Cancellation of the administrative act, resumption of pension payments in the previously established amount, assignment of the duty to recalculate

No. 6001-22-00-6ap/2411 dated 05/11/2023

Plaintiff: G.G.

Respondent: Russian State Institution "Department of the Committee of Labor and Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan"

The subject of the dispute: the cancellation of the administrative act, the resumption of pension payments in the previously established amount, the assignment of the duty to recalculate

Review of the plaintiff's cassation appeal

PLOT:

G.G., being a citizen of the Republic of Kazakhstan, simultaneously acquired citizenship of the Russian Federation (hereinafter - RF) on 07/19/2005.At the same time, the plaintiff did not take any actions to notify the authorized bodies of the Republic of Kazakhstan about this fact.

Having reached the retirement age according to the legislation of the Russian Federation - 55 years old, G.03.04.2006 applied to the relevant department of the Pension Fund, as a citizen of the Russian Federation, permanently residing in the Russian Federation since 1998, with an application for an old-age pension. Accordingly, she has been assigned a pension starting from 04/11/2006 for life in the amount of 3,140.64 rubles of the Russian Federation.

Also, G.G., having reached the retirement age according to the legislation of the Republic of Kazakhstan - 58 years old, on 04/07/2009 she applied for an old-age pension, basic pension payment, special state allowance, as a victim of political repression, with an attached identity card of a citizen of the Republic of Kazakhstan and an indication in the relevant paragraphs of the statements that she was not assigned pensions, benefits for other reasons or from another agency.

On 11.04.2009, the plaintiff was assigned age pension payments in the amount of 24,595 tenge and a state basic pension payment in the amount of 5,388 tenge. Taking into account subsequent increases, the amount of pension payments from 04/01/2020 amounted to 101,041 tenge, the amount of the basic pension was 32,668 tenge.

By decisions of the Department dated 05/14/2020, the payment of retirement age payments and state basic pension payments was discontinued from June 1, 2020.

On 15.05.2020, G.G. made a refund of unreasonably received pension payments in the amount of 9 787 253 tenge.

On 15.12.2020, having renounced Russian citizenship, she applied to the relevant department of the Pension Fund of the Russian Federation for refusal to receive her assigned pension. By the relevant decision of 12/15/2020, the payment of the assigned old-age pension was suspended from January 1, 2021.On January 19, 2021, the plaintiff applied to the branch of the NAO "Government for Citizens State Corporation" with a statement on the appointment of a state basic pension payment, indicating that such payments had previously been assigned.

By the decision of the Department dated 01/22/2021, the plaintiff was assigned a state basic pension payment in the amount of 34,302 tenge. Also, by the decision of the Department dated 03/05/2021, retirement age payments in the amount of 43,272 tenge were assigned.

By the decision of the Department dated 06/18/2021, the plaintiff was assigned a special state allowance in the amount of 3,122 tenge.

The plaintiff's complaint about the restoration of her previous pension payments by the Department was left without satisfaction, the response is motivated by the fact that earlier pension payments were illegally appointed.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are upheld.

In rejecting the claim, the courts reasonably proceeded from the following.

According to paragraph 3 of Article 10 of the Constitution of the Republic of Kazakhstan and article 3 of the Law of the Republic of Kazakhstan "On Citizenship of the Republic of Kazakhstan", citizenship of another state is not recognized for a citizen of the Republic of Kazakhstan, which provides for the unacceptability of multiple, including dual citizenship in the Republic. Also, in accordance with paragraph 5 of Article 21 of this Law and Resolution of the Constitutional Council of the Republic of Kazakhstan No. 12 "On the official Interpretation of Articles 10 and 12 of the Constitution of the Republic of Kazakhstan", citizenship of the Republic of Kazakhstan is revoked if a person has acquired citizenship of another state.

Due to G.G.'s concealment of the fact of citizenship of the Russian Federation, the appointment of old-age pension to her there since 2006, in 2009 pension payments in the Republic of Kazakhstan were illegally assigned to her, therefore they cannot be renewed.

Having ceased to be a recipient of an old-age pension in the Russian Federation only from January 1, 2021, in fact, having eliminated obstacles to the appointment of pension payments in the Republic of Kazakhstan, the plaintiff, having permanently resided in the territory of the Republic of Kazakhstan since January 2021, could claim pension provision under the legislation of the Republic of Kazakhstan at the time of filing such an application.She has exercised this right.

 

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