The Constitutional Court allowed a military pensioner-entrepreneur not to pay pension contributions
[ad_1]
The man made changes to the three laws and the code
The Constitutional Court of Russia decided to amend the Tax Code of the Russian Federation, as well as the laws on compulsory pension insurance, on pensions for security officials and their families, and on insurance pensions. The reason for this decision was the appeal to the judges of a pensioner from Chelyabinsk, who received a pension and at the same time made contributions to the Pension Fund.
As it became known to MK, back in 2006, a man was granted a seniority pension in accordance with the Law on Military Pensions. And two years later, he registered as an individual entrepreneur and, as a result, began to pay contributions for compulsory pension insurance. The situation seemed unfair to the pensioner: his income was too modest so that by the time he reached retirement age (65 years) his individual pension coefficient, which is formed in accordance with annual contributions to the fund, would be sufficient for assigning an old-age pension. So now he was just losing money.
The pensioner decided to seek social justice at the local inspectorate of the Federal Tax Service. At the same time, he appealed to the decision of the Constitutional Court, issued in January 2020, according to which military pensioners who became lawyers were exempted from paying contributions if their income did not guarantee an old-age pension. This violated the rights of citizens, the principles of equality and legal certainty, proclaimed in the Constitution. To fix this, changes were made to several laws.
The pensioner was refused an inspection, citing the fact that the 2020 resolution only refers to lawyers, and he is an individual entrepreneur. The same situation was repeated in the district court, and then in the courts of appeal and cassation. Then a resident of Chelyabinsk decided to seek the truth in the Constitutional Court. Here, his efforts were crowned with success: the judges ruled that certain provisions of the three laws and the code did not comply with the Russian Constitution and ordered the federal legislator to amend the regulations. And the case of the pensioner will be reviewed, he will no longer pay contributions.
[ad_2]
Source link
