2009/09/10 "Panel of Judges Supporting Our Position"
  • Press Release No. 83/1226
  • 10/09/2009

Today, September 10, the Vladimir Region Court has considered the cassation appeal by the Pension Fund Department of Vladimir Town against the decision in favour of Galina Alexandrovna Krutyh, mother of a deceased serviceman, passed by the Frunzensky District Court on July 8, 2009. Her son, Ilya Krutyh (b. 1988), was called up to military service on December 20, 2007, and served in Military Unit No. 92889, Headquarters Service Company,  Moscow. On July 24, 2009, Ilya died in an accident (electric shock). He died in military service. According to the current Law, his mother had the right to receive a loss-of-breadwinner pension, but the Pension Fund Department of Vladimir Town turned down her pension application. Apparently, the officials of the Department thought that her having two pensions (Galina Alexandrovna had been receiving a service pension) would have been too good for her. On behalf of Galina Alexandrovna, the Mother's Right Foundation brought an action to the court and won the case on July 8, 2009, but the Pension Fund Department filed a cassation appeal.

The mother's rights were protected by Zarema Yusupova, the Mother's Right Foundation lawyer. She stated the Foundation's position: ‘The decision passed by the Court of First Instance was well-grounded and legal.' According to ‘The State Pension Insurance in the Russian Federation', Federal Law No. 166, article 8, parents of dead servicemen have the right to a loss-of-breadwinner pension. Mothers - from the age of 50, fathers - from the age of 55. At the moment of her son's death, she was 51, thus she had the right to a loss-of-breadwinner pension. She applied to the Pension Fund Department in January 2009, but the Department denied her of the second pension. This denial has no legal grounds and violates the Constitutional rights of the mother of the deceased (the position was confirmed by the decision by the RF Supreme Court of 25.07.2005, No. 80-В06-5). Zarema Yusupova, lawyer of the Mother's Right Foundation, asked that the decision of the Court of First Instance remain valid.

The representative of the Pension Fund Department of Vladimir Town, Olga Yurievna Sokolova, tried to prove that the mother ‘had no right' to a loss-of-breadwinner pension. She asked that the decision of the Court of First Instance be repealed.

On hearing the parties, the panel of judges consisting of Rimma Yevgenievna Sudakova, Yuri Valentinovich Samylov, and Svetlana Mikhailovna Sergeyeva, passed the decision, according to which the judgment of the Court of First Instance remained unchanged and the cassation appeal by the Pension Fund Department was denied. The judgment of the Frunzensky District Court has come into legal force and must be executed.


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