DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 3, 2006 No. 486-O

According to the claim of the citizen Bezuglova Tamara Petrovna to violation of its constitutional rights Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, A.YA. Plums, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having heard the conclusion of the judge N. S. Bondar who was carrying out preliminary studying of the claim of the citizen T. P. Bezuglova based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:

1. The subitem 7 of Item 3 of article 1 of the Federal Law of July 7, 2003 N118-FZ "About modification and amendments in the Federal Law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" from Item 8 of article 12 of the called Federal Law providing that to persons having the right to the insurance payments in case of death insured the amount of monthly insurance payment is estimated proceeding from its average monthly earnings received by it during lifetime of pension, the perpetual maintenance and other similar payments less the shares falling on him and the able-bodied persons which were consisting in its dependence, but not having the rights to insurance payments were excluded words of "the received by it during lifetime of pension, perpetual maintenance and other similar payments".

In the claim in the Constitutional Court of the Russian Federation the citizen T. P. Bezuglova disputes constitutionality of Item 8 of article 12 of the Federal law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases" in the specified edition.

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