On 27 April 2026, at 10:00 a.m., the Constitutional Court of the Russian Federation will proclaim the Judgement in the case on the review of the constitutionality of Article 32 (item 1.2. of part 1) of the Federal Law «On Insurance Pensions». The hearing in connection with compliant of citizen E.P. Rostova took place on 19 February 2026.
Background
Elena Rostova was born on the territory of the Kazakh SSR. Later, she moved to and resided on the territory of the Uzbek SSR and the Republic of Uzbekistan, where she gave birth to three children in 1987, 1990, and 1992. Since May 1998, she has been a citizen of the Russian Federation.
In 2024, she applied to the Social Fund of the Kemerovo Oblast - Kuzbass for an early old-age pension on the grounds provided for by the contested provision: due to reaching the age of 57, having at least 15 years of insurance period, and having given birth to and raised three children to the age of 8. However, she was refused. Authorities noted that in 2022, the 1992 Agreement on Guarantees of the Rights of Citizens of CIS Member States in the Field of Pensions ceased to be in effect. And in the absence of special regulation, the applicant’s pension must be granted on a general basis and the fact of giving birth to and raising children to the age of 8, if this took place on the territory of another state, cannot be taken into account. The applicant unsuccessfully challenged the refusal in ordinary courts and appealed to the Constitutional Court of the Russian Federation.
Position of the applicant
According to the applicant, the contested provision is inconsistent with the Articles 7, 19 (part 1), 38 (part 1 and 2), 39 (part 1), 55 (part 3) and 67.1 (part 4) of the Constitution, as it excludes the possibility of early assignment of an old-age insurance pension to mothers of many children because their children were born in the USSR and on the territory of a foreign state that previously was part of the USSR.
Presiding Judge Valery ZORKIN
Judge Rapporteur Aleksandr KONOVALOV
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