Екатерина Чернявская
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Конституционный Суд Российской Федерации пришел к указанному выводу, рассмотрев обращение гражданина В., которому 15 июля 1988 года установили наличие профессионального заболевания, связанного с его многолетней занятостью на буровых работах. На основании этого приказом комбината, на котором он работал, 24 января 2000 года ему впервые были назначены ежемесячные страховые выплаты в возмещение вреда здоровью на срок с 13 января 2000 года до 13 января 2001 года. Основанием для указанных выплат послужило его заявление исходя из заработной платы за 12 месяцев, предшествовавших установлению утраты им профессиональной трудоспособности. Впоследствии эти выплаты индексировал и продлевал исходя из процента утраты профессиональной трудоспособности территориальный орган ФСС России, куда и поступили документы личного учетного дела заявителя.
При этом решением городского суда от 24 апреля 2014 года на региональное отделение ФСС России была возложена обязанность назначить истцу с 1 марта 2014 года ежемесячные страховые выплаты в размере 49 842,53 руб. с последующей индексацией, а также перечислить, в частности, недоплату по ним за период с 13 января 2000 года по 1 марта 2014 года в размере 2 124 281,55 руб. с индексацией в размере 1 124 580,86 руб. ФСС России выплатил истцу средства в указанном размере, однако попытался обжаловать это решение, апелляционная инстанция оставила его без изменения, а кассационная в лице Судебной коллегии по гражданским делам Верховного Суда Российской Федерации отменила его. Это было аргументировано существенными нарушениями судами норм материального права, повлиявших на исход дела. Дело в том, что ни на момент передачи личного дела от работодателя в территориальный орган ФСС России, ни в дальнейшем гражданин В. не заявлял о необходимости перерасчета ежемесячных страховых выплат в связи с наступлением обстоятельств, влекущих изменение их размера.
Аналитическая система «Сутяжник» поможет узнать, какие обстоятельства являются решающими для судов в конкретных видах споров. Вы сможете понять, как нужно скорректировать исковое заявление или претензию, чтобы увеличить вероятность принятия решения в вашу пользу. Начать работу
Решения судов менялись еще несколько раз, причем из них следовало, что заявитель должен вернуть государству выплаченные ему средства. Так, до февраля текущего года с него по исполнительным листам в пользу ФСС России было взыскано 170 524,5 руб. Гражданин В. cчел ситуацию противоречащей Конституции РФ и обратился в КС РФ.
Последний пришел к заключению, что абз. 2 ч. 3 ст. 445 Гражданского процессуального кодекса не является основанием для поворота исполнения решений суда о взыскании в пользу гражданина ежемесячных страховых выплат, в том числе с учетом их индексации, при отмене этих судебных решений в кассационном или надзорном порядке. Речь идет о случаях, когда отмененное решение не было основано на сообщенных истцом ложных сведениях или представленных им подложных документах. Решения, принятые по делам заявителя, будут пересмотрены с учетом обозначенной трактовки норм закона (Постановление КС РФ от 13 ноября 2018 г. № 40-П1).
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1 С текстом Постановления КС РФ от 13 ноября 2018 г. № 40-П можно ознакомиться на официальном сайте КС РФ.
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