additional monetary compensation.

Also read about Federal Law No. 69 in more detail

Summary of Federal Law No. 4468-1:

• ch. No. 1 - describes the types of pension insurance and the procedure for assigning payments;
• ch. No. 2 - the size of the fixed military pension and additional compensation for years of service;
• ch. No. 3 - the procedure for assigning a disability pension;
• ch. No. 4 - conditions for receiving pensions for relatives of dead servicemen on the occasion of the loss of a breadwinner;
• ch. No. 5 - the procedure for calculating the monetary allowance of the military;
• ch. No. 6 - the general procedure for the payment of pension insurance.

See also latest changes in Federal Law 166

Latest amendments

During the latest version of Law No. 4468-1, relevant amendments were made to Articles No. 14 and No. 45 regarding repeated budget indexation to increase the amount of pension benefits for military personnel and other government employees. Such measures are aimed at providing citizens with a decent standard of living.

In article number 14 the current Federal Law 4468-1 describes the procedure and appointment of a military old-age pension.

Check out the latest changes to the Federal Law for Guardians

According to the legislation, payments are provided to persons who served in the following government bodies:

• Ministry of Defense of the Russian Federation;
• internal affairs bodies (OVD);
• employees of state institutions responsible for monitoring prisoners and ensuring security in the prison (penal system);
• the military, providing drug control;
• fire safety officers, etc.

Also, spouses, children and parents of dead military personnel are entitled to receive a survivor's pension.

Federal Law on the Protection of Atmospheric Air read

The following indicators serve as the basis for issuing a military pension:

• length of service (continuous military experience);
• position;
• rank;
• loss of a breadwinner;
• disability.

Article #45 in the latest edition (dated December 20, 2017) regulates the main ways to increase pensions for certain categories of military personnel, namely:

• heroes of the USSR;
• honored athletes and champions of the Olympic and Paralympic Games;
• persons awarded the Order of Labor Glory or the Order "for Service to the Motherland in the Armed Forces of the USSR";
• participants of the Second World War and other warriors.

Download the law on pensions for military personnel

Pension provision for military personnel is part of the system of compulsory state support federal government workers, heroes Soviet Union and other military personnel. This Federal Law, in accordance with the Constitution of the Russian Federation, regulates the conditions, norms and procedure for calculating pension payments to employees of the armed forces of the Russian Federation, persons in command and rank and file of internal affairs bodies, representatives of state security and their families. Federal Law No. 4468-1 also applies to former servicemen of the Department of Internal Affairs, the Ministry of Internal Affairs and the KGB.

In order to download the latest version of the Federal Law "On the provision of pensions for military personnel", go to

Explanatory note "To the draft federal law" On some issues of applying articles 43 and 49 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons held by military service, service in the internal affairs bodies, state fire service, organs FOR CONTROL OF THE TRAFFIC OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND BODIES OF THE CRIMINAL EXECUTIVE SYSTEM AND THEIR FAMILIES"

EXPLANATORY NOTE
TO THE DRAFT FEDERAL LAW "ON SOME
ISSUES OF APPLICATION OF ARTICLES 43 AND 49 OF THE RUSSIAN LAW
OF THE FEDERATION DATED FEBRUARY 12, 1993 N 4468-1 "ON PENSION
PROVISION OF PERSONS WHO PASSED MILITARY SERVICE, SERVICE
IN THE BODIES OF THE INTERNAL AFFAIRS, STATE FIRE
SERVICES, AUTHORITIES FOR CONTROL OF THE TRAFFIC OF NARCOTICS
DRUGS AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND BODIES
OF THE CRIMINAL EXECUTIVE SYSTEM AND THEIR FAMILIES"
The bill provides official, having the force of a federal law, clarifications on the application of articles 43 and 49 of the Law of the Russian Federation of 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 control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" in terms of including the monthly cost of the corresponding food ration issued to military personnel in the allowance for calculating and reviewing pensions.
The need to adopt the draft law is due to the revealed lack of a uniform understanding by law enforcers of the procedure for applying Articles 43 and 49 of the said Law of the Russian Federation.
Article 43 of the aforementioned Law of the Russian Federation provides for the inclusion of the monthly cost of the food ration issued to military personnel in the monetary allowance for calculating pensions for military pensioners. At the same time, paragraph 1 of Article 14 of the Federal Law "On the Status of Servicemen" in the version that was in force until January 1, 2005, provided for the right of servicemen to receive, in exchange for the food ration issued to servicemen, monetary compensation in the amount of the monthly cost of food rations. The procedure for determining the monthly cost of a food ration is established by paragraph 11 of the Decree of the Council of Ministers - the Government of the Russian Federation dated September 22, 1993 N 941.
On January 1, 2000, the Federal Law "On the Federal Budget for 2000" came into force, in accordance with which the norm of paragraph 1 of Article 14 of the Federal Law "On the Status of Servicemen" was suspended in terms of establishing the compliance of the amount of monetary compensation in exchange for food rations with the size of the monthly cost of food rations . The aforementioned Federal Law also established that in order to calculate the amount of monetary compensation in exchange for a food ration, the cost of a food ration is assumed to be 20 rubles per day. This legal norm was repeated in the federal laws on federal budgets for 2001, 2002, 2003, 2004 and 2005.
From January 1, 2000, the pension authorities of the Ministry of Defense of the Russian Federation began to mistakenly follow the indicated norms of the named Federal laws on federal budgets for calculating pensions (the error was established by the Ruling of the Constitutional Court of the Russian Federation of December 14, 2004 N 429-O). At the same time, the amount of the monthly cost of a food ration issued to servicemen was taken by them to be equivalent to the amount of monetary compensation in exchange for a food ration issued to servicemen, and equal to 600 rubles.
Since the monetary compensation in exchange for the food ration was less than the actual monthly cost of the food ration, this led to a significant underestimation of the calculated amount of the pension. As a result, military pensioners suffered significant financial losses.
Unfortunately, arbitrage practice showed the lack of a uniform correct understanding of the procedure for applying Articles 43 and 49 of the said Law of the Russian Federation and the courts of the Russian Federation. On the same issue, they make different decisions both in favor of citizens and in favor of federal executive bodies.
At the same time, in the event of refusals on the claims of citizens for the incorrect application of the norms of articles 43 and 49 of the said Law of the Russian Federation, as a justification for such a decision, the courts groundlessly point to the absence of data on the daily norm of food rations determined by the competent authorities, the absence of data on prices for food products that exist in day of appointment and recalculation of his pension, to the fact that the monthly cost of food rations is not legally determined. The presence of a statutory amount of monetary compensation instead of a food ration is mistakenly accepted by them as the initial basis for including it in the monetary allowance for calculating pensions for military personnel.
The grounds for the adoption of the proposed bill are:
1. Decree of the Constitutional Court of the Russian Federation of November 17, 1997 N 17-P, in which paragraph 2 (paragraph four) indicates the possibility and procedure for adopting a regulatory legal act, through which an official clarification of the federal law is carried out.
2. Resolution of the Constitutional Court of the Russian Federation of April 23, 2004 N 9-P, in which (paragraph three of paragraph 4.1) formulated as a requirement for the legislator the legal position on the need for accuracy and specificity of the legal norms that underlie the decisions of law enforcement officers, including courts, so that the participants in the relevant legal relations could reasonably foresee the consequences of their behavior and be confident in the invariance of their officially recognized status, acquired rights, the effectiveness of their state protection, i.e. that the right acquired by them on the basis of the current legislation will be respected by the authorities and will be implemented.
3. Determination of the Constitutional Court of the Russian Federation of December 14, 2004 N 429-O, in which, based on the analysis of legislative and other regulatory legal acts of the Russian Federation, the following conclusions were made (paragraph 4):
Apparently, a misprint was made in the official text of the document: the Law of the Russian Federation of February 12, 1993 "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 penitentiary system, and their families" has N 4468-1, and not N 941. a) Law of the Russian Federation of February 12, 1993 N 941 provides that:
for the calculation of pensions for military pensioners, the monthly cost of the corresponding food ration is included in the monetary allowance;
pensions, as well as allowances for pensions, increases and increases in pensions are subject to revision with an increase in the monetary allowance of military personnel based on the level of increase in the monetary allowance of the relevant categories of military personnel taken into account when calculating pensions simultaneously with its increase;
b) the rules for calculating and reviewing pensions for persons who have completed military service have not been changed by the federal legislator, including through the suspension of the rules establishing these rules of the said Law of the Russian Federation;
c) the concept of "monetary allowance for calculating a pension for military personnel" differs from the concept of "monetary allowance for military personnel" and has an independent regulatory meaning for the purposes of calculating a pension and revising it for military pensioners: an increase in any of the components of monetary allowance for calculating a pension, including the cost of food rations as a specific form of food security for military personnel, involves a revision of the pension.
The adoption of the draft law will make it possible to achieve the correct and uniform application of the norms of Articles 43 and 49 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for monitoring circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families", to restore the rule of law and prevent further violation of the rights of citizens discharged from military service established by law, to relieve social tension in society caused by the incorrect application of the norms of the Law.
The adoption of the draft law is of great moral and social significance for society and the state.

FINANCIAL AND ECONOMIC RATIONALE
TO THE DRAFT FEDERAL LAW "ON SOME ISSUES
APPLICATION OF ARTICLES 43 AND 49 OF THE LAW OF THE RUSSIAN FEDERATION
DATED FEBRUARY 12, 1993 N 4468-1 "ON PENSION PROVISION
PERSONS WHO PASSED MILITARY SERVICE, SERVICE IN INTERNAL BODIES
CASES, STATE FIRE SERVICE, BODIES
FOR THE CONTROL OF THE TRAFFIC OF NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND BODIES
CRIMINAL-EXECUTIVE SYSTEM,
AND THEIR FAMILIES"
The draft law provides for clarification of certain issues of the procedure for applying the norms of the current Law of the Russian Federation.
The bill does not introduce or abolish taxes, does not exempt them from their payment, does not provide for the issuance of state loans, does not change the financial obligations of the state, and does not provide for expenses covered by the federal budget.
The conclusion of the Government of the Russian Federation in accordance with the requirements of Article 104 (Part 3) of the Constitution of the Russian Federation is not required.

SCROLL
ACTS OF FEDERAL LEGISLATION SUBJECT TO
REVISION, SUSPENSION, AMENDMENT,
ADDITION OR ADOPTION IN CONNECTION WITH THE ADOPTION OF THE FEDERAL
OF THE LAW "ON SOME ISSUES IN THE APPLICATION OF ARTICLES 43 AND 49
LAW OF THE RUSSIAN FEDERATION OF FEBRUARY 12, 1993 N 4468-1
"ON PENSION PROVISION OF PERSONS WHO PASSED MILITARY SERVICE,
SERVICE IN THE BODIES OF THE INTERNAL AFFAIRS, STATE
FIRE-FIGHTING SERVICE, TURNOVER CONTROL AUTHORITIES
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES,
INSTITUTIONS AND BODIES OF THE CRIMINAL-EXECUTIVE
SYSTEMS AND THEIR FAMILIES"
In connection with the adoption of this Federal Law, there will be no need to invalidate, suspend, amend, supplement or adopt acts of federal legislation.

composed of:

presiding judge Buslaeva *.*. ,

under Secretary Golikova *.*. ,

examined in open court a civil case for F.AND.Oh. to the Military Commissariat of the Voronezh Region on recognizing the right to a pension increase as a combat veteran in accordance with Art. 45 paragraph "d" of the Law of the Russian Federation of February 12, 1993 No. 4468-1, imposing the obligation to recalculate the pension as a veteran of hostilities, collecting court costs,

Installed:

Pankov Vasily Gavrilovich filed a lawsuit against the Military Commissariat of the Voronezh Region, indicating that he was a pensioner of the Ministry of Defense of the Russian Federation. During the period of military service, he took part in counter-terrorist operations on the territory of the Russian Federation, as evidenced by the certificate "Veteran of Combat Operations".

Believing that on the basis of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who have completed military service, service 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 "Article 45 paragraph "D" he is entitled to an increase in pension by 32 percent of the calculated amount of the pension specified in part 1 of article 46 of this Law, which is similar to article 32 of paragraph 1 of the Federal Law " About Veterans”, appealed to the military Commissariat of the Voronezh region to increase the pension.

In his response, the head of the social security center of the Military Commissariat of the Voronezh Region refused to recalculate the pension.

Considering his rights violated by this refusal, Pankov *.*. went to court asking:

At the hearing Pankov *.*. failed to appear, notified of the time and place of the hearing, requested to consider the case in his absence by a statement.

His representative acting on the basis of an order Zubarev *.*. , claims supported, asked to satisfy the claim in full.

Representative of the Military Commissariat of the Voronezh Region, acting on the basis of a power of attorney Raevsky *.*. claims are not recognized, in satisfaction of the stated requirements requested to refuse.

After listening to the explanations of the representative of the plaintiff, the representative of the defendant, having studied the case materials, the court finds that Pankov's statement of claim *.*. eligible for the following reasons.

Pension provision for employees of the internal affairs bodies is carried out in the manner prescribed by the Law of the Russian Federation of February 12, 1993 No. 4468-1 “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.

During the consideration of the case, the court found that Pankov *.*. has been a recipient of a pension from the Ministry of Defense of the Russian Federation since April 06, 2004, which is confirmed by a certificate of the GF series No. 537782 (case sheet 10).

During the period of military service, he took part in counter-terrorist operations on the territory of the Russian Federation, about which on December 06, 2005 he was issued a certificate of series BK No. 0171091 as a participant - a veteran of hostilities (case sheet 11).

In accordance with paragraph "d" Art. 45 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "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 systems, and their families” (as amended by Federal Law No. 319-FZ of 03.12.2007) pensions for long service, disability and survivors, assigned in accordance with this Law (including those calculated in the minimum amount), are raised to the 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”, as well as to combat veterans from among the persons indicated in subparagraphs 1 - 4 of paragraph 1 of Article 3 of the Federal Law "On Veterans" - by 32 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.

In accordance with Part 1 of Art. 46 minimum pensions, pension supplements, increases and increases in pensions provided for by this Law are determined on the basis of the estimated amount of the pension, which is set at social pension, provided for by subparagraph 1 of paragraph 1 of Article 18 of the Federal Law “On State Pension Provision in the Russian Federation”, and are reviewed simultaneously with the change (indexation) of the amount of the specified social pension.

In accordance with the Federal Law "On Veterans" dated 12.01.1995. No. 5-FZ to Pankov *.*. a monthly cash payment is paid under the category of Veteran of hostilities on the basis of paragraphs 1-4 of paragraph 1 of Art. 3 of the Federal Law "On Veterans" dated 12.01.1995 No. 5-FZ in the amount of 1990.38 rubles. from 01.01.2012 for life, which is confirmed by the certificate of the GU PFRF for the Leninsky district of Voronezh (case sheet 12).

According to Art. 58 of the Law of the Russian Federation “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” No. 4468-1 , the amount of the pension not received by the pensioner in a timely manner due to the fault of the body that assigns or pays the pension, is paid for the past time without limitation by any period.

In accordance with Art. 39 of the Constitution of the Russian Federation state pensions established by law, and, in accordance with Art. 35 of the Constitution of the Russian Federation, the right to a pension can only be limited by federal law.

In accordance with paragraph 9 of article 2 of the Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel", military personnel, citizens discharged from military service, and members of their families who are entitled to social guarantees and compensation in accordance with this Federal Law, enjoy social guarantees and compensations established for citizens by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation.

As stated in paragraph 5 of Art. 3 of the above law, no one has the right to restrict military personnel, citizens discharged from military service, and members of their families in the rights and freedoms guaranteed by the Constitution of the Russian Federation and this Federal Law. Officials of public authorities, local governments and organizations, as well as commanders guilty of failure to fulfill their obligations to exercise the rights of military personnel, citizens discharged from military service, and members of their families, are liable in accordance with federal laws and other regulatory legal acts of the Russian Federation. Federation.

Thus it is claims for imposition duties nazna F.AND.Oh. pension supplement in accordance with paragraph “g” of Article 45 and Art. 46 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, to recalculate this allowance from the time the combat veteran's certificate was issued, are subject to satisfaction.

Based on Art. 98 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, the court awards reimbursement on the other side of all the court costs incurred in the case.

The plaintiff filed a claim for the recovery of court costs for the services of a representative, including for the provision of legal advice, preparation of a claim in court, necessary documents for a claim, protection of interests in court in the amount of 4,000 rubles.

In accordance with Part.1 Article. 100 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.

The case file contains documents confirming the plaintiff's expenses - a receipt for a cash receipt No. 78 dated February 7, 2012 (case sheet 5), according to which Pankov *.*. paid to the Voronezh Inter-Territorial Bar Association, which issued the warrant for the lawyer F.I.O. for the preparation of a claim, documents for a claim, protection of interests in the Central District Court of Voronezh Pankov *.*. (case sheet 6) - 4,000 rubles.

Determining the amount of reasonableness, taking into account the minimum level of payment for the services of a representative - a lawyer of the Voronezh Regional Bar Association, the court considers it reasonable and fair to recover from the defendant in favor of the plaintiff 4,000 rubles.

Guided by Art. Art. 194, 198 Code of Civil Procedure of the Russian Federation, court

Oblige the Military Commissariat of the Voronezh Region to increase the assigned pension as a veteran of hostilities in accordance with Article 45, paragraph "d" of the Law of the Russian Federation of 12.02.1993. No. 4468-1 (as amended by No. 319-FZ of 03.12.2007) “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.

Oblige the Military Commissariat of the Voronezh Region to recalculate the pension, taking into account the allowance as a war veteran from January 2006.

Collect from the Military Commissariat of the Voronezh Region the costs of paying for the services of a representative in the amount of 4,000 rubles.

The decision may be filed an appeal to the Voronezh Regional Court through the Central District Court of Voronezh within a month from the date of the decision of the court in final form.

Referee *.*. Buslaeva