Who is entitled to free travel to the place of sanatorium treatment. On the refusal to reimburse travel expenses to a military sanatorium Norms of payment for travel to military pensioners for treatment

The rules for providing free travel to the place of sanatorium treatment are regulated by the Federal Law of the Russian Federation "On the Status of a Serviceman" (as amended on 03.04.2017). of this provision contains a list of categories of military personnel and military pensioners who are guaranteed travel free of charge, as well as the conditions for granting this benefit.
Art. 20, Clause 1 of Federal Law No. 76 indicates that military personnel have the right to travel free of charge "to places where rehabilitation leave is used, for treatment and back." The choice of transport (air, rail, water, road, except for taxis) remains with the military.
Art. 20, Clause 1.1 guarantees once a year gratuitous travel to the place of the main vacation and back to military personnel who serve outside the Russian Federation under a contract.
Art. 20, Paragraph 2 clarifies the right of one of the family members of military personnel serving under contract to free travel once a year to and from the place of the main vacation; to the place of treatment according to the conclusion of the military medical commission and back.

Important! According to Art. 2, Clause 5, family members in this case include:

• Spouse / spouse
• Children under 18
• Children in full-time education - up to 23 years
• Persons dependent on a soldier
• Children over 18 years of age who are disabled children are entitled to free travel additionally, in addition to 1 member of the military family.
• The issue of providing compensation payments is decided by the military commissariat at the place of service.

Free travel to the place of sanatorium-resort treatment of military pensioners

The rules for the free travel of military pensioners to the place of sanatorium treatment are regulated by Art. 20, Clause 3 of the Federal Law of the Russian Federation No. 76. Persons entitled to free travel include:

• Retired officers, if their length of service on a preferential basis is 20 years or more or with a total length of service of 25 years or more.
• Family members of said officers.
• Ensigns, midshipmen, dismissed upon reaching the age limit for military service, provided that the duration of their service in the Armed Forces is 20 years or more.

How can military pensioners receive compensation for travel to the place of sanatorium-and-spa treatment

Transport compensation payments include: the cost of a reserved seat or a PK wagon; in the absence of a railway connection - a ticket for a car / air transportation; bedding provided in the carriage; insurance and other charges established on transport.
The applicant submits the following documents to the relevant social service at the place of residence:

• application for compensation payments for transportation costs;
• financial documents confirming travel expenses;
• a copy of the coupon for the ticket or other documents confirming the stay in the sanatorium;
• for family members: birth certificate of children; marriage certificate; certificate of guardianship; certificate of disability of children (if any).

The decision to provide compensation payments is made no later than 10 days after a written application to the social protection service.

by rail, air, water and road (except for taxis) transport on business trips, in connection with the transfer to a new place of military service, to places of use of rehabilitation leave, for treatment and back, to the chosen place of residence upon dismissal from military service, and military personnel conscripts, and cadets of military professional educational organizations or military educational organizations of higher education, before concluding a contract with them for military service, also to places of use of additional holidays (with the exception of winter vacation leave);

in trucks and passenger buses of the military unit, allocated to ensure the organized transportation of military personnel to the place of military service and back.

1.1. Military personnel doing military service under a contract in the regions of the Far North and areas equated to them, other areas with adverse climatic and (or) environmental conditions, including remote ones, as well as on the territory of the constituent entities of the Russian Federation that are part of the Ural, Siberian and Far Eastern federal districts, cadets of military vocational educational organizations or military educational organizations of higher education, before concluding a contract with them on military service, have the right to travel free of charge by rail, air, water and road (except for taxis) transport once a year through the territory of the Russian Federation to the place of use of the main (summer vacation) vacation and back. Military personnel who do military service under a contract outside the territory of the Russian Federation have the right to travel free of charge by rail, air, water and road (excluding taxis) transport once a year to the place of use of the main (summer vacation) leave on the territory of the Russian Federation and back.

1.2. Military personnel who are doing military service under a contract, when transferred to a new place of military service and dismissal from military service, in addition, have the right to transport free of charge up to 20 tons of personal property in containers from their former place of residence to a new one by rail, and there, where there is no rail transport, - by other modes of transport (except for air). In the case of transportation of personal property in a separate wagon, luggage and small shipments, they are reimbursed for the actual costs, but not more than the cost of transportation in a container weighing 20 tons.

2. Family members of a military serviceman - a citizen doing military service under a contract, specified in paragraphs 6 - 10 of paragraph 5 of Article 2, are entitled, on the grounds established for military personnel - citizens, to travel free of charge:

from the place of residence to the place of military service of a serviceman in connection with his transfer to a new place of military service;

once a year - to the place of use of the vacation and back (one family member, with the exception of a family member belonging to the category specified in paragraph nine of clause 5 of Article 2 of this Federal Law);

for treatment in medical organizations at the conclusion of the military medical commission and back;

upon dismissal of a serviceman - a citizen from military service, as well as in the event of the death (death) of a serviceman - a citizen - to the chosen place of residence.

Family members of a serviceman - citizen, when moving to a chosen place of residence in connection with the death (death) of a serviceman - citizen, have the right to free transportation of up to 20 tons of personal property in containers by rail, and where there is no rail transport, by other modes of transport (for with the exception of air). In the case of transportation of personal property in a separate wagon, luggage and small shipments, they are reimbursed for the actual costs, but not more than the cost of transportation in a container weighing 20 tons.

In the event of the death (death) of a civilian soldier, members of his family (but not more than three people) and his parents have the right to travel free of charge by rail, air, water and road (except for taxis) transport to the place of burial of the deceased (deceased) soldier citizen and vice versa. One of the family members of a deceased (deceased) serviceman-citizen and his parents have the right once a year to travel free of charge through the territory of the Russian Federation (in cases established by the Government of the Russian Federation, also through the territory located outside the territory of the Russian Federation) by rail , air, water and road (with the exception of taxis) transport to the burial place of a civilian soldier and back.

3. A person who accompanies a serviceman who is going to a medical organization or a sanatorium-resort organization, on sick leave, to a chosen place of residence upon dismissal from military service, or family members of military personnel - citizens undergoing military service under a contract, going to medical organizations or a sanatorium - resort organizations, if the need for escort is recognized by the conclusion of the military medical commission, has the right to travel free of charge to the place of treatment (use of vacation), the chosen place of residence and back on the grounds established for the escort.

4. In the event of a serious illness of a serviceman, two members of his family or two close relatives are entitled to travel free of charge from their place of residence to the location of the sick person and back on the grounds established for a serviceman, once during the illness.

5 . Officers dismissed from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff measures, the total duration of military service of which in a preferential calculation is 20 years or more, and with a total duration of military service of 25 years and more, regardless of the grounds for dismissal, they have the right to travel free of charge by rail, air, water and road (except for taxis) for treatment in a medical organization in inpatient conditions in accordance with the conclusion of the military medical commission or to sanatorium and resort organizations and recreation centers organizations and back (once a year). The same right to travel is also granted to members of the families of these officers when traveling to sanatorium and resort organizations and health-improving organizations, as well as warrant officers and midshipmen dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational regular activities, the total duration of military service of which is 20 years or more.

6. A serviceman has the right to purchase travel documents for himself and his family members for all types of transport out of turn when going on a business trip, to a new place of military service, as well as to the place of use of the vacation and back. At the same time, a serviceman doing military service under a contract, sent on a business trip, enjoys the right to book and receive out of turn a place in a hotel on a business trip certificate.

7 . Servicemen doing military service under a contract, using personal vehicles for official purposes, are paid monetary compensation in the manner and in the amount determined by the Government of the Russian Federation.

8 . Conscripted military personnel have the right to forward simple letters and send parcels with personal clothing.

Forwarding of ordinary letters of conscripted military personnel, as well as ordinary letters addressed to them, is carried out in stamped postal envelopes purchased at the expense of funds provided for these purposes to federal executive authorities and federal state bodies in which military service is provided for by federal law .

The forwarding of parcels with personal clothing of servicemen undergoing military service on conscription, the forwarding and return of parcels addressed to them is carried out at the expense of funds provided for these purposes by federal executive authorities and federal state bodies in which military service is provided for by federal law.

9 . Expenses associated with the transportation of military personnel, citizens discharged from military service, members of their families and the transportation of personal property by rail, air, water and road (excluding taxis) transport, hotel reservations when sending military personnel on business trips, are reimbursed at the expense of Ministry of Defense of the Russian Federation (other federal executive body or federal state body in which military service is provided for by federal law) in the manner determined by the Government of the Russian Federation.

Pensioners are citizens who, as a result of their labor activity, have received the right to receive monthly cash payments from the state in the form of a pension. Also, both the federal center and regional authorities issue additional assistance, which can be expressed in the form of certain benefits or monetary compensation.

Compensatory assistance for persons of retirement age can be conditionally divided according to the level of receipt of financial resources:

Federal level. Financial support, which is provided to all pensioners, regardless of their place of residence. Federal benefits include:

1. Full or partial exemption from property taxes ().
2. Free provision of medicines included in a special list (Government Decree No. 710 dated 17/06/1995).
3. Benefits for paying utility bills and funds for major repairs (and).
4. Veterans and combatants receive a one-time cash payment.

Regional level. Each individual region sets its own preferences for citizens of retirement age. Muscovites can use the benefits defined by the Moscow Government:

1. Additional payments to all pensioners up to the minimum subsistence level. From 01/01/2018, for citizens of retirement age in Moscow, its amount is 11,816 rubles.
2. Vehicle tax rebate. For Moscow pensioners, a benefit is established only if the car has a power of less than 70 hp. ().
3. Privileges for paying tax for the land plot on which the dacha is built.
4. Dental free service or 50% discount. To receive benefits, you must first enroll in the queue for the provision of free prosthetics in the city clinic.
5. Landline reimbursement. The Decree of the Government No. 62-PP dated 08/02/2005 specifies the procedure for reimbursement of the cost of the telephone. The pensioner pays in full for communication services, the compensation is transferred together with the pension on a monthly basis. Since 2018, it has been 250 rubles.
6. A trip to a sanatorium. A doctor's referral is required to determine the profile of spa treatment.

Important! Pensioners can replace part of the benefits with UDV (monthly cash payments). Since February 2018, the total monetization amount is 1048.97.

It includes the following benefits:

• provision of medicines - 807.94 rubles;
• sanatorium rest and treatment - 124.90 rubles;
• travel in suburban trains - 116.04 rubles.

The replacement of benefits with cash payments for the entire next year should be declared before October 1 of the current year. You must personally apply for monetization. The amount of money due will come with the pension.

Transport benefits

Travel costs take up significant expenses in the budget of any citizen. They are especially significant for those categories that belong to the low-income segments of the population.

Federal transportation benefits

There are certain groups of the population that can enjoy benefits for the provision of transport services in any region of the country. Payment in this case comes from the federal budget. These include the following categories of citizens:

• participants and invalids of various military operations;
• rear workers;
• victims of political repression;
• families of citizens who died in combat;
• persons involved in the liquidation of the accident at the Chernobyl nuclear power plant;
• citizens with disabilities;
• heroes of the USSR and the Russian Federation;
• honorary donors;
• children of large families.

From the budget of the all-Russian level there is a payment for travel to a place of rest or treatment for persons of retirement age. Such a benefit is provided either in the form of monetary compensation or in the form of a reduced ticket.

Video - Payment for travel to and from the place of rest for pensioners

Regional concessions for transport

Travel concessions are provided for pensioners in many regions in public city transport. The exception is fixed-route and regular taxis. This type of cost is dated from the local budget for all persons of retirement age. For example, Moscow pensioners have the right to free movement throughout the city by public transport: metro, bus, trolleybus, tram. To exercise your right to a transport benefit, you must have a pensioner's social card, which is issued upon retirement. In 2018, the usual retirement age was set for women - 55 years, for men - 60 years.

Important! The pensioner's social card allows not only free use of public transport services. On it you can get certain discounts in stores. A social card can also be used as a regular bank card.

Certain exemptions apply to commuter train travel. Since 2018, this benefit has been canceled for all ordinary pensioners in Moscow, but a small amount in the form of monthly compensation is added to the pension (116.04 rubles). Persons of retirement age living in St. Petersburg will be able to purchase a train ticket with a 90% discount, but only from May to October. For pensioners of the Leningrad region, the discount is 85% and is valid all year round.

Moscow pensioners who are disabled or participants in the Great Patriotic War can use social taxi service. These are vehicles that have special adaptations and equipment so that the elderly and people with limited mobility can be transported.

Before ordering, you need to register with the All-Russian Society of the Disabled. Documents to take:

• passport;
• social card;
• certificate of disability;
• rehabilitation program.

You need to call a social taxi car 24 hours before the planned trip. Opening hours from 06:00 to 19:00. You should have your passport and social card with you. The cost of 1 hour trip within Moscow is 210 rubles, in the Moscow region - 420 rubles.

There are restrictions on the use of social transport services:

1. 80 hours per month are provided for travel to study or work.
2. There are no restrictions for visiting medical and rehabilitation institutions.
3. For other purposes, a limit of 20 hours is set.

Important! Unused hours do not roll over to the next month and are not refunded.

Certain categories of persons are provided with free car inspection services. Points that serve such customers are located throughout Moscow. Their addresses can be found at the link: https://www.mos.ru/dt/documents/obraztcy-dokumentov/view/184147220/. Citizens who have a permanent residence permit and have reached retirement age will be able to receive a free technical inspection. The car must be registered to them. Before passing the inspection, you should agree in advance with the maintenance point. In addition to the documents for the car, you need to have a driver's license and a paper confirming the benefit.

Video - Compensation for travel to pensioners

Compensation for travel to a place of rest for pensioners of the Far North

In 1999, the rules were approved for receiving compensation for the trip to the place of rest and back. To be granted, certain conditions must be met:

1. A citizen is a recipient of an insurance pension for old age or disability.
2. The person claiming compensation lives in the regions of the Far North or equivalent to it.
3. The place of rest should be located on the territory of Russia.
4. The pensioner must have the status of a non-working person.

This type of compensation is provided once every two years. The countdown is made from January 1 of the year when the compensation was made. For example, if the trip was in April 2014, then the biennial countdown would be from 01/01/2014. Starting January 1, 2016, the pensioner will be able to claim a new trip.

Important! Monetary compensation is not provided in return for a trip, even if the pensioner has not used the benefit for paying for travel to the place of treatment or rest for 2 years.

How to apply for compensation for travel to a place of rest

There are two options for obtaining a travel allowance:

1. Provision of tickets by the territorial body of the Pension Fund of the Russian Federation, which must be issued before the trip.
2. Compensation for the actual costs of independently purchasing tickets by the pensioner himself. The application is submitted after returning from vacation.

To provide compensation, a pensioner must submit the following documents to the branch of the Pension Fund of the Russian Federation:

• statement;
• a document certifying the rest or treatment of a person of retirement age in a sanatorium, dispensary, rest home;
• ticket.

Important! There are certain subtleties in the provision of a travel document. If it is issued on a strict reporting form, then no other confirmation is required for it. If the itinerary receipt is provided on a regular A4 sheet, then a boarding pass or cashier's check must be attached to it.

1. Within 10 days, the issue of granting travel benefits is considered.
2. With a positive decision, the pensioner either receives round-trip tickets to the place of rest, or the funds are credited to the same account where the pension is transferred.

If the pensioner has not provided all the documents or papers required to receive monetary compensation that are not executed in accordance with the established requirements, then a refusal to reimburse the money spent is possible.

Important! You should be especially careful with the execution of evidence when buying electronic tickets. It is better if the pensioner pays for their purchase with a bank card opened in his name.

Travel allowance limits

When purchasing tickets to a place of treatment or rest on your own, you should remember that monetary compensation will be provided only for a ticket of a certain class. Article 10 of Government Decree No. 176 specifies restrictions on the amount of compensation:

1. When purchasing a ticket for travel on the railway, a pensioner will be able to receive money only for the cost of a reserved seat car in a passenger train.
2. When traveling by river transport, the citizen will be refunded the amount for a ticket in a 3rd class cabin.
3. When traveling by sea, the price corresponding to the cost of a place in a cabin of 4 or 5 classes is compensated.
4. When traveling by air, the fare will only be provided for an economy class ticket. Moreover, the air carrier operating the flight must be Russian.
5. When traveling by bus, only a general ticket is paid.

For example, if a pensioner purchased a ticket for a compartment car, then he will be compensated for the cost only for travel by rail in a reserved seat car. For comfortable travel of citizens, he will pay extra from his own pocket.

There may be situations when there is no movement of passenger trains in the right direction. Transport connection with settlements is carried out by fast trains. In this case, the reimbursement will be made at the cost of the reserved seat of the fast train.

Expenses that are associated with additional services are not subject to monetary compensation:

• ticketing - commission fee;
• fee for the delivery of the ordered ticket;
• fee for pre-booking a certain place;
• payment for bed linen when traveling by train.

Important! When using personal vehicles for a trip to a place of rest, the costs are not subject to compensation.

Sanatorium treatment for military pensioners

Citizens with a solid length of service (more than 20 years) in the armed forces, the Ministry of Internal Affairs, the Ministry of Emergency Situations, fire defense, after retirement, have the benefits established in the Order of the Ministry of Defense No. 333:

1. After retirement, upon reaching retirement age, a former soldier has the right to receive a voucher to a sanatorium for rest and treatment once a year with a 25% discount.
2. If there are family members dependent on an officer who is on a well-deserved rest, they can use the right to a 50% discount on a ticket to a sanatorium. The spouse, children under 18, children under 23 with full-time education, as well as children with disabilities have the right to receive such a voucher.

Important! A citizen being a military pensioner can receive a preferential ticket even if he currently has a job as a civilian.

Travel to the place of rest and back is provided free of charge at the expense of the Ministry of Defense once a year.

Tax benefits for working pensioners

Not only non-working citizens of retirement age are entitled to benefits. Working pensioners are given the opportunity to receive tax deduction from the housing they have purchased, that is, they will be able to return part of the money that went to buy an apartment. Regardless of the time of purchase of an apartment, a working pensioner is entitled to receive a 13% deduction for the last 4 years. Moreover, the amount should not exceed 2 million rubles according to the legislation.

Many employed pensioners are not aware of the surcharges. They are provided to citizens who work in Moscow in certain organizations and in established positions, as well as to pensioners with disabilities received during the liquidation of the accident at the Chernobyl nuclear power plant (Decree of the Government of Moscow No. 1005-PP dated 27/11/2007). It is necessary that the pensioner had a Moscow residence permit for more than 10 years.

Compensation payments are issued to the following employees:

• librarian;
• cloakroom attendant;
• street cleaner;
• ticket controller;
• courier;
• masseur;
• nurse;
• pharmacist;
• paramedic.

The amount of their pension should not exceed 12,000 rubles.

The state provides pensioners, both unemployed and employed, with certain benefits and compensations. For example, when receiving a free voucher for sanatorium treatment, travel to the place of rest is compensated from the budget. This benefit is only available to senior citizens who are not working. But travel in public transport in Moscow is free for all elderly people, regardless of their employment.

The Ministry of Defense officials promised to solve the problem with paying for the travel of military pensioners to the place of treatment and sanatorium rest by January 1, 2017, but, alas ...

The problem lies in the impossibility for many pensioners to pay for such travel. At the same time, the law provides for a corresponding opportunity, but in such a way that you first need to buy travel tickets worth two or three pensions (so much you need to fly, for example, from Vladivostok to central military medical institutions), and then you will be returned the money spent.

Not every military pensioner can afford such preliminary expenses, therefore, back in 2000, a decree of the government of the Russian Federation appeared, which provided for the issuance of funds before traveling to a place of treatment and rest.

However, in 2001, by order of the Minister of Defense, it was established that reimbursement of such expenses should be made on the basis of purchased travel tickets ... Again - first buy it yourself, and then we will return it.

Payment for travel to a military pensioner to a place of rest

In fact, many years have passed, and people are used to solving the problems created for them themselves. In fairness, it should be noted that at different times the military department tried to help pensioners in this in different ways, but not shaky, not all, and not all.

Last year, the Main Military Prosecutor's Office reacted to the situation. In response to the submission made by the Chief Military Prosecutor to the Deputy Minister of Defense in charge of finance, the Ministry of Defense undertook to solve the problem, but, apparently, it will be solved for another 16 years, returned to this issue.

Below is a message for military pensioners posted last year on the website of the All-Russian Trade Union of Military Personnel. This information is still relevant today.

Information for military pensioners. All-Russian Trade Union of Military Personnel

In 2016, regional organizations of the All-Russian Trade Union of Military Personnel (OPSV) began to receive complaints related to travel issues to sanatoriums and health resorts.

Yu.A. Tarlavin studied the regulatory framework relating to this right, provided for in paragraph 5 of Art. 20 of the Federal Law "On the status of military personnel".

It was found that Decree of the Government of the Russian Federation of April 20, 2000 No. 354 “On the procedure for reimbursement of expenses associated with the transportation of military personnel, citizens discharged from military service, and members of their families, as well as their personal property” provides that “issuance of the necessary documents or money is carried out in all cases BEFORE the passage” (p. 5).

However, the military commissariats refuse to advance the travel, referring to the Order of the Minister of Defense of the Russian Federation dated 07/06/2001 No. 200 "On approval of the guidelines for the execution, use, storage and handling of military transportation documents in the Armed Forces of the Russian Federation", which provides for the REIMBURSEMENT of these expenses, then there is a payment of funds upon arrival from vacation or treatment on the basis of travel documents.

In February 2016, the chairman of the OPSV addressed the Deputy Minister of Defense of the Russian Federation T.V. Shevtsova with a request to explain in connection with which a decision was made that significantly restricts the possibility of exercising the right provided for by federal law.

In a response signed by the Deputy Director of the Department of Social Guarantees, received by the Executive Committee of the CPSW in March 2016, it was indicated that the costs of travel to and from sanatorium-resort and health-improving organizations “are reimbursed by the military commissariats at the expense of the funds provided for by the consolidated budget estimate of the Ministry of Defense of the Russian Federation for the social security of discharged servicemen" in accordance with the Order of the Minister of Defense of the Russian Federation of 07/06/2001 No. 200 (The provisions of this order contradict the requirements established by the Decree of the Government of the Russian Federation of 04/20/2000 No. 354).

It also follows from the answer that, in accordance with the telegrams of the Economics and Finance Service of the Ministry of Defense of the Russian Federation dated September 30, 2005 No. 108/4/1-854 and dated October 14, 2005 No. 180/4/1-901, based on the application of a citizen receiving a pension from the Ministry of Defense of Russia, if there is a referral for inpatient treatment or a sanatorium-and-spa voucher, a military pensioner may decide to receive a pension in advance.

This instruction was confirmed by the military registration and enlistment offices of those constituent entities of the Russian Federation to which we sent the relevant requests. However, in an oral conversation with the relevant officials, we were told that Sberbank of Russia PJSC refuses to issue advance pensions.

In response to our request addressed to the Chairman of the Board of PJSC Sberbank of Russia, a response was received that, in accordance with the “Agreement on the procedure for paying pensions to other persons who have completed military service and members of their families” dated February 16, 2015, the bank “upon receipt from the pension authority The Ministry of Defense of Russia makes instructions on the payment of pensions several months in advance in the amount and terms established by the pension authority. After numerous surveys of military pensioners and even employees of the military enlistment offices, we found out that no one knows about the possibility of receiving a pension FORWARD, except for employees of the military registration and enlistment offices of the constituent entities of the Russian Federation.

Dear military pensioners! We bring you information about the possibility of receiving a pension FORWARD before leaving for a vacation or a health facility.

In parallel, in April 2016, we sent an appeal to the Deputy Prosecutor General of the Russian Federation, Chief Military Prosecutor, Colonel General of Justice S.N. Fridinsky about the contradiction of certain points to the Orders of the Minister of Defense of the Russian Federation of 07/06/2001 No. 200 to the Decree of the Government of the Russian Federation of 04/20/2000 No. 354.

In the response received from the Chief Military Prosecutor’s Office, we were informed that “on the issue of compliance with the requirements of the law, the Chief Military Prosecutor addressed the Deputy Minister of Defense of the Russian Federation T.V. Shevtsova made a submission" and that "based on the results of its consideration on May 18, 2016, the Russian Ministry of Defense decided to develop a procedure for issuing military transportation documents to military pensioners for travel to sanatorium-resort and medical institutions."

Then tell me the jurisprudence.
Sergey

SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Oktyabrsky District Court of St. Petersburg consisting of:
presiding judge Tokar A.A.,
under the secretary Grigorieva Yu.M.,
considering
in an open court session, a civil case on the claim of Alekseev V. V. to
Federal State Institution "Military Commissariat of the City
Petersburg" on the recognition of illegal refusal to pay compensation for
travel, collection of travel expenses, expenses for obtaining a certificate,
payment for the services of a representative, compensation for non-pecuniary damage,
u s t a n o v i l:
Alekseev
V.V. appealed to the Oktyabrsky District Court of St. Petersburg, stating that
from 07/28/2014 to 08/17/2014 together with his wife, Alekseeva
R.N., underwent sanatorium treatment in a military sanatorium
"Chebarkulsky", located in the Chelyabinsk region, to the place
undergoing treatment and back followed the plaintiff with his wife followed
route: St. Petersburg - Yekaterinburg (aircraft), Yekaterinburg -
Chelyabinsk and Chelyabinsk - Chebarkul (bus) and back: Chebarkul -
Chelyabinsk and Chelyabinsk - Yekaterinburg (bus) and Yekaterinburg -
St. Petersburg (airplane). Since the plaintiff is retired
Ministry of Defense of the Russian Federation and in accordance with paragraph 5 of Art. 20
Federal Law "On the status of military personnel" has the right to
free travel together with family members to the place of passage
sanatorium-resort treatment and vice versa, sent the defendant a statement about
reimbursement of travel expenses to which travel cards have been attached
documents and documents confirming the stay in the sanatorium, however
was refused with reference to the fact that payment is subject to direct or
the shortest route with the fewest transfers, the shortest
by following to the sanatorium "Chebarkulsky" is an air flight from
St. Petersburg to Chelyabinsk; However, the respondent did not indicate which
documents must be submitted to receive the said compensation.
After receiving legal advice, as well as clarifications on the issue
compensation for travel expenses to the place of passage of the sanatorium-resort
treatment received from the Department of Budgetary Planning and
social guarantees of the Ministry of Defense of the Russian Federation, Alekseev V.V. again
appealed to the defendant with an application for travel compensation with the application
necessary documents and information about the cost of air tickets on the route
St. Petersburg - Chelyabinsk on the date of his journey to the sanatorium and
back, received from the Central Air Communications Agency. On
On 10/20/2014, this application received a similar refusal.
According to Alekseev V.V., the actions of the defendant in refusing to pay
fare compensation is contrary to the requirements of the law and violated it
the rights established by paragraph 5 of Art. 20
of the Federal Law "On the Status of Servicemen", caused him a moral
damage in connection with which he asked to declare unlawful the defendant's refusal to
reimbursement of expenses for travel to a military sanatorium and back, oblige
the defendant to reimburse the costs of travel to the military sanatorium and back to
sum<данные изъяты>recover the costs incurred to pay
certificates of the Central Air Transport Agency in the amount<данные
withdrawn> and to pay for legal advice in the amount<данные
seized>, as well as recover from the defendant in his favor on account of compensation
moral damage<данные изъяты>.
The defendant denied the claim
referring to the fact that the payment of travel to military pensioners and members of their
families is carried out only on condition of going to a military sanatorium and
back along the direct, shortest route. From Saint Petersburg to
sanatorium "Chebarkulsky" the shortest way is air flight
Petersburg - Chelyabinsk, however, the plaintiff presented travel cards
documents on a route other than the direct route and did not submit
documents confirming the absence of a direct route, while a certificate
transport organization on the cost of a direct direct route
travel is not a basis for paying compensation for travel.
The defendant also pointed out that the claims for compensation for non-pecuniary damage in case of
violation of property rights is allowed in cases directly
provided by law, violation of pension rights affecting
property rights of citizens are not among them. According to the
grounds asked to dismiss the claim.
The plaintiff appeared at the hearing and supported the demands.
The defendant's representative appeared at the hearing and asked that the claim be dismissed.
Having listened to the opinions of the persons who appeared, having examined the materials of the case, the court comes to the following.
From
case materials it is seen that Alekseev The.The. and his wife
Alekseeva R.N. from July 28, 2014 to August 17, 2014
sanatorium treatment in the branch "Sanatorium" Chebarkul "FGKU
"Sanatorium-resort complex "Privolzhsky" of the Ministry of Defense of the Russian Federation
(hereinafter the Sanatorium "Chebarkulsky") on the basis of sanatorium-resort
travel number of the series CHEB and series number CHEB, respectively (case sheet 20, 21). place
location of the mentioned sanatorium-resort institution is
Chelyabinsk region, the city of Chebarkul. To the place of passage
sanatorium-and-spa treatment to the Chebarkulsky Sanatorium and back
Alekseev V.V. and his wife Alekseeva R.N. followed the route:
St. Petersburg - Yekaterinburg (airplane), Yekaterinburg - Chelyabinsk and
Chelyabinsk - Chebarkul (bus) and back: Chebarkul - Chelyabinsk and
Chelyabinsk - Yekaterinburg (bus) and Yekaterinburg - St. Petersburg
(airplane); the fact of the flight on the specified route is confirmed by electronic
tickets and boarding passes, the cost of air travel along the route
St. Petersburg - Yekaterinburg and back for two was<данные
withdrawn>, the fact of purchase and payment of air tickets is confirmed by copies
electronic tickets and a cashier's check (case sheet 22-25v), the defendant did not
challenged.
In paragraph 5 of Art. 20
The Federal Law "On the Status of Servicemen" enshrines the right of former
military personnel from among the specified officers and members of their families, as well as
ensigns and midshipmen for travel free of charge
rail, air, water and road (with the exception of
taxi) by transport to sanatorium organizations and health-improving
organization and vice versa (once a year) and the conditions for the implementation of this
rights.
From paragraph 9 of this article it follows that the costs associated with
transportation of military personnel, citizens discharged from military service, members
their families and transportation of personal property by rail, air,
water and road (excluding taxis) transport, booking
places in hotels when sending military personnel to official
business trips are reimbursed at the expense of the Ministry of Defense
Russian Federation (other federal executive body, in
which federal law provides for military service) in the manner
determined by the Government of the Russian Federation.
Decree
Government of the Russian Federation dated April 20, 2000 No. 354 “On the procedure for compensation
expenses associated with the transportation of military personnel, citizens dismissed from
military service and members of their families, as well as their personal property”
the procedure was approved, paragraph 6 of which the Ministry of Defense of the Russian Federation and other
federal executive body, which provides
military service, it is prescribed to reimburse the expenses of military personnel, citizens,
discharged from military service and members of their families (close relatives),
having the right to travel and transport personal property on a gratuitous
basis, when they purchase travel and transportation documents for their
check.
Plaintiff is a retired Colonel, retired
Ministry of Defense of the Russian Federation, length of service in calendar terms is
30 years old, has a family composition: wife - Alekseeva R.N., in accordance with
The Federal Law "On the Status of Servicemen" has the right, together with
family members to receive at the expense of the Ministry of Defense of the Russian Federation
medical care and sanatorium treatment in military medical
institutions (case sheet 63).
The procedure for processing documents for payment
compensation for travel to the place of sanatorium treatment and
back of military pensioners is regulated, among other things, by the Guidelines for
registration, use, storage and handling of military
transportation documents in the Armed Forces of the Russian Federation,
approved by the Order of the Ministry of Defense of the Russian Federation of 06.06.2001 No. 200
(hereinafter referred to as the Guide). According to paragraph 3 of the Guidelines, payment is subject to travel to
direct direct communication, and in the absence of a direct
messages - with the least number of transfers in accordance with
signs of passenger routes in the shortest possible time, which
are developed and distributed by the chiefs of the military communications service
military districts, fleets; pp. 35, 85 of the mentioned Guidelines
established that the reimbursement of the cost of travel of a soldier and members
his family is carried out at actual costs. At the same time, under
actual costs are understood to be all expenses associated with travel (except
taxi rides).
Alekseev V.V. contacted the defendant
application for reimbursement of these expenses, however, a letter from the head
Center for social security of the military commissariat of the city
Petersburg dated 09/04/2014 No. PG-321078, he was refused
reference to the Guidelines for the design, use, storage and
handling of military transportation documents in the Armed Forces
Russian Federation, approved by Order of the Ministry of Defense of the Russian Federation No.
06/06/2001, No. 200, according to which expenses for
travel to the place of treatment in sanatorium-resort institutions and back
direct route, and the route of Alekseev V.V. with his wife in
Sanatorium "Chebarkulsky" was not direct (case file 30). 10/08/2014
Alekseev V.V. re-submitted to the respondent a request
to compensate for the cost of travel to the Chebarkulsky Sanatorium, to
application, including a certificate of the cost of the air ticket according to
direct route St. Petersburg - Chelyabinsk, issued by the Central
air communications agency No. dated August 28, 2014, however, by letter
military commissar of the city of St. Petersburg dated October 20, 2014 No. PG
-321078 in satisfaction of the application to Alekseev V.V. denied for the same
grounds (ld 31, 32, 36 - 40).
The fact of representation by Alekseev
V.V. at the same time as claims for reimbursement of travel expenses
documents that reliably confirm the expenses incurred by him for the flight to
place of sanatorium-and-spa treatment and back, the defendant did not
disputed, however, objecting to the stated requirements, indicated that the payment
travel of a direct route based on the information reflected in the certificate
transport organization on the cost of a direct route when traveling
in a roundabout way is carried out only by active military personnel and on
military pensioners does not apply.
The Court rejects these arguments, since they are contrary to the provisions of paragraph.n. 5 and 9 st. 20 of the Federal Law "On the status of military personnel".
According to
p.p. 39, 40 of the Regulations on military commissariats, approved by the Decree
of the President of the Russian Federation dated 07.12.2012 3 1609 implementation of the pension
provision of citizens discharged from military service and members of their families,
family members of the fallen (deceased) servicemen, the appointment of the indicated
persons of pensions, allowances, provision of compensations and implementation of other
payments stipulated by the legislation of the Russian Federation, as well as
implementation of measures of legal and social protection of citizens dismissed from
military service, and members of their families, members of the families of the dead (deceased)
military personnel, including the implementation of information work on these
issues assigned to the military commissariats.
In addition, paragraph 54
Guidelines for officers discharged from military service upon reaching
age limit for military service, state of health
or in connection with organizational and staff activities, the general
whose duration of military service in preferential terms
is 20 years or more, and with the total duration of military service
25 years or more, regardless of the reason for dismissal, and family members
said officers the cost of travel by rail, air, water and
by road (with the exception of taxis) transport to a stationary
treatment in accordance with the conclusion of the military medical commission or in
sanatorium-resort and health-improving institutions and back (once per
year) are reimbursed by military commissariats at the expense of funds
provided for in the consolidated budget estimate of the Ministry of Defense of the Russian Federation for
social security of retired servicemen (Article 006226
Classification of expenditures according to the budget estimates of the Ministry of Defense
Russian Federation).
Analyzing the above legal norms in
systemic interconnection, taking into account the fact that
the defendant is entrusted with the obligation to perform the state function of
providing military pensioners and members of their families with compensation and
making other payments provided for by law
Russian Federation, given the fact that Alekseev V.V.
provided evidence required by management to support
actually incurred travel costs to the place of treatment and
conversely, the court concludes that the defendant's refusal to pay
Alekseev V.V. compensation for travel expenses to the Chebarkulsky Sanatorium and
back is illegal.
Clause 85 of the Guidelines states that
travel expenses for persons entitled to travel or transport personal
property at the expense of the Ministry of Defense of the Russian Federation, are reimbursed according to
actually incurred costs.
Taking into account information about
the cost of one air ticket on the route St. Petersburg - Chelyabinsk and
back in the period from 07/28/2014 to 08/19/2014, reflected in
certificate of the Central Air Communications Agency No. dated August 28, 2014 in
size<данные изъяты>, availability of documents confirming
the actual cost of travel to the place of treatment in the amount of
<данные изъяты>for each air ticket, the court considers the claims
Alekseeva V.V. subject to partial satisfaction, namely:
amount of actual costs incurred<данные изъяты>.
In coming to this conclusion, the court takes into account that the defendant is the cost of one
air ticket on the route St. Petersburg - Chelyabinsk, as well as in
refutation of the amount actually incurred by Alekseev V.V. costs for
travel was not disputed.
In accordance with paragraph 1 of the order of the Minister
Defense of the Russian Federation dated 06/08/2000 No. 300, officials
Ministries of Defense must reimburse military personnel eligible for
free travel, costs associated with the purchase of travel
documents only after the passage and presentation of documents,
supporting actual costs. It follows from the above that
the obligation to confirm actual travel costs rests with
person applying for compensation for the cost of travel
documents.
Thus, providing a cost estimate
air ticket on the direct route St. Petersburg – Chelyabinsk and back
was the responsibility of Alekseev V.V., and the need to obtain it
arose in connection with the choice of a non-direct route to the Sanatorium
"Chebarkulsky" and is not a consequence of the defendant's illegal actions,
Therefore, the grounds for imposing a duty on the defendant
reimburse Alekseev The.The. the costs incurred to pay for the said certificate,
missing.
The provisions of Art. Art. 151, 1099
The Civil Code of the Russian Federation provides that compensation for non-pecuniary damage may be
is assigned to the tortfeasor if his actions violated personal
non-property rights or other intangible benefits of a citizen;
moral damage caused by actions that violate property rights,
subject to compensation only in cases provided for by law.
Legislation,
regulating disputable legal relations on reimbursement of expenses related to
the passage of military personnel, citizens discharged from military service, members of their
families by rail, air, water and road (for
except for a taxi) by transport, to the place of treatment and the provisions of the Federal
law "On the status of military personnel" does not provide for the possibility
compensation for non-pecuniary damage in the event of an unlawful refusal to compensate
such expenses. Under such circumstances requirements Alekseev The.The. O
non-pecuniary damages are not based on the law and are subject to
deviation.
According to Art. 98
Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, the court
awards compensation on the other hand for all legal damages incurred in the case
expenses in proportion to the requirements met; court expenses
consist of the state fee and the costs associated with the consideration
cases (art. 88
Code of Civil Procedure of the Russian Federation). Representative fees are reimbursed for
on the basis of the application of the party in whose favor the judgment was held,
submitted in writing; these expenses are reimbursed by the court in
reasonable limits (Article 100 Code of Civil Procedure of the Russian Federation).
IN
confirmation of the costs of paying for the services of the representative Alekseev V.V.
presented contract No. 367.0914 with Center for Legal Support LLC,
concluded on September 13, 2014, the subject of which was the submission
his interests in the court of first instance on the present claim (case sheet 41).
Meanwhile, in the two court hearings held in the case, the defense of their
interests Alekseev V.V. carried out independently in the absence
representatives of Center for Legal Support LLC, thus,
evidence to confirm the fulfillment of the specified
there is no representation contract. In such circumstances
grounds for the recovery of expenses incurred to pay for services
representative, in the amount<данные изъяты>, not available.
By virtue of h. 1 Article. 103
Code of Civil Procedure of the Russian Federation, the costs incurred by the court in connection with the consideration of the case, and
state duty, from payment of which the plaintiff was exempted,
collected from the defendant, not exempt from payment of court costs,
in proportion to the satisfied part of the claims. In this case
the collected amounts are credited to the budget, at the expense of which
they were reimbursed, and the state fee - to the appropriate budget
in accordance with the norms of deductions established by the budget
the legislation of the Russian Federation.
Because when contacting
court plaintiffs - pensioners receiving pensions assigned in the manner
established by the pension legislation of the Russian Federation, - according to
property claims against the Pension Fund of the Russian Federation,
non-state pension funds or to federal bodies
executive power providing pensions to persons
those who served in the military are exempted from paying the state duty
(clause 5, part 2, article 333.36
Tax Code of the Russian Federation), the court believes that from the defendant to the budget of St. Petersburg
subject to collection of state duty in the amount of<данные
withdrawn> ((27,200 – 20,000)* 3% + 800 + 300).
Based on the above, guided by art. Art. 194 - 199 Code of Civil Procedure of the Russian Federation, court
decided:
Satisfy the claim of Alekseev VV in part.
Recognize
illegal refusal of the Federal State Institution "Military Commissariat
of the city of St. Petersburg" in the payment of compensation to V. V. Alekseev for
travel to the military sanatorium and back.
Collect from the Federal
State Institution "Military Commissariat of the City of St. Petersburg" in
in favor of Alekseev V.V. compensation for travel expenses to the military
sanatorium and back in size<данные изъяты>.
Deny the rest of the claims.
collect
from the Federal State Institution "Military Commissariat of the City
Petersburg" to the state budget of St. Petersburg
a fee in the amount<данные изъяты>.
The solution might be
appealed to the St. Petersburg City Court within a month from the date of
drawing up a reasoned decision by filing an appeal
through the Oktyabrsky District Court of St. Petersburg.
The reasoned decision was drawn up on March 23, 2015.
Court:
Oktyabrsky District Court (City of St. Petersburg) (details)
Judges of the case:
Tokar Antonina Andreevna (judge)
(more)

The refusal is invalid. Should reimburse

Are military pensioners paid for travel to the place of treatment?

• accompanying a serviceman for spa treatment, if such a need is confirmed by a medical commission;
• officers discharged from military service and members of their families, if the length of service prior to dismissal was at least 20 years on a preferential basis (the reason for leaving the position is OSHM, deterioration in health or reaching the maximum established age or at least 25 years, regardless of the motive layoffs);
• retirees of the Ministry of Defense who have resigned from the position of warrant officer or midshipman, heading to a sanatorium, have a preferential term of service of 20 years or more at the time of dismissal (the reasons for leaving the post should be OSHM, medical indications or reaching the age limit).

In these cases, travel is paid at the expense of the Ministry of Defense on any transport, except for a taxi.

Compensation for travel to the sanatorium for military personnel

It is allowed both to submit a report through the immediate commander, and directly to the senior commander. The report must contain the following statements:

• the rank and name of the commander to whom the petition is sent;
• military personal information;
• description of the circumstances of obtaining a voucher for sanatorium treatment;
• calculation of associated costs;
• request to pay the costs.

As for pensioners, they will have to contact the FSS at the address of their registration.

It is not allowed to apply to the authorities of another region, since each municipality may establish its own conditions for granting benefits.

The procedure for paying for travel to a sanatorium for military pensioners in 2018

• trying to get compensation twice on the same grounds.

Such a refusal will be justified, since the requirements of the law on travel compensation are violated. If the military did not submit the necessary documents (lost tickets, does not have a ticket, etc.), then compensation can be obtained by eliminating the mistakes made.

In this case, it is necessary to seek the truth by a court decision.

Compensation for travel to the place of sanatorium treatment

Attention

An analysis of typical situations in which the department may refuse to compensate for travel will help to avoid mistakes and competently defend violated rights. Content

• 1 Legal regulation
• 2 Reimbursement conditions
• 3 Travel reimbursement procedure
• 4 Reimbursement
• 5 Dealing with non-reimbursement situations

Online consultation of military personnel Legal regulation The fundamental law, according to which the military is guaranteed payment for travel to the SCL, is Federal Law 176 “On the Status of Military Personnel”.

Documents for the military registration and enlistment office to pay for travel to the sanatorium

Since you are on a pension and live in the city of St. Petersburg, tickets from St. Petersburg to the location of the sanatorium and resort institution (in this case, to Chelyabinsk and back) are subject to reimbursement of travel expenses to health resorts. Reimbursement of travel expenses with any transfers is allowed in the absence of a direct direct route.
In connection with the foregoing, travel along the route St. Petersburg - Yekaterinburg - St. Petersburg is not subject to payment. 2000

Forum of Legal Mutual Assistance for Military Personnel

Info

In the absence of a direct connection, Form 1 requirements are issued for each section of the route. 54. Officers dismissed from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff measures, the total duration of military service of which in a preferential calculation is 20 years or more, and with a total duration of military service of 25 years or more, regardless of the grounds for dismissal, reimbursement of travel expenses by rail, air, water and road (except for taxis) for inpatient treatment in accordance with the conclusion of the military medical commission or to sanatorium-resort and health-improving institutions and back (once in year).

Fare payment

Nizhny Novgorod region Novgorod region Novosibirsk region Omsk region Orenburg region Oryol region Penza region Perm regionPrimorsky regionPskov region Rostov region Ryazan region Samara region St. PetersburgSaratov region Sakha (Yakutia) Republic of Sakhalin region Sverdlovsk Sevastopol region North Ossetia-Alania Republic of Smolensk region Stavropol region Tambov region Tatarstan, Republic of Tver region Tomsk region Tula region Tyva region Udmurt republic Ulyanovsk region Khabarovsk region Khakassia Republic of Khanty-Mansiysk Aut. env. – YugraChelyabinsk region Chechen Republic Chuvash Republic Chukotka avt. env. Yamalo-Nenets Aut. Yaroslavl region Do you want to become a project expert? If you are a lawyer, human rights activist or just a qualified specialist in one of the areas of law, you can send us an application to join the team of Experts.

Possible difficulties and ways to solve them As a rule, the report on fare payment is satisfied in 80% of cases. The rest are waivers. In practice, there are such grounds for refusal:

• not a complete list of documents submitted to the military;
• violations were committed in the sent papers;
• a soldier is trying to get money from several sources at the same time;
• traffic route violation;
• violation of the terms of travel specified in the direction and coupons;
• a long road that took several days (which is unreasonable).

Depending on the circumstances, the military must either put up with the refusal, or they will have to prepare a statement of claim in court. Among the evidence documents must be a copy of the report of the military and a written refusal to provide finance.

Documents to the military registration and enlistment office to pay for travel to the sanatorium

The first thing pensioners face is an unreasonable refusal to provide payments. The second is ignorance of the procedure, how the travel to the place of rest and back is paid for military pensioners.

Legislative regulation of the issue Contents

• 1 Legislative regulation of the issue
• 2 Compensation for sanatorium treatment for military pensioners in 2018
• 3 Free travel for rest and treatment of military pensioners
• 4 How to receive compensation
  • 4.1 Where to go
  • 4.2 The order of consideration of documents
• 5 Possible difficulties and ways to solve them
• 6 Regulations governing the issue

First of all, it is necessary to turn to the laws that regulate the procedure for paying for travel to a sanatorium for military pensioners. It should be noted that the federal legal acts are fundamental.

It is necessary to follow a direct route. I rested with my wife in the military sanatorium "Chebarkulsky". Returning home, he submitted an application to the military commissariat (attaching all the necessary documents) to pay for travel to the sanatorium and back.

I was refused due to the fact that I followed the following route to the sanatorium: St. Petersburg - Yekaterinburg (airplane), Yekaterinburg - Chelyabinsk (bus), Chelyabinsk - Chebarkul (bus). And back: Chebarkul - Yekaterinburg (bus), Yekaterinburg - St. Petersburg (airplane).

No. 200, payment is subject to direct direct communication to sanatorium-and-spa treatment and back.
Important! Payment to military pensioners for treatment is carried out for all types of transport, except for taxis. Free travel for rest and treatment of military pensioners There are some features of compensation for such payments. In particular, the list of paid expenses includes:

• payment for all types of tickets to the boarding house and back. For example, you can count on benefits for the train for pensioners;
• bed linen compensation;
• insurance fees, if they are included in the cost of the travel document.

At the same time, you cannot count on payments for ticket exchange (due to the fault of a serviceman), as well as on an additional commission associated with the purchase of coupons remotely.