Constitutional Court: rules on the assignment of military pensions are lawful

Теlegram CС - https://t.me/consot_kz

 

An application was submitted to the Constitutional Court requesting a review of a provision of the Social Code that establishes the conditions for granting long-service pensions to military personnel.

The application arose from the refusal to grant a pension to a former serviceman with more than 26 years of service who had been dismissed on negative grounds. The courts of all instances upheld the legality of the refusal.

The applicant argued that the requirement to reach the maximum service age, even with sufficient years of service, is unfair compared to other grounds for dismissal.

The Constitutional Court explained that a military pension is granted upon the fulfilment of two conditions: sufficient length of service and dismissal upon reaching the statutory age limit for military service. These rules are established by law, taking into account the special legal status of military service.

The Constitutional Court noted that different conditions for different situations do not in themselves constitute discrimination if they have a reasonable and lawful basis.