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Judgment of the Constitutional Court of the Constitutional Court 27 March 2012 № 7-П on the review of constitutionality of provisions of part 2 of Art 29 of the Law of the Russian Federation “On Militia” and paragraph 1 of part 3 of Article 43 of the Federal law "On Police" in connection with the request of Zhelezhodorozhyi district court of Penza City

Legal issue: whether the contested provisions are constitutional as long as they establish a lower, as compared with general rules of the civil law, amount of compensation of harm caused to the family members and dependents of a member of staff of militia (or police) by the death of bread-winner resulting from a severe injury or another damage to health connected to his discharge of official duties.

Ratio decidendi: the Court refrained from deeming the provisions in question to be unconstitutional, having pointed out that, being taken in their constitutional sense, they do not prevent making, by way of compensation of harm caused by the death of bread-winner, such monthly payment which together with other payments would give to the persons in question at least a part of the salary (money allowance) which accrued to each of them during the lifetime of the policeman (or member of

The Court has obligated the federal legislator to make appropriate changes to the legislation in force with the purpose to improve the mechanism of compensation of harm (compensation for pecuniary losses).



 

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