In Russia, a mechanism of pre -trial appeal of pensions may appear
The Ministry of Labor proposes to introduce in the Russian Federation a mechanism of pre -trial consideration of complaints about the incorrect appointment of pensions. For this, the department will create a specialized commission under the social fund – since 2015, similar structures have been working in Crimea and Sevastopol. According to the department, this will make decisions on claims faster, including due to the presence of access to the data of the Federal Tax Service (Federal Tax Service), Rostrud and other departments. Also, the measure can significantly reduce the load on the courts and give the fund a stable flow of comparable data on the quality of the work of its employees – building such feedback systems is already typical of executive bodies.
In Russia, a mechanism of pre -trial appeal of decisions of the social fund on the size of the pension will appear. The corresponding draft of the Federal Law “On Amendments to the Federal Law“ On Insurance Pensions ”” – its Developed Ministry of Labor – was published on the portal Regulation.gov.ru.
Now, recall, the only way to appeal the amount of the insurance pension appointed by the social fund is to go to court. On average, the courts of different instances consider several tens of thousands of such cases, mainly the plaintiffs dispute the amount of the appointed pension, complaining that the fund has not taken into account certain periods of insurance experience. In other cases, trials may concern errors when paying accruals-for example, a resident of St. Petersburg has not paid a pension for old age since 2016 due to the erroneous recognition of her deceased, which she subsequently successfully challenged with the help of the prosecutor’s office.
As follows from the text of the bill, in the case of its adoption, Russians will be able to resort to the help of a special commission for the implementation of pension rights, which the Ministry of Labor proposes to create under the social fund, as an alternative to its adoption. The order of its work, which should begin in 2027, will subsequently determine the government with a separate resolution.
As explained in the press service of the Ministry of Labor, the new mechanism of appealing for decisions on the payment of pensions does not replace the appeal to the court-it will remain one of the options. At the same time, the commission, according to the department, will make decisions faster than the court.
According to the Ministry of Labor, “judicial practice shows that most of the claims of citizens are satisfied in terms of appointing a pension,” but “the trial period often goes beyond one year.” At the same time, « the interdepartmental commission has more powers to include periods in the length of service, including by connecting experts from the Federal Tax Service, Rostrud and other departments. »
The basis of the regulations of its work will probably be adopted by the experience of the functioning of such commissions in the Crimea and Sevastopol since 2015, in the DPR, LPR, Zaporizhzhya and Kherson regions since 2023. Their appearance there was due to the need to resolve the problem of transferring obligations to pay pensions from one state to another: the Ukrainian social protection authorities did not transfer information to the Russian Federation about pension experience, and the key basis for the appointment of pensions was the words and evidence of the applicants themselves. For example, the Crimea Commission during its work examined more than 11 thousand statements of citizens and most of them received positive or partially positive decisions.
At the federal level, the mechanism of pre -trial appeal of decisions regarding social benefits was previously implemented in the Social Insurance Fund (FSS) and existed until the merger of the FSS and the Pension Fund in the Social Fund in 2023.
The practice of building pre-trial appeal systems of state bodies and resolving disputes in recent years has become increasingly common and is applied, for example, in the disputes of citizens on financial issues (for this, the Institute of Financial Ombudsman has been introduced in the Russian Federation, which is mandatory before applying to the court), as well as companies in disputes about the decisions of control and supervision bodies (for example, on issuing licenses, the appointment of inspections or inspections or inspections or inspections Assigning categories of risk of violations). In addition to a significant reduction in the load on the judicial system, as “Kommersant” in the government previously explained, this practice provides it with feedback with regulated industries, allowing it to be faster and more accurately to prevent their regulation.
