2009/08/27 "Case of Firsova Returned to Zyuzinsky District Court"
  • Press Release No. 75/1218
  • 27/08/2009

Today, August 27, the Mother's Right Foundation won the case of the family of a dead Hero of the Russian Federation. This time we won the case in favour of Natalya Fyodorovna Firsova, mother of the dead serviceman. Her son, Sergey Firsov (b. 1971), senior lieutenant and the Deputy Commander of a Scout Platoon, Marines Regiment No. 165 of POF, died in military action in Chechnya on February 7, 1995. The scout group under Sergey's command got into ambush; he ordered his guys to move away and stayed to cover their retreat. But because of the heavy fire, only one man escaped. On the same day, the scouts returned the boys' bodies; no one had a single bullet; each of them was finished off with a control shot to the head. They counted 72 wounds on Sergey's body.... On May 3, 1995, he was conferred with the title of Hero of the Russian Federation by the Decree of the RF President.

As the mother of a fallen Hero of the Russian Federation, Natalyia Fyodorovna has the right to receive an increased (100%) loss-of-breadwinner pension. But the Military Commissariat of the Moscow Region refused to increase her pension. We applied to the court, but on April 23, 2009, regardless of the Law and the judicial practice, the Zyuzinsky District Court, Moscow, supported the decision of the Military Commissariat. The Mother's Right Foundation filed a cassation appeal against this decision; today it was considered by the panel of judges of the Moscow City Court. The interests of the mother of the deceased were represented by Anna Mukaseyeva, lawyer of the Mother's Right Foundation. She stated the position of the Foundation: the decision of April 23, 2009 passed by the Zyuzinsky District Court was illegal and groundless. The Court did not take into account that the RF Law ‘Pension Provision for Servicemen of Army, Internal Affairs Bodies, Penitentiary System and Their Families' provided three kinds of pensions. Two of them are provided for servicemen, and the third one - a loss-of-breadwinner pension - is meant for dead servicemen's families (according to article 28 of the Law). Article 45 of the same Law defines their services for the homeland and their right to receive pensions increased according to these services. A long-service and disability pensions are meant for living servicemen. According to article 29 of the law, a loss-of-breadwinner pension is meant for disabled members of a dead serviceman's family. Thus, this bonus is added to the pension received by a dead serviceman's family members. The lawyer of the Mother's Right Foundation stressed that the decision passed by the Zyuzinsky District Court contradicted the judicial practice (Anna Mukaseeva mentioned the cases which the Foundation had won in favour of the parents, widows, and children of the Heroes of the RF and War veterans - L.V. Andrenkova, T.A. Zhidkova (Supreme Court, August 15, 2008), V.D. Zhidkova, N.I. Tribuntsova, I.N. Tribuntsova, N.G. Rumyantseva). The Foundation lawyer demanded that the decision of the Zyuzinsky District Court of April 23, 2009 be cancelled and passed for retrial to the court of first instance.

The trial was attended by prosecutor Irina Borisovna Lubimova. She was outraged with the decision of the court of first instance and came to support the position of the Mother's Right Foundation: ‘We consider the decision on the case of Firsova passed by the Zyuzinsky District Court as illegal and liable to cancellation. Passing this decision, the judge broke the Federal Law "Pension Provision of Servicemen", article 45, p. (a).' Prosecutor Lubimova demanded that the decision in favour of the Military Commissariat passed by the Zyuzinsky District Court be cancelled and the case be passed to the court of first instance for retrial. She told the Foundation lawyer that the Office of Public Prosecution could not but interfere in the case of Firsova, ‘We are always on the citizens' side.' No representative of the Military Commissariat came to defend its interests.

After hearing the parties, the panel of judges of the Moscow City Court consisting of Lubov Alexandrovna Lomakina, Eleonora Svyatoslavovna Dankovtseva, and Vera Konstantinovna Dubinskaya announced the decision satisfying the claim filed by the Mother's Right Foundation. Now the Zyzinsky District Court has to reconsider the case of Firsova.... We'll inform you on the date of the trial. Watch our Press Releases! 

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