Legal issue: whether the contested provisions, as interpreted by law-application practice in the wake of the Judgment of the Constitutional Court of the Russian Federation of 20 December 2010 № 21-П, are conformant to the Constitution, as long as they serve as a ground for refusal of calculating the amount of monetary compensation to disabled persons from the ranks of military personnel who took part in the liquidation of Chernobyl catastrophe, on the basis of their money allowance with due regard to the degree of the loss of their work capacity?

Ratio decidendi: the Court came to the conclusion that 1) if a provision, which constitutional meaning has been elicited by the Constitutional Court in a judgment retaining legal force, was given in a law-application practice another interpretation, and as long as the applicant has exhausted all other possibilities for judicial protection of his rights, the Constitutional Court may admit for consideration his complaint against  the violation of his constitutional rights and freedoms by the same provision in its new interpretation, and 2) if such provision of law was deemed in the judgment of the Constitutional Court to be not contradicting to the Constitution on the condition of its being interpreted and applied only in its constitutional meaning, but it still continues to be used in the law-application practice in the interpretation which deviates from its constitutional meaning, the Constitutional Court may deem such provision to be non-conformant to the Constitution.

Accordingly, the Court deemed the contested provision in its interpretation, other than the one given to it in the Judgment of 20 December 2010 № 21-П, to be non-conformant to the Constitution.