The constitutional court confirmed that persons with disabilities have a 50% discount on the CTP

© RIA Novosti / Natalia to Seliverstova in photobackpack for people with disabilities. Archival photoThe constitutional court confirmed that persons with disabilities have a 50% discount on the CTP© RIA Novosti / Natalia to Seliverstova the image Bank

The constitutional court (CC) has published a resolution which affirmed the right of disabled persons to compensation in the amount of 50% of the insurance premium paid for insurance even in cases where the car is registered to their legal representative, according to the materials of the court.

In the magistrate’s court of the city of Vyksa Nizhny Novgorod region asked the mother of two young children with disabilities Natalia Biryukova, which in the local office of social security has denied compensation in the amount of 50% of the insurance premium paid for insurance. By law, such compensation benefits with disabilities, including children with disabilities, vehicles for medical reasons, or their legal representatives. However, in compensation, the woman was refused because the owner of the car is she, not the children. The magistrate considered that the provision violates the rights of the disabled, suspended the proceedings and appealed to the constitutional court for clarification.

The COP recognized not contradicting the Constitution of the first subparagraph of paragraph 1 of article 17 of the Federal law «On mandatory insurance of civil liability of owners of vehicles».

The government of the Russian Federation decree of 19 August 2005 No. 528 approved the Rules of granting from the Federal budget of subventions to budgets of subjects of the Russian Federation on realisation of powers on payment to disabled people (including disabled children), having vehicles according to medical indications or their legal representatives the compensation paid their insurance premium under the contract of insurance, according to the ruling. Wherefore, the court notes, the state authorities of the subject of the Russian Federation is not entitled to set additional conditions for obtaining such compensation or change the circle of persons having a right to it.

Initially, this measure of social support was provided solely invalids who have received vehicles through bodies of social protection, but since 1 January 2005 people with disabilities have lost the right to ensure the vehicles free of charge or on preferential terms, the number of recipients of compensation of insurance premiums paid under the contract of insurance, currently are not only disabled adults, but disabled children as well as their legal representatives.

© Fotolia / RogatnevАвтомобиль and money on scalesThe constitutional court confirmed that persons with disabilities have a 50% discount on the CTP© Fotolia / RogatnevАвтомобиль and money on scales

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