The draft federal law On Introducing Amendments to Article 9 of the Federal Law On Introducing Amendments to Certain Legislative Acts of the Russian Federation with Regard to Improving the System of Remuneration for Judges in the Russian Federation and on Invalidating Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation has been submitted by State Duma deputies Tamerlan Aguzarov, Vladimir Pligin and Vladimir Ponevezhsky.
Pursuant to Part 3 of Article 104 of the Constitution of the Russian Federation, the Government of the Russian Federation has considered the draft law, taking into account the submitted feasibility study.
The draft law introduces amendments to Article 9 of the federal law On Introducing Amendments to Certain Legislative Acts of the Russian Federation with Regard to Improving the System of Remuneration for Judges in the Russian Federation and on Invalidating Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation (hereinafter referred to as the Federal Law), which stipulate that during the recalculation indicated in Article 9 Part 4 of the Federal Law, the size of the monthly lifetime allowance for a retired judge, and the allowance of a judge receiving the allowance under Article 3 of the federal law On Additional Guarantees of Social Protection for Judges and Court Staff of the Russian Federation, and, if a judge retires, also the size of the monthly lifetime allowance which served as the basis for calculating the allowance, and of the monthly compensation received by a family member of a judge who has died, cannot be less than the size of the relevant payments calculated before the day the Federal Law came into force.
At the same time, in accordance with point 4 of Article 20 of the federal law On the Status of Judges in the Russian Federation, in the event of the death of a judge, a monthly compensation is paid amounting to the monthly remuneration of a judge after deducting the share for which the judge accounted, minus mandatory state insurance payments, loss-of-breadwinner pension, as well as other pensions, earnings, scholarships and other incomes for dependent family members who are disabled.
Considering the above, point 3 of Part 41 of Article 9 of the Federal Law (as worded in the draft law) should read: “monthly compensation received by the deceased judge’s (retired judge’s) family members who are disabled.”
In addition, paragraph one of Article 1 of the draft law should be brought into line with the rules of legal drafting methodology by indicating the Russian Federation Code as the source of the official publication of the Federal Law.
Considering the above and keeping in mind that the approval of the law, according to the feasibility study, will not require additional outlays from the federal budget, the Government of the Russian Federation supports the draft law, subject to it being amended in line with these observations.