2009/07/31 "Do No Harm to Disabled!"

 

  • Press Release No. 71/1214
  • 31/07/2009

Today, July 31, the Leninsky District Court of Yekaterinburg considered the claim filed by the Mother's Right Foundation on behalf of the dead serviceman's mother, Galina Viktorovna Titova.  Her son, Nikolai Titov (b. 1986),  was called up to military service on November 22, 2004 and served in Military Unit No. 32477, Volgograd Region. During his service, Nikolai Titov signed a contract. He died in military service on March 22, 2006. His mother, Galina Viktorovna, is a disabled person (disability group 3). She has no other source of income except her disability pension. As a mother of a contract serviceman and according to the Law, she has the right to the second pension - a loss-of-breadwinner pension. In December 2007, the dead soldier's mother applied for a pension to the Military Commissariat of the Sverdlovsk Region but her application was denied. On behalf of Galina Viktorovna, the Mother's Right Foundation brought an action to the court.

The interests of the mother of the deceased were represented by Zarema Yusupova, lawyer of the Mother's Right Foundation. She stated the Foundation's position. According to article 29 of Federal Law No. 4468-1, Pension Provision of Military Servicemen, in case of a serviceman's death, his disabled parents have the right to a loss-of-breadwinner pension (LBP). According to article 7 of the same Law, parents of servicemen who died from military traumas have the right to two pensions. They may receive a loss-of-breadwinner pension irrespective of the other one. Thus, Galina Viktorovna Titova (disability group 3), has the right to receive a loss-of-breadwinner pension as the second pension.

The lawyer of the Mother's Right Foundation also stressed that according to article 53 of the Law, in case of a delayed application, a pension should be granted from the date of validity but not more than 12 months before the date of application. At the end of the statement, she demanded that they admit Titova's right to receive a loss-of-breadwinner pension as the second pension and oblige the Military Commissariat of the Svedvovsk Region to pay this pension to the mother of the deceased from December 12, 2006.

The Military Commissariat, which had denied Titova's application for a loss-of-breadwinner pension, did not send a representative. Instead, they sent a written consent that the case be considered without their participation. Perhaps, they were ashamed and did not wish to get engaged in a legal battle with the dead soldier's mother? Or may be they understood that the position of the Mother's Right Foundation, as always in such cases, would win.

After some discussion, judge Galina Alexandrovna Pronyaeva fully satisfied the claim of the Mother's Right Foundation.


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