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

of December 11, 2012 No. 30

About practice of consideration by courts of the cases connected with realization of the rights of citizens to work pensions

Due to the introduction of amendments to the legislation governing the pension relations of insured persons and the questions Plenum of the Supreme Court of the Russian Federation which arose at courts for the purpose of ensuring unity of court practice, being guided by article 126 of the Constitution of the Russian Federation, articles 9 and 14 of the Federal constitutional Law of February 7, 2011 N 1-FKZ "About courts of law in the Russian Federation", decides to make to courts the following explanations:

1. Draw the attention of courts that owing to Item 1 of part 1 and part 3 of article 22 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) cases on disputes on establishment or refusal in establishment of work pension, on payment to the specified pension, on 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.

In case of disagreement with the decision of the body performing provision of pensions, the citizen has the right to appeal it in higher body (in relation to the body which passed the relevant decision) and (or) to take a legal action with relevant requirements (Item 7 of article 18 of the Federal Law of December 17, 2001 N 173-FZ "About work pensions in the Russian Federation" (further - the Federal Law N 173-FZ).

2. 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 by articles 23 and 24 CCP of the Russian Federation:

a) cases on receivership proceeding in case of the price of the claim which is not exceeding fifty thousand rubles 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 on recovery of term on the appeal to the relevant organ performing provision of pensions behind payment of the means considered in special part of individual personal account of the died insured person), 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 for old age earlier generally established the law of 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. Claims for the cases connected with realization by citizens of the right to work pension are shown by the general rule of territorial cognizance - in the location of the defendant (the relevant organ which is performing provision of pensions, refused award of pension or paying pension).

4. When checking of correctness of payment of the state fee by courts by the citizens turning to courts of law and also to magistrate judges with actions for declaration, it is necessary to consider the privileges established for certain category of persons listed in article 336.36 of the Tax Code of the Russian Federation.

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.

Owing to subitems 2 and 5 of Item 2 of Article 333.36 of part two of the Tax Code of the 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 - 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.

At the same time the claimants who are not receivers of pension (except for disabled claimants of I and II groups and claimants addressing in protection of the rights and legitimate interests of the child), on the disputes connected with realization of pension entitlement pay the state fee in the amount of and procedure, provided by Articles 333.19 and 333.20 of part two of the Tax Code of the Russian Federation.

In case of satisfaction of requirements of the citizen the court expenses incurred by it on case (including the paid state fee) are subject to compensation by the defendant in the rules provided by articles 98 and 100 CCP of the Russian Federation.

If the claimant was exempted from payment of the state fee, it is collected from the defendant in the conforming budget in proportion to the satisfied part of claims proceeding from that amount which the claimant shall pay if it was not exempted from payment of the state fee (part 1 of article 103 CCP of the Russian Federation, the subitem 8 of Item 1 of Article 333.20 of part two of the Tax Code of the Russian Federation).

5. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 28.05.2019 No. 13

6. Draw the attention of courts that owing to Item 1 of article 3 of the Federal Law of July 24, 2009 N 212-FZ "About insurance premiums in the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Health Insurance Fund" (further - the Federal Law N 212-FZ) control of correctness of calculation, completeness and timeliness of payment (transfer) by insurers of insurance premiums for mandatory pension insurance performs the Pension Fund of the Russian Federation and its territorial authorities.

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