• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Judgment of the Constitutional Court of 1 July 2014 №  20-П of Passage 1 of Paragraph 2 of the Decree of the Supreme Council of the Russian Federation “On Extension of Effect of the Law of the RSFSR “On Social Security of Citizens Having Been Exposed to Influence of Radiation in Consequence of Chernobyl’ Atomic Power Plant Disaster” to Citizens from High-Risk Units” upon the petition of citizen Lyakin

Lеgal issue: the constitutionality of the regulation, which deprived the members of high-risk units who may in the future become disabled as a result of radiation, of the right to receive a compensation of harm. 

Ratio decidendi: the regulation in question is unconstitutional because it disregards the medical disability of such persons (the fact of which testifies by itself to the infliction of harm) as a result of a disease acquired when taking part in high-risk units. Thereby it puts  them, without sufficient grounds, in a worse position as compared with both the members of military personnel recognised as disabled following the Chernobyl disaster and the persons disabled as a result of a military injury. Such legal regulation contradicts the constitutional principle of equality. The federal legislator must  make the persons in dispute to be also eligible to disability benefits.     

Document  (218.71Kb)


 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.