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Judgment of the Constitutional Court of 17 June 2013 № 13-П on the review of constitutionality of  part 2 of Article 2 of the Federal law of 23 December 2010 № 360-ФЗ “On Making Changes in the Federal Law “On the  Additional Social Security of the Members of the Flying Crews of Civil Aviation Aircrafts” in connection with the requests from commercial courts of Sakhalin Region and Primorskiy Krai

Legal issue: the constitutionality of the disputed rule, as long as the change introduced by it (namely, the removal of a limit on the amount of payments and remunerations on the basis of which the contributions for an addition to aviators’ pensions were calculated and exacted) was given retroactive force.

Ratio decidendi: in Court’s opinion, the regulation in question unlawfully restricts the right of organizations (the payers of such contributions) to freely use their property for entrepreneurial and another economic activity, not prohibited by law, and also violates such principles of the rule-of-law State as prohibition against giving retroactive force to a law which deteriorates the position of the payers, and the stability of the conditions of economic management. As a result, scrupulous payers of contributions were turned into debtors. The Court has deemed the contested regulation to be unconstitutional and determined special procedure in which this Judgments should enter into force.

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