Monthly lifelong maintenance of judges: legal aspects, rights and obligations, accrual and payment procedures

The monthly lifelong maintenance of judges is a payment every month, which is made in accordance with the law of Russia “On the status of judges”. The law clearly spells out the procedure and amount of payments that are prescribed by law, as well as the conditions for their accrual. There are many aspects that need to be addressed and that need to be addressed in more detail.

The judicial system of the Russian Federation

The entire system of the Russian Federation consists of the following components:

1. Constitutional courts or statutory.
2. The Supreme Court of Russia, which includes the courts of the republics, courts located in the region, city courts and a military court.
3. There are general courts of jurisdiction, specialized courts.
4. The system of courts of the Russian Federation includes: Arbitration court and district courts.
   

Regardless of which court the judge will work in, he has the full right to monthly maintenance.

Who is entitled to content

The monthly life-long maintenance of judges is by no means taxed, and all funds paid are taken from the state budget. The right to content can be:

1. Judges who have retired, but only if their work experience is at least 20 years, age does not matter.
2. Judges who resigned and had twenty years of experience, with men aged 55 and women 50.
3. The monthly life support of judges is also granted to men who have reached 60 years old, women - 55 years old, while the length of service in the jurisdiction should not be less than 25 years. Seniority is calculated when calculating the size of the monthly life-time maintenance based on the person’s working time not only as a judge, but also in other professions related to jurisdiction.
4. Former judges who retired by age and were working at that time as judges.
5. The privileges can be used by judges who have transferred to other state bodies and retired judges .

It should be noted that the monthly lifelong maintenance of judges completely excludes the receipt of any other payments and other types of pensions. A judge can count on an additional pension only if he is disabled or has received a military injury.

Who can’t get paid

Not all judges have the right to permanent support from the state, there are many points that are definitely worth considering and knowing about them:

1. Judges who have been recalled from their positions cannot count on lifelong payments.
2. Former judges who were later convicted of a deliberate crime.
3. Judges who committed misconduct that entailed removal from office.

In all other cases, judges can rely on payments from the state.

Features of the appointment of monthly payments

The monthly lifelong maintenance of a retired judge depends primarily on length of service and salary. The fact is that a judge has the right to calculate 80% of the salary, which coincides with the salary of a judge working in exactly the same position, but at the same time, the length of service must be at least 20 years.

A former court employee who is retired and has more than twenty years of experience can expect to add 1% to his total payout every year, with a maximum of 85%.

The size of the monthly lifelong maintenance of judges by the state is determined once, while the judge resigns or resigns. It is worth considering that after the payments have been assigned, no recalculations are made, except in cases where the payments depend on the salary of the judge for the position. Payments may be assigned to judges of the Constitutional Court who have resigned if they have a work experience of 15 years, but in this case the powers of a judge must be terminated for the following reasons:

1. The term of office expires with age and tenure.
2. Submission of a written resignation by the judge himself due to age limit.
3. Recognition of a judge as legally incompetent.
4. Inability to carry out their judicial activities for health reasons.

The appointment of monthly life support to judges in some cases is calculated taking into account work in another legal profession. Payments will not be awarded to judges if they resigned of their own free will, and later a decision was made by the court to terminate the resignation.

What is included in the salary of a judge

Given the fact that many payments are based on the salary of a judge, it should be considered that it includes:

1. First of all, the salary of a court employee at the time of resignation is taken into account. The military judges are calculated taking into account the salary of the military rank. If the judge continues to work and retires, then you can replace her with the monthly life support of judges, in which case the salary will correspond to the salary on the day of writing and fixing the application.
   
2. When a judge has a qualification class, an additional payment is made.
3. Paid for years of service.
4. Difficult working conditions are taken into account. The state makes a 50% surcharge on salaries.
5. If the judge has an academic degree, academic rank, an allowance is also made.
6. If the judge works in especially difficult conditions, there are high achievements in labor activity, then a bonus is charged.
7. The appointment of life-long maintenance of judges in the northern regions is carried out taking into account the peculiarities of payments for these areas (northern coefficients).

The case of each judge is considered separately, taking into account all the prizes and merits to the state.

Procedure for assigning payments to judges

In order to start calculating payments to judges, first of all, you need to submit an application - this will be the main basis for considering the case. The time for submitting a written application has no established deadlines. The application must contain the reason why the person leaves his post and applies for the monthly lifelong maintenance of judges, and also indicates the lack of income, upon receipt of them there is no need to count on the content. The written application is sent to the judicial department at the place of residence or at the place of the person’s former work.

A certain package of documents must be attached to the application: a photocopy of the work book, a decision on resignation, documents that confirm the length of service as a judge. A former judge who is retired must enclose a statement from the district social protection authority with the application, which will indicate the amount of the pension received.

The procedure for appointing the monthly life support of judges includes the right to surcharges, but in this case, copies of documents confirming the assignment of a rank, rank or academic degree should be attached to the application. The application is considered in the judicial department, on this occasion a special commission is going to be led by specialists from the personnel and accounting services, after which a decision is made. The created commission must, within ten days, verify the validity of the application and determine the amount of the surcharge for permanent payments, and after 5 days an order is created, which takes effect. If the recipient does not agree with the charges, then he can appeal it in court under the relevant legislation.

Judges who worked in arbitration courts can submit their application and documents to the arbitration court, where they worked earlier, after which the application will be sent to the commission of appointment, where the monthly life support of the judge will be determined. The Supreme Court will consider the application within ten days, and five days later the order of the Supreme Court of Russia on payments will be created.

The military judges are appointed in the same manner as the others, but the application is considered by a special commission under the management of military courts.

Work experience in charging

The procedure for the payment of monthly life support to judges and its accrual includes the presence of a certain length of service:

1. A judge must work in a public position from the day he is elected until the time when all his powers have been removed. It should be noted that the judges who worked on December 12, 1991, take into account the experience of their work until the moment they resigned.
2. The experience will include the judge’s working hours in the courts of general jurisdiction, in various statutory courts and state arbitration bodies. The monthly lifelong maintenance of a retired judge will be calculated on the basis of the time worked in positions where it is necessary to have a legal education, for example, it may be prosecutors, investigators, lawyers, but only if this position was preceded by a judge.

If a judge interrupted his work in government bodies of the Russian Federation, after which he returned to work again in the same position, the length of service will be calculated in total, and breaks in work will not particularly affect him. The special situation and lifelong maintenance of judges in retirement applies to judges of the Far North and localities that are equated with them, in which case the maintenance may be increased and paid in accordance with the established coefficients. It is important to remember that when a judge’s authority is suspended, except in special cases where preventive measures have been applied to the judge in the form of detention or prosecution, the judge can count on the right to life imprisonment.

How much life support is paid

As a rule, a monthly lifelong maintenance is paid to a judge who has been in the relevant position for 20 years. A judge can choose one thing, for example, to leave a state pension, which will be paid, like all citizens, under general conditions, or a permanent well-deserved maintenance, it is not taxed and makes up 80% of the salary of a judge working in the same position.

If a person is retired and has less than twenty years of experience, but has reached 55 years, then the amount of the allowance for each month is calculated taking into account the full years that have been worked out as a judge.

The payment of life support to judges who are retired, but at the same time their work experience is more than 20 years, will gradually increase based on:

1. First of all, for each year of processing after 20 years, 1% of the total content is added.
2. The amount paid may reach a maximum of 85% of the judge’s salary in the same position.

Life support is assigned to judges who have worked in positions less than 10 years. In this case, the content will be calculated in proportion to the years that have been worked in this position.

When determining the size of the monthly lifelong maintenance of judges of the Russian Federation, such moments may be included in the salary:

1. The salary of the judge at the time of resignation is taken into account. The military receive a salary according to their military rank. If the pension is replaced by monthly maintenance, then the salary will be the amount that the judge receives who works on the day the application is written.
2. Additionally, an extra charge for the length of service is charged.
3. If the judge worked in special conditions, then he is still paid 50%.
4. A judge with a degree or title may be eligible for a bonus.
5. Judges who have worked in difficult conditions or have special achievements in their field of activity can count on a bonus.
6. Judges are provided with food rations, and if it was not issued in kind, then it will be possible to pick it up in cash.
7. The monthly lifelong maintenance of federal judges takes into account payments by coefficients, for example, if the judge worked for some time in mountainous regions or in sparsely populated areas, the allowance is made to judges working in areas with adverse working conditions, including climatic ones. But it is important to remember that a judge who is retired and lives in an area where there is a premium coefficient will not receive accruals for food rations.
8. Judges who work in the Far North and have at least 15 years of experience will be paid lifelong maintenance upon retirement, taking into account the local coefficient, regardless of where they live at the moment.
   

When upkeep is awarded, the monthly lifelong payment to judges does not include bonuses. Only judges who still work in their positions can count on bonus payments. The size of the bonus can reach three monthly fees per year.

For former judges who have been transferred from a judge’s position to other state enterprises and who retired, monthly maintenance is paid based on the salary of a working judge in the same position, additional payment for the qualification class and years worked may be additionally paid. All the time of payments, recalculation can be carried out, but only if the salary increases, no additional statement will be required for this.

Rights and obligations when paying maintenance to judges

All payments that judges receive are paid from the federal budget. When a judge stops receiving a pension, they immediately begin to pay monthly maintenance. An application for the appointment of monetary support must be submitted in advance, then the necessary amount is calculated from the day the application is received. If the judge is retired, but temporarily discharges his duties, then the payment of maintenance for this period is also not suspended. If the Supreme Court establishes the monthly lifelong maintenance of a judge, then payments are made at the person’s place of residence. Payments may stop only in special cases:

1. If the resignation of a judge has been terminated.
2. If the judge has violated the conditions for receiving the maintenance laid to him.
3. When a person is no longer a citizen of the Russian Federation.
4. In the case when the judge himself submits an application to the relevant authorities on the termination of life sentence.
5. If a person has died, then payments cease from the first day of the following month after the judge has been declared dead.
6. If the judge got a job, except for the Russian authorities, the payments also cease, and the excessively paid amounts must be compensated voluntarily or they are seized in court.

In all other cases, payments are made in accordance with the law.

Legal Aspects

If disputes arise regarding the appointment of content to judges, then a special commission may deal with this issue. The terms and procedure for considering disputed issues are determined by a special provision on the creation of a commission. The commission may include: representatives of the Supreme Court and the Judicial Department.

A judge may, while retired, work. With the consent of the person, he can be brought to work for the administration of justice as a judge. If there is a vacant position during the year, the judge has the full right to work and receive cash benefits until the moment when the powers of the judge are not suspended. The decision to bring a retired judge to office is made by the president of the highest court, taking into account the positive opinion of the panel of judges.

It is also worth remembering that a judge who has been retired and had at least 20 years of work experience has the full right to work in government bodies and in local self-government bodies, he also has the right to hold the position of assistant to the deputy of the State Duma, but in no case cannot hold the position of prosecutor or investigator. While the retired judge is still involved in judicial activities, the immunity law applies to him. In the laws of the Russian Federation, additional privileges are determined for judges:

1. As soon as the judge resigns, he is paid compensation for the purchase of special travel documents for all types of transport of suburban and local traffic. , . . .
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