RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 20, 2005 No. 25

About some questions which arose at the courts by hearing of cases connected with realization by citizens of the right to work pensions

Due to the questions which arose at courts in case of application of the Federal Law of December 17, 2001 of N173-FZ "About Work Pensions in the Russian Federation" became effective since January 1, 2002 and established the bases of origin and procedure for realization of the right of citizens of the Russian Federation to work pensions, the Plenum of the Supreme Court of the Russian Federation for the purpose of ensuring the correct application of the provisions of the called Law in case of the dispute resolution connected with realization by citizens of the right to work pensions decides to make to courts the following explanations:

1. Owing to Item 1 of part 1 of article 22 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) and Item 7 of article 18 of the Federal law "About Work Pensions in the Russian Federation" (further - the Federal Law N173-FZ) cases on disputes between citizens and the body performing provision of pensions about establishment or refusal in establishment of work pension, about payment to the specified pension, about deduction from this pension and about collection of excessively paid amounts of such pension, and also on other disputes connected with appointment and payment of work pensions are subordinated to courts of law.

At the same time in case of disagreement with the decision of pension body the citizen has the right to appeal it in higher pension body (in relation to the body which passed the relevant decision) and (or) to dispute in court (Item 7 of article 18 of the Federal law N173-FZ).

2. Considering that the CCP of the Russian Federation does not contain regulations on determination of patrimonial cognizance of cases on the disputes following from pension legal relationship in case of permission of question of cognizance of the dispute connected with realization by the citizen of the right to work pension it is necessary to be guided by the general rules established Articles 23by -24 of the CCP of the Russian Federation:

a) cases on receivership proceeding in case of the price of the claim which is not exceeding five hundred minimum wages established by the Federal Law on the date of filing of application (for example, in case of presentation of the recovery suit of the appointed, but not paid work pension, about collection of excessively paid amounts of pension), according to Item 5 of part 1 of article 23 CCP of the Russian Federation are jurisdictional to the magistrate judge;

b) cases on the claims which are not subject to assessment (for example, cases on the disputes arising in connection with refusal in establishment of work pension), owing to article 24 CCP of the Russian Federation are jurisdictional to district court;

c) in case of combination of the requirements connected among themselves which are not subject to assessment and the requirements of property nature which are subject to assessment (for example, requirements about recognition of the right to award of pension before achievement of retirement age (60 years for men or 55 years for women) and about collection of the pension which is not received in connection with unreasonable refusal in its appointment), case to jurisdictional district court.

3. Owing to article 28 CCP of the Russian Federation the petition from the citizen on the dispute connected with realization by it of the right to work pension is filed a lawsuit in the location of the relevant pension organ (which refused award of pension or paying pension).

Claimants on cases on protection of the rights and legitimate interests of the child according to the subitem 15 of Item 1 of Article 333.36 of part two of the Tax Code of the Russian Federation are exempted from payment of the state fee.

According to subitems 2 and 5 of Item 2 of Article 333.36 of part two of the Tax code Russian Federation also the claimants who are disabled people of I and II groups, and in claims of property nature to the Pension Fund of the Russian Federation, non-state pension funds or to the federal executive bodies performing provision of pensions of persons passing military service, - the plaintiff pensioners receiving the pensions granted according to the procedure, established by the pension legislation of the Russian Federation are exempted from payment of the state fee on the cases considered in courts of law and magistrate judges taking into account provisions of Item 3 of this Article.

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