- Press Release No. 76/1219
On August 28, we were informed on the decision passed by the Moscow Region Court Panel in the case of Ivan Gavrilovich Timoshenko. The Pension Fund Department denied him of a loss-of-breadwinner pension. His son, Boris Timoshenko (b. 1962), was called up to military service in 1981, and served in Military Unit No. 93261. On April 22, 1982, he died from electric shock. All his life Ivan Gavrilovich served in the Internal Affairs Bodies. After completing his service - since June 1, 1991 - he started receiving a service pension. When he reached the age of 55, he started receiving a loss-of-breadwinner pension (June 1, 2008) as the second one. Two years passed, and the officials of the Pension Fund Department thought that two pensions were too much for Timoshenko and stopped paying a loss-of-breadwinner pension. The Pension Fund Department did it because Timoshenko had served in the Internal Affairs Bodies and received a service pension. The Mother's Right Foundation appealed against the Department's outrageous denial in Court. On July 28, the Balashikha Town Court considered the case and fully satisfied the claim filed by the Mother's Right Foundation. On August 27, the decision was confirmed by the Court of Cassation and came into legal force. We did not doubt that our position was right and were glad for Ivan Gavrilovich. But at the same time we felt bitter because we were not in time to finish the analogous case of Alexander Nikolayevich Pchelintsev, father of a dead soldier from Volgograd. And now it's too late.
Alexander Nikolayevich Pchelintsev served in the Army for 23 years and finished his service as Major. The Ministry of Internal Affairs granted him a service pension. His son, Dmitry Pchelintsev (b. 1973), was called up to military service in summer 1991, and served in Military Unit 41711. On December 29, 1992, he died in military service. According to the Law, Alexander Nikolayevich received two pensions - a service pension and a loss-of-breadwinner pension. He had been receiving them till he moved from the Sverdlovsk Region to the Volgograd Region. When his documents were passed to another Pension Fund Department, the officials found out ‘a mistake' and stopped paying a loss-of-breadwinner pension in January 2008. On behalf of Alexander Nikolayevich, we brought an action to the court, but the judge refused to consider the case and told Pchelintsev that he should hire a paid advocate to represent his interests in his complicated case. The court session finished with the denial, and the judge gave Alexander Nikolayevich a visiting card of some advocate. The case of Pchelintsev was analogous to that of Timoshenko's. And it was not a more complicated one. When we knew about it, we filed an application against the judge's denial. On June 26, 2009, the panel of judges of the Volgograd Region Court (the father's interests were protected by Anna Mukaseeva, the Mother's Right Foundation lawyer) repealed the decision, and the case was returned to the Kamyshin Town Court for retrial. The hearing of the case in the Court of First Instance was fixed for August 31, 2009. Today, August 28, 2009, the Foundation lawyer called to the Pchelintsevs to tell them that we had bought tickets, and she was ready to participate in the court session. But she was told that there was no need to go there because Alexander Nikolayevich... had just been buried.
If the judge in the court of First Instance had taken the case for consideration and had not been insisting on a paid advocate, the father of the deceased would have received the money from the Pension Fund. And now the officials of the Pension Fund Department have gained a pure profit of approximately 70,000 roubles.
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