Conditions of realization of regional civil servants’ rights on pension provision

Pravoprimenenie

M. Dityatkovskiy¹  I. Tretyak² 

[1] Dostoevsky Omsk State University;The office of the Governor and the Government of Omsk region;

关键词: constitutional guarantees;    pension provision;    public service;    civil servant;    budget balance;    pension;    retirement pension;   

DOI  :  10.24147/2542-1514.2018.2(3).64-71

来源: DOAJ

【 摘 要 】

The subject of the paper is civil servants’ right on pension provision and realization of this right in Russian regions.The purpose of the paper is to check the constitutionality and legality of limits to this right. Some limits were imposed by the court practice of the Supreme Court of the Russian Fe- deration.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The authors also use the formal legal interpretation of judicial decisions of the Supreme Court of the Russian Federation, concerning pension rights of public servants.The main results and scope of their application. The principle of budget balance is very relevant for the Russian Federation and is crucial in the system of public administration. But different courts’ approaches to the protection of the rights of citizens depending on their official position and social affiliation means a violation of the constitutional principle of equality of rights, infringe the rights of civil servants to state pension provision. The results of research may be used as the basis of correction of judicial practice of the Supreme Court of the Russian Federation and legislation concerning pension rights of public servants.Conclusions. Deprivation of rights to receive a pension when there is an absence of the region's necessary budget funds leads to unjustified differences in the implementation of this right in relation to civil servants in certain regions of the Russian Federation. The con-stitutional principle of equality of citizens' rights should always be taken into account by the courts when considering the most important cases related to the establishment of social support measures for certain categories of citizens.

【 授权许可】

Unknown