Payment of monthly percentage bonuses to the official salary (tariff rate) of citizens admitted to state secrets on an ongoing basis and employees of structural units for the protection of state secrets.

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GOVERNMENT OF THE RUSSIAN FEDERATION REGULATION dated September 18, 2006 N 573 Moscow On the provision social guarantees citizens admitted to state secrets on a permanent basis, and employees structural divisions on protection state secrets(As amended by the Government Decree Russian Federation dated 06.06.2008 N 440) In accordance with Article 4 of the Law of the Russian Federation “On State Secrets” and in order to provide social guarantees to citizens admitted to state secrets on an ongoing basis, and employees of structural units for the protection of state secrets, the Government of the Russian Federation p stops: 1. Approve the attached Rules for the payment of monthly percentage allowances to official salary ( tariff rate) citizens admitted to state secrets on a permanent basis, and employees of structural units for the protection of state secrets. 2. Federal authorities state power establish in their subordinate organizations the amount of monthly percentage bonuses to the official salary (tariff rate) of citizens admitted to state secrets on an ongoing basis and employees of structural units for the protection of state secrets (hereinafter referred to as bonuses) in accordance with the Rules approved by this resolution. Expenditures for these purposes shall be financed from funds federal budget provided to the main managers of federal budget funds for the corresponding year. 3. Recommend to government bodies of the constituent entities of the Russian Federation and authorities local government to provide, starting from 2007, in the budgets of the constituent entities of the Russian Federation and local budgets funds to pay bonuses in amounts established by the Rules approved by this resolution., constituting a state secret, bonuses are paid from funds received from the main activities of these organizations, in the manner prescribed by this resolution. 4-1. Ministry of Health and of the Russian Federation to provide explanations on the application of the Rules approved by this resolution. (Added - Decree of the Government of the Russian Federation dated 06.06.2008 N 440) 5. Recognize as invalid: Decree of the Government of the Russian Federation dated October 14, 1994 N 1161 “On the procedure and conditions for the payment of percentage bonuses to the official salary (tariff rate) of officials persons and citizens admitted to state secrets" (Collection of Legislation of the Russian Federation, 1994, No. 25, Art. 2718); paragraph 3 of the amendments and additions that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of March 28, 2001 N 237 (Collected Legislation of the Russian Federation, 2001, N 15, Art. 1486);, - 10-15 percent, without verification activities, - 5-10 percent. When determining the amount of the monthly percentage allowance, the amount of information to which specified citizens

have access, as well as the duration of the period during which the classification of this information remains relevant.

The monthly percentage bonus is paid from the duly approved wage fund (salary).

2. If the amount of the monthly percentage bonus to the official salary (tariff rate), provided for in paragraph 1 of these Rules, turns out to be lower than the size of the previously established bonus received by citizens admitted to state secrets on a permanent basis for working with information constituting a state secret, they retain the previously established allowance until the expiration of the agreement (contract) by which it is provided.

3. Employees of structural units for the protection of state secrets, in addition to the monthly percentage increase to the official salary (tariff rate) provided for in paragraph 1 of these Rules, are paid a percentage increase to the official salary (tariff rate) for length of service in the specified structural units.

The percentage increase to the official salary (tariff rate) for work experience from 1 to 5 years is 10 percent, from 5 to 10 years - 15 percent, from 10 years and above - 20 percent.

The length of service of employees of structural units for the protection of state secrets, which gives the right to receive the specified bonus, includes time spent working in structural units for the protection of state secrets of other government bodies, local governments and organizations.

____________

1. Approve the attached Rules for the payment of monthly percentage bonuses to the official salary (tariff rate) of citizens admitted to state secrets on an ongoing basis and employees of structural units for the protection of state secrets.

2. Federal government bodies shall establish in their subordinate organizations the amount of monthly percentage bonuses to the official salary (tariff rate) of citizens admitted to state secrets on an ongoing basis and employees of structural units for the protection of state secrets (hereinafter referred to as bonuses) in accordance with the Rules, approved by this Resolution.

Expenditures for these purposes shall be financed from federal budget funds allocated to the main managers of federal budget funds for the corresponding year.

3. To recommend that government bodies of the constituent entities of the Russian Federation and local self-government bodies provide, starting from 2007, in the budgets of the constituent entities of the Russian Federation and local budgets for the payment of bonuses in the amounts established by the Rules approved by this Resolution.

4. Establish that citizens working in organizations that do not have departmental affiliation and carry out, in accordance with the established procedure, work related to the use of information constituting state secrets, allowances are paid from funds received from the main activities of these organizations, in the manner prescribed by this Resolution .

4.1. Ministry of Labor and social protection of the Russian Federation to provide explanations on the application of the Rules approved by this Resolution.

5. To recognize as invalid:

paragraph 3 of amendments and additions that are made to acts of the Government of the Russian Federation, approved by the Resolution Government of the Russian Federation of March 28, 2001 N (Collection of Legislation of the Russian Federation, 2001, N 15, Art. 1486);

paragraph 3 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of May 28, 2001 N (Collection of Legislation of the Russian Federation, 2001, N 23, Art. 2371);

Decree of the Government of the Russian Federation of April 2, 2002 N 209 “On recognizing as invalid the paragraph of the second paragraph 3 of the Decree of the Government of the Russian Federation of October 14, 1994 N 1161” (Collected Legislation of the Russian Federation, 2002, N 14, Art. 1309).

Chairman of the Government

Russian Federation

M.FRADKOV

Approved

Government Decree

Russian Federation

PAYMENTS OF MONTHLY INTEREST

TO THE OFFICIAL SALARY (TARIFF RATE) OF CITIZENS,

ACCESSED TO STATE SECRETS ON A PERMANENT BASIS,

AND EMPLOYEES OF STRUCTURAL DIVISIONS

FOR THE PROTECTION OF STATE SECRETS

1. A monthly percentage increase to the official salary (tariff rate) of citizens admitted to state secrets on a permanent basis (with the exception of military personnel, employees of internal affairs bodies of the Russian Federation and the penal system) is paid depending on the degree of secrecy of the information to which these citizens have documented access legally.

The amount of the monthly percentage increase to the official salary (tariff rate) for work with information classified as “special importance” is 50 - 75 percent, classified as “top secret”, - 30 – 50 percent classified as “secret” when obtaining admission with verification activities, - 10 - 15 percent, without verification activities, - 5 - 10 percent.

When determining the size of the monthly percentage increase, the volume of information to which these citizens have access is taken into account, as well as the duration of the period during which the classification of this information remains relevant.

The monthly percentage bonus is paid from the wage fund approved in accordance with the established procedure.

The percentage increase to the official salary (tariff rate) for work experience from 1 to 5 years is 10 percent, from 5 to 10 years - 15 percent, from 10 years and above - 20 percent.

The length of service of employees of structural units for the protection of state secrets, which gives the right to receive the specified allowance, includes time spent working in structural units for the protection of state secrets of other government bodies, local governments and organizations.

Government of the Russian Federation Resolution No. 573 of September 18, 2006 on the provision of SOCIAL GUARANTEES TO CITIZENS ACCESSED TO STATE SECRETS ON A PERMANENT BASIS, and EMPLOYEES OF STRUCTURAL DIVISIONS FOR THE PROTECTION OF STATE SECRETS in accordance with Article 4 of the Law of the Russian Federation "On State Secrets" and for the purposes of providing social guarantees to citizens admitted to state secrets on a permanent basis and employees of structural units for the protection of state secrets The Government of the Russian Federation decides: 1. To approve the attached Rules for the payment of monthly percentage bonuses to the official salary (tariff rate) of citizens admitted to state secrets on a permanent basis basis, and employees of structural units for the protection of state secrets. N 237 (Collection of Legislation of the Russian Federation, 2001, N 15, Art. 1486); 3. Employees of structural units for the protection of state secrets, in addition to the monthly percentage increase to the official salary (tariff rate) provided for in paragraph 1 of these Rules, are paid a percentage increase to the official salary (tariff rate) for length of service in the specified structural units.

have access, as well as the duration of the period during which the classification of this information remains relevant.

____________

Expenditures for these purposes shall be financed from federal budget funds allocated to the main managers of federal budget funds for the corresponding year.

4.1. The Ministry of Labor and Social Protection of the Russian Federation shall provide explanations on the application of the Rules approved by this Resolution.

5. To recognize as invalid:

paragraph 3 of the amendments and additions that are made to the acts of the Government of the Russian Federation, approved (Collection of Legislation of the Russian Federation, 2001, No. 15, Art. 1486);

paragraph 3 of the amendments that are made to the acts of the Government of the Russian Federation, approved (Collection of Legislation of the Russian Federation, 2001, No. 23, Art. 2371);

Chairman of the Government
Russian Federation
M.FRADKOV

Approved
Government Decree
Russian Federation
dated September 18, 2006 N 573

RULES
PAYMENTS OF MONTHLY INTEREST
TO THE OFFICIAL SALARY (TARIFF RATE) OF CITIZENS,
ACCESSED TO STATE SECRETS ON A PERMANENT BASIS,
AND EMPLOYEES OF STRUCTURAL DIVISIONS
FOR THE PROTECTION OF STATE SECRETS

The monthly percentage bonus is paid from the wage fund approved in accordance with the established procedure.

The percentage increase to the official salary (tariff rate) for work experience from 1 to 5 years is 10 percent, from 5 to 10 years - 15 percent, from 10 years and above - 20 percent.

№ 2-101 (2011)

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Verkhnebureinsky district court Khabarovsk Territory, consisting of the presiding judge T.V. Maslova

with the participation of the assistant prosecutor of the Verkhnebureinsky district Gulyaev N.V.,

plaintiff Zakharchenko E.A.,

lawyer Melnikov Yu.V. who submitted a warrant to participate in the case

representative of the defendant - OJSC Urgalugol N.V. Leshan, acting by proxy,

under secretary Guryeva N.V.,

having examined in open court a civil case based on a claim filed by the prosecutor of the Verkhnebureinsky district in the interests of Zakharchenko FULL NAME9 to Otkrytogo joint stock company"Urgalugol" on the recovery of the lost premium for access to state secrets,

installed:

The prosecutor of the Verkhnebureinsky district filed a lawsuit in the interests of E.A. Zakharchenko. to OJSC Urgalugol for the recovery of the lost premium for access to state secrets in the amount<данные изъяты>, justifying their demands by the fact that the prosecutor’s office of the Verkhnebureinsky district, at the request of Zakharchenko E.A. regarding incomplete payment upon dismissal from Urgalugol OJSC, an inspection was carried out, based on the results of which the following was established. Since February 2002 Zakharchenko E.A. worked at Urgalugol OJSC as<данные изъяты>, in May 2006 his position was renamed to<данные изъяты>He worked in this position until October 2010, after which he was dismissed from November 1, 2010 to at will. Zakharchenko E.A., occupying specified positions, in accordance with clause 8 of the Decree of the Government of the Russian Federation of October 28, 1995 No. 1050 “On approval of the Instructions on the procedure for accessing state secrets for officials and citizens of the Russian Federation,” had access to state secrets. In accordance with his job description, he was the head<данные изъяты>, and also led secret office work, therefore DD.MM.YYYY the state security authorities granted him access to state secrets. In accordance with Decree of the Government of the Russian Federation No. 1161 of October 14, 1994 “On the procedure and conditions for the payment of percentage bonuses to the official salary (tariff rate) of officials and citizens admitted to state secrets,” Zakharchenko E.A. should have been paid a monthly 35% bonus to the official salary, which consists of 20% - as having access to the 2nd form, 15% - for work experience in a structural unit for the protection of state secrets over 10 years (taking into account inclusion in the experience previous service in the state security agencies, where he had access to state secrets). The specified resolution was in force on January XXX, 2007. The allowance established by the Government of the Russian Federation No. 1161 of October 14, 1994 was not paid to Zakharchenko. On January 1, 2007, Decree of the Government of the Russian Federation of September 18, 2006 No. 573 “On the provision of social guarantees to citizens admitted to state secrets on a permanent basis and to employees of structural units for the protection of state secrets” came into force. According to the said resolution, Zakharchenko E.A. were entitled to: a monthly 30-50% bonus to the official salary, as permanent access to information classified as “top secret”, 15% - for work experience of 5 days XXX years in a structural unit for the protection of state secrets . Thus, according to the said resolution, Zakharchenko E.A. a monthly premium of 45-65% was given. Established by Decree of the Government of the Russian Federation No. 573 of September 18, 2006, the allowance for Zakharchenko E.A. was paid in part at the rate of 20% in the periods from October 2007 to November 2008, as well as from February 2009 to October 2010. In addition, in accordance with order No. 1023-k dated March 29, 2005, Zakharchenko E.A. an additional payment of 20% was paid for maintaining documentation for the second group, but this additional payment is not an additional payment for access to state secrets. During the period of work of E.A. Zakharchenko at OJSC Urgalugol, an amount was not paid to him<данные изъяты>. Specified amount consists of the calculation of the percentage increase established by the resolutions of the Government of the Russian Federation No. 1161 of October 14, 1994, No. 573 of September 18, 2006, to the salary established by E.A. Zakharchenko, percentage increases for work in an area equivalent to Far North, regional coefficient. Zakharchenko E.A. in accordance with Order No. 2226-k dated October 29, 2010, he was dismissed from Urgalugol OJSC at his own request. Upon dismissal, additional payments for access to state secrets are not paid.

At the court hearing on April 4, 2011. The plaintiff’s side presented a calculation of the lost Money for the period of his work in the special unit of OJSC Urgalugol, according to which the amount of underpayment taking into account the regional and northern coefficient amounted to<данные изъяты>rubles (ld. 132-134)

Assistant prosecutor Gulyaev N.V., lawyer Melnikov Yu.V. objected to the arguments of the defendant’s representative regarding the missed deadline for going to court, established by Article 392 of the Labor Code of the Russian Federation, to resolve an individual labor dispute, supported the stated claims in in full subject to clarification.

Zakharchenko E.A. at the court hearing supported the claims, taking into account their clarification in amount<данные изъяты>rubles and explained to the court that he knew that he should be paid a bonus for secrecy, which he was paid in a smaller amount, but he did not know that the director did not have the right to pay a bonus in a smaller amount, since this is prohibited by Article 149 of the Labor Code of the Russian Federation . I learned about the violation of my rights in October 2010. after verification by the FSB authorities of the secrecy regime. He drafted the order establishing the amount of allowances based on proposals from SUEK.

Representative of the defendant OJSC Urgalugol Leshan N.V. did not recognize the claims, submitting a petition from which it follows that Zakharchenko E.V. was hired by OJSC Urgalugol<данные изъяты>. According to order No. 188-k dated February 14, 2002, he was transferred<данные изъяты>, he was granted access to information constituting state secrets. During 2002-2003 Zakharchenko was given a personal salary that was higher than the established one staffing table Thus, the employer compensated Zakharchenko for the payment of bonuses. In 2007 the bonus was set by Zakharchenko at 20%, since Resolution No. 573 applied only to those newly hired for this position. In accordance with order No. 2226-k dated October 29, 2010, Zakharchenko E.V. was dismissed at his own request. As follows from the minutes of the Commission on labor disputes OJSC Urgalugol, that its rights were violated regarding non-payment of bonuses, Zakharchenko E.A. became known on January 21, 2009, therefore, the plaintiff missed the three-month deadline limitation period, established by Article 392 of the Labor Code of the Russian Federation. In this regard, the court asks the court to refuse claims. We do not agree with the calculation of the claims presented by the plaintiff, since these calculations were made without taking into account the explanations of the Ministry of Labor on the calculation of length of service when paying bonuses for secrecy (clause 7). We do not agree with the amount of expenses for the lawyer’s services, since all the work was done by the Verkhnebureinsky District Prosecutor’s Office.

The court, having studied the case materials, listened to the persons participating in the case, the specialist’s explanations, considered the defendant’s objections regarding the plaintiff’s admission without good reasons limitation period for the protection of rights and established federal law the deadline for going to court comes to the following.

In accordance with Article 392 of the Labor Code of the Russian Federation, an employee has the right to go to court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his right, and in disputes about dismissal - within one month from the date delivery of a copy of the dismissal order to him or from the date of issue work book. If deadlines are missed for valid reasons, installed in parts first and second of this article, they can be restored by the court.

According to paragraph 5 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by courts of the Russian Federation Labor Code Russian Federation”, the judge does not have the right to refuse to accept a statement of claim on the grounds of missing the deadline for going to court without good reason (parts one and two of Article 392 of the Labor Code of the Russian Federation) or the deadline for appealing the decision of the labor dispute commission (part two of Article 390 of the Labor Code of the Russian Federation), since the Code does not provide for such a possibility. The decision of the labor dispute commission to refuse to satisfy an employee’s claim due to missing the deadline for presenting it is not an obstacle to initiating a labor case in court.

Circumstances that prevented the to this employee timely file a claim with the court for resolution of an individual labor dispute (for example, the plaintiff’s illness, his being on a business trip, the impossibility of going to court due to force majeure, the need to care for seriously ill family members).

As seen from the case materials and established by the court, Zakharchenko E.A. from February 15, 2002 to October 31, 2010, he was in an employment relationship with Urgalugol OJSC, working in the position<данные изъяты>(since May 1, 2006 in position<данные изъяты>), he was granted access to information constituting a state secret (case files 23-28, 45-46, 52-53, 97-102).

By order 188-k dated February 14, 2002. salary Zakharchenko E.A. installed on February 15, 2002. at the rate of<данные изъяты>rubles (l.d. 135)

According to the staffing table, the salary of Zakharchenko E.A.<данные изъяты>from 1.03.2002 set to size<данные изъяты>rubles (case sheet 145-146)

Order No. 1735-k dated December 11, 2002. Zakharchenko E.A. personal salary is set at<данные изъяты>rubles from 01.12.2002 (case sheet 137-140)

Order No. 1795-k dated November 25, 2003. Zakharchenko E.A. The salary for the position is set at<данные изъяты>rubles from 01.11.2003 (l.d141-144.)

Specialist FULL NAME7 presented calculations (case sheets 157-161) and showed the court that she works in the labor department and wages OJSC Urgalugol, in 2002-2003. Zakharchenko E.A., who worked at the position<данные изъяты>personal salary was set, the decision was made by the head of the enterprise, what was the motivation this decision unknown to her, suggests that the salary was set higher than that provided for in the staffing table, taking into account the inclusion of allowances. During the period of work Zakharchenko E.A. received a salary of 613,694.78 rubles more, compared to if Zakharchenko E.A. no personal salary was established and bonuses were paid. Since March 2005 Zakharchenko was paid a 20% bonus for maintaining documentation for the second group, which does not apply to the bonus for working with information constituting a state secret.

By order general director OJSC "Urgalugol" dated October 29, 2010 No. 2226-k<данные изъяты>Zakharchenko E.A. dismissed on October 31, 2010 at his own request due to retirement on the basis of clause 3, part 1, article 77 of the Labor Code of the Russian Federation (case file 21).

By the decision of the Labor Dispute Commission of Urgalugol OJSC dated November 30, 2010, the application of Zakharchenko, FULL NAME10, on the issue of payment of interest bonuses and their indexations for the period from February 2002 to October 2010 was refused due to omission three month period to contact the CTS (case file 135).

From the explanations of Zakharchenko E.A., given by him at the meeting of the CCC, following which the above decision was made, it follows that from February 2002 he was issued an admission in form 2, he knew when hiring that additional payments would be made, which provided for by regulations of the Government of the Russian Federation. He talks about the additional payments that were not paid to him. He knew about his rights and that there were deadlines for filing an appeal, but did not apply to the CTS and the court during the period of work at Urgalugol OJSC, since “he did not want to cut the branch on which he was sitting” (case file 135- 138).

03.12.2010 Zakharchenko E.A. appealed to the prosecutor's office of the Verkhnebureinsky district with a statement in which he asked to oblige OJSC "Urgalugol" to make a calculation of the lost monthly bonuses according to the Decree of the Government of the Russian Federation dated October 14, 1994 No. 1161, dated September 18, 2006 No. 573 (case sheets 5-6).

The case file contains a memorandum<данные изъяты>Zakharchenko E.A. addressed to the General Director of OJSC Urgalugol, dated January 21, 2009, from which it follows that Zakharchenko E.A. is aware of the size of the monthly percentage bonus for persons who have access to information constituting state secrets (30-50%), as well as for length of service in structural units for the protection of state secrets (20%). In this memorandum Zakharchenko E.A. also indicated that since December 2008, OTIZ has canceled these additional payments, which violated the Decree of the Government of the Russian Federation of September 18, 2006 No. 573, in connection with which, he asked to make an appropriate decision (case file 103).

In accordance with paragraph 3 of Article 4 of the Law of the Russian Federation of July 21, 1993. N5485-1 “On State Secrets” The Government of the Russian Federation establishes a procedure for providing social guarantees to citizens admitted to state secrets on an ongoing basis, and to employees of structural units for the protection of state secrets.

Decree of the Government of the Russian Federation of October 14, 1994 N 1161 “On the procedure and conditions for the payment of percentage bonuses to the official salary (tariff rate) of officials and citizens admitted to state secrets” are established for officials and citizens admitted to state secrets on an ongoing basis the amount of the monthly percentage increase to the official salary (tariff rate) for work with information constituting a state secret, depending on the degree of secrecy of the information to which they have access and the amount of the monthly percentage increase to the official salary (tariff rate) for work experience, in the amount 20% - degree of secrecy - “top secret” and 15% for experience of 10 years or more. The specified bonus is paid officials and citizens who have a registered established by law procedure for access to information of the appropriate degree of secrecy and by decision of the head of a government body, enterprise, institution or organization constantly working with the specified information due to official (functional) responsibilities.

According to the above legal norm In order for officials and citizens to receive a monthly percentage increase to their official salary (tariff rate) for working with information constituting a state secret, three conditions are necessary. Firstly, the presence of access to information of the appropriate degree of secrecy formalized in accordance with the procedure established by law, secondly, the decision of the head of a government body, enterprise, institution or organization to pay such an allowance, thirdly - Full time job with the specified information due to official (functional) responsibilities.

From the pay slips presented to the court regarding the calculation of wages, Zakharchenko E.A. for the period from January 2002 to September 2007 it follows that the bonus for working with information constituting a state secret is Zakharchenko E.A. has not been accrued since March 2002. to September 2007 inclusive (case sheet 143-151)

As established at the court hearing, the employer’s decision to establish a bonus on the basis of the above-mentioned Resolution of Zakharchenko E.A. from 15.02.2002 to December 2006 was not accepted.

In 2002-2003 Zakharchenko E.A. The employer has repeatedly increased the official salary, which is confirmed by orders and explanations from a specialist Full Name7

These circumstances were known to the plaintiff during the period of his work for the defendant, therefore, the plaintiff agreed with this state of affairs and did not apply to the employer for payment of the bonus. This question he was assigned immediately after his dismissal, which follows from the explanations of E.A. Zakharchenko. contained in the decision of the CCC.

Consequently, the demands of the plaintiff Zakharchenko E.A. on the payment of an allowance for working with information constituting a state secret and an allowance for length of service, which is additional to the above allowance for the period from February 15, 2002. to December 2006 inclusively unfounded.

By Decree of the Government of the Russian Federation of September 18, 2006. N573 approved the Rules for the payment of monthly percentage bonuses to the official salary (tariff rate) of citizens admitted to state secrets on an ongoing basis, and employees of structural units for the protection of state secrets.

According to paragraph 1 of the above Rules, a monthly percentage increase to the official salary (tariff rate) of citizens admitted to state secrets on an ongoing basis is paid depending on the degree of secrecy of information to which these citizens have documented access on legal grounds.

The monthly percentage increase to the official salary (tariff rate) for work with information classified as “top secret” is 30-50%.

According to paragraph 3, employees of structural units for the protection of state secrets, in addition to the monthly percentage increase to the official salary (tariff rate) provided for in paragraph 1 of these Rules, are paid a percentage increase to the official salary (tariff rate) for length of service in the specified structural units.

The amount of the percentage increase to the official salary (tariff rate) for work experience of 1 day XXX years is 10 percent, from 5 years XXX years - 15 percent, from 10 years and above - 20 percent.

According to Part 1, Article 29 of the Law of the Russian Federation "On State Secrets", financing of the activities of government bodies, budgetary enterprises, institutions and organizations and their structural divisions for the protection of state secrets is carried out at the expense of the corresponding budgets, and for other enterprises, institutions and organizations - for an account of funds received from their main activities when performing work related to the use of information constituting a state secret.

According to the charter of OJSC Urgalugol is commercial organization, the purpose of which is to generate profit while carrying out the activities defined in clause 4.2 of the charter. (case file 56-86)

The court established that Zakharchenko E.A. Before his dismissal, he was allowed to work with information constituting state secrets on a permanent basis, with the secrecy level of “top secret” (second form of clearance).

Order No. 1023-k dated March 29, 2005. Zakharchenko E.A.<данные изъяты>, with his consent, the obligation to maintain documentation for the second group was imposed and an additional payment was established in the amount of 20% of the official salary from 03/01/2005. (ld. 147-148), which was paid to Zakharchenko according to pay slips from March 2005. to October 2008 inclusive.

According to job descriptions approved in 2005, 2006 and 2008, with which Zakharchenko was familiarized with the Regulations on<данные изъяты>(ld. 104-111) duties<данные изъяты>included responsibilities for organizing and maintaining mobilization work at the enterprise, therefore, the plaintiff’s arguments that the 20% paid to him by the employer since March 2005. was not an additional payment for access to state secrets is justified and not disputed by the defendant.

As follows from memo OJSC "SUEK" from DD.MM.YYYY (case file 31) for the Khabarovsk region to OJSC "Urgalugol" budget of payments according to resolution No. 573 of September 18, 2006. is 11,201 rubles, including an increase to the official salary of Zakharchenko E.A.<данные изъяты>is 20%. 04/24/2007 OJSC SUEK approached the General Director of OJSC Urgalugol with proposals to process materials for paying a percentage bonus to employees of enterprises for working with information constituting a state secret, in order to minimize costs. (case sheet 149-152)

Order No. 1203-r dated October 25, 2007. Zakharchenko E.A. installed on October 1, 2007 surcharge of 20% for work with information constituting a state secret. (case file 153)

Order No. 162-r dated February 17, 2009. Zakharchenko E.A. installed since 02/01/2009 surcharge of 20% for work with information constituting a state secret. (case file 29)

According to the Decree of the Government of the Russian Federation of September 18, 2006. N573 The amount of the monthly percentage increase to the official salary (tariff rate) for working with information classified as “top secret” is 30-50%.

Hence, legal basis to establish Zakharchenko E.A. from October 1, 2007, from February 1, 2009 monthly percentage increase is lower than the amount established by the Decree of the Government of the Russian Federation of September 18, 2006. N573 was not available from the employer - OJSC Urgalugol.

The decision to pay bonuses to Zakharchenko for the period from 01/01/2007. to September 2010 the employer OJSC Urgalugol was not accepted at all.

Reference by the head of Urgalugol OJSC to the lack of a source for paying an allowance for work with information constituting a state secret contained in a memo by the head of the special unit E.A. Zakharchenko. (case file 103) is unfounded for the following reasons:

According to Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of legislative and executive power, local self-government and are ensured by justice.

The absence of a source of payment in itself cannot be a basis for refusing to pay a citizen the amounts that are due to him in accordance with current legislation.

From the pay slips presented to the court regarding the calculation of wages, Zakharchenko E.A. for the period from January 2002 to October 2010 It follows that since January 2007. to September 2007 inclusive, the bonus for secrecy and work experience has not been awarded at all since October 2007. to November 2008, from February 2009 to October 2010 the secrecy premium was accrued to E.A. Zakharchenko monthly (case sheet 112-139; 143-160) in the amount of 20%, i.e. in violation of the requirements of the Decree of the Government of the Russian Federation of September 18, 2006. N573, which applies from January 1, 2007. and providing minimum size surcharge -30%, which also establishes additional payment for work experience. The bonus for length of service, which is additional for the above period, was not accrued at all.

Consequently, the plaintiff’s arguments regarding the accrual of bonuses for work with information constituting state secrets and work experience in an amount lower than established for the period from October 2007. to November 2008, from February 2009 to October 2010 and not accrual of the above allowances for the period from 01/01/2001. to September 2007 were confirmed by evidence in the case.

The defendant's arguments that the amount of Zakharchenko's bonus could not be set above 20% from 01.01.2007. are unfounded, since the Decree of the Government of the Russian Federation No. 1161 of October 14, 1994, which is referred to by the defendant, has lost its force due to its entry into force on January 1, 2007. Government Decree No. 573 of September 18, 2006, which applies to all employees without exception who have access to classified information.

According to the Resolution of the Ministry of Labor of the Russian Federation dated December 23, 1994 N 84 “On approval of the clarification “On the procedure for paying interest bonuses to officials and citizens admitted to state secrets” and the Letter of the Ministry of Health and Social Development of the Russian Federation dated May 28, 2009 N3999-17 when determining length of service work (service) in structural units for the protection of state secrets, only documented length of service (service) in these units should be taken into account, regardless of which government body, local government, enterprise or military unit the employee worked (served). in work (service) the length of service (service) in structural units for the protection of state secrets is not counted towards the length of work (service) to receive a monthly percentage increase.

If an employee of a structural unit for the protection of state secrets has a break in work (service) in these units for more than 5 years, then his previous work experience (service) in the structural units for the protection of state secrets is not taken into account when paying a percentage bonus.

Payment of a percentage bonus for length of service (service) is made on the basis of an order from the head (commander) with a list of employees of structural units for the protection of state secrets attached.

As follows from the work book and certificate dated 13/29/2010. break length of service Zakharchenko E.A. compiled before his employment at Urgalugol OJSC for a position in which he had the right to receive a bonus for secrecy amounted to 10 years (case sheet 97-102.22)

Consequently, the plaintiff’s arguments for payment of a 15% bonus for length of service are unfounded and, accordingly, the initial calculation of the claim was made by the plaintiff without taking into account the above-mentioned Resolution of the Ministry of Labor of the Russian Federation dated December 23, 1994. and Letters from the Ministry of Health and Social Development of the Russian Federation dated May 28, 2009. N3999-17.

Calculation of the claim, presented by the plaintiff on 04/04/2011. at the hearing, the court finds it correct, carried out taking into account the above-mentioned Resolution of the Ministry of Labor of the Russian Federation.

Thus, the court comes to the conclusion O partial satisfaction claims only for October 2010. at the rate of<данные изъяты>rubles, since Zakharchenko E.A. knew in October 2010 about a violation by the employer of his rights to receive bonuses in the amount established by Decree of the Government of the Russian Federation No. 573 of September 18, 2006. and went to court within the period established by Article 392 of the Labor Code of the Russian Federation and to refuse to satisfy the claims filed in the interests of E.A. Zakharchenko. for the period from February 2002 until September 2010, due to Zakharchenko E.A. missing the deadline established by Article 392 of the Labor Code of the Russian Federation to apply to court for protection of a violated right, since during the period of work in his position<данные изъяты>having access to information constituting a state secret, the plaintiff, knowing reliably about actual sizes allowances for access to information constituting a state secret (which is confirmed by the explanations of E.A. Zakharchenko during the meeting of the CCC on November 30, 2010, by order No. 1203-r dated October 25, 2007 “on the establishment of additional payments to employees authorized to work with state secrets” in which there is a record that the executor of the order was<данные изъяты>Zakharchenko E.A., the order was issued in accordance with the Decree of the Government of the Russian Federation of September 18, 2006. No. 573, information contained in the memorandum of Zakharchenko E.A. dated January 21, 2009), established by regulations Government of the Russian Federation dated October 14, 1994 No. 1161 and dated September 18, 2006 No. 573, had no obstacles to presenting claims for the recovery of the lost premium for access to state secrets to the CCC or to the court within the period established by Article 392 of the Labor Code of the Russian Federation, however, for the protection of their labor rights applied only after dismissal to the CTS, and then to the prosecutor’s office, not wanting to make demands on the employer during the period labor relations. In addition, at the court hearing it was established that Zakharchenko E.A. controlled the payment of bonuses by the employer, which is confirmed by a memo sent by him to the General Director of Urgalugol OJSC, 01/21/2009. after the employer stopped paying the bonus in December 2008. and January 2009 To court statement of claim prosecutor in the interests of Zakharchenko E.A. was received only on January 20, 2011, that is, after the expiration of the period established by Article 392 of the Labor Code of the Russian Federation for applying to court for protection of a violated right. At the same time, evidence of valid pass specified period The plaintiff was not represented in court.

In accordance with Part 1 of Article 98 of the Code of Civil Procedure of the Russian Federation, the defendant in favor of the plaintiff is also subject to recovery court expenses related to the plaintiff’s payment for the representative’s services, in proportion to the satisfied claims in the amount of<данные изъяты>rubles, taking into account the work done by lawyer Yu.V. Melnikov. work, participation in three court hearings, oral consultations provided by Zakharchenko E.A. after filing a claim in court, the volume and complexity of the case. Written agreement, concluded with Zakharchenko E.A. lawyer Melnikov Yu.V. refused to submit to the court, presenting a receipt for the receipt cash order No. 7 dated March 18, 2011 for the amount<данные изъяты>rubles (case sheet 162).

Based on the above, guided by Articles 194, 198 of the Code of Civil Procedure of the Russian Federation, the court

decided:

The claims of the prosecutor of the Verkhnebureinsky district, filed in the interests of Zakharchenko, FULL NAME11, against the Open Joint-Stock Company "Urgalugol" for the recovery of the lost premium for access to state secrets should be partially satisfied.

To recover from the Urgalugol Open Joint Stock Company the unpaid bonus for access to state secrets and work experience for October 2010. at the rate of<данные изъяты>, legal expenses in the amount<данные изъяты>rubles, total<данные изъяты>in favor of Zakharchenko FULL NAME12

To recover from the Open Joint Stock Company Urgalugol state fee at the rate of<данные изъяты>.

In satisfying the claims of the prosecutor of the Verkhnebureinsky district, filed in the interests of Zakharchenko, FULL NAME13, against the Open Joint Stock Company "Urgalugol" for the recovery of the lost premium for access to state secrets for the period from February 2002. to September 2010 refuse due to missing the statute of limitations.

The court decision can be appealed and protested in Khabarovsk regional court through the Verkhnebureinsky district court of the Khabarovsk Territory within 10 days from the date of production reasoned decision court

Judge T.V. Maslova

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