The government approved the draft on liability for delay payments to the military

© RIA Novosti / Ekaterina to Chesnokova in fotobounce on the house of the government of the Russian Federation from quay Tarasa Shevchenko in Moscow. Archival photoThe government approved the draft on liability for delay payments to the military© RIA Novosti / Ekaterina to Tecnocovering the image Bank

The Russian government has approved the draft Federal law to amend the provisions of the law on compulsory insurance of life and health of servicemen, which allows you to refuse payment of a penalty for delay of insurance payments, according to the website of the Cabinet.

«To approve the draft Federal law «On amendments to the Federal law «On compulsory state insurance of life and health of servicemen, citizens called on military gathering, persons of ordinary and commanding structure of bodies of internal Affairs of the Russian Federation, State fire service, employees of establishments and bodies criminally-Executive system, employees of national guard troops of the Russian Federation» and submit it to the State Duma in the established procedure», — stated in the message.

As specified, the bill was developed in pursuance of decisions of the constitutional court of the Russian Federation from June 18, 2018 No. 24-P in the case about the verification of constitutionality of paragraph 1 of article 7 of the Federal law of March 28, 1998 №52-FZ «On compulsory state insurance of life and health of servicemen, citizens called on military gathering, persons of ordinary and commanding structure of bodies of internal Affairs of the Russian Federation, State fire service, employees of establishments and bodies criminally-Executive system, employees of national guard troops of the Russian Federation».

The constitutional court recognized contradicting the Constitution and ordered to change norm of the law on compulsory insurance of life and health of military personnel, allowing to refuse payment of a penalty for delay of insurance payments.

The case was heard on appeal by a former police officer Andrey Zvyagintsev, who became the invalid of II group in the result of a disease received during the service. At the time of treatment of insurance claims revealed that the Ministry has no contract with the insurance company. Later, the Agency has concluded the corresponding contract, and Zvyagintsev has received the insurance amount in court, but he was not paid penalty for delay of payments.

According to the applicant, the contested norm violates his rights because it may be arbitrarily interpreted that exempt the insurer from liability in the form of penalties for violation of term of payment of insurance amount.

The constitutional court agreed with the position of the Complainant, stating that the enforcement paragraph 1 of article 7 of the law on obligatory state life insurance and health of military personnel is understood as the norm, which does not provide for the payment by the insured of the penalty for delay of insurance payments.

By recognizing the contested provision unconstitutional, the constitutional court has prescribed the procedure for its application before amendments to the law and sent the case back for jury review.

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