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PROVISION CONTESTED BY OMBUDSMAN RECOGNIZED UNCONSTITUTIONAL
12:24 | October 17,2014 | Social
By now in the event of pensioner's death, his or her heirs, if not
applying for the unit granting pensions, have been deprived of the
possibility to receive due money. As a result, the right of both the
heirs and donors to property was being violated.
Previously, in the event of pensioner's death, the amount of pension
not received by the pensioner was paid only in the case when the heirs
submitted necessary documents within six months after the pensioner's
death. In the event of not submitting within the 6 month's term,
the heirs could receive the above mentioned money within 12 months,
already as an inheritance.
The Civil Code provides two exclusions for inheriting the unpaid
pension after the established period of 12 months:
An inheritance is accepted by a heir after the expiration of the time
period limit established for accepting without applying to court,
on the condition of the consent thereto of all the remaining heirs
who have accepted the inheritance.
The Court recognizes the inheritance accepted if the Court finds the
reasons for missing the time period to be compelling.
It should be noted that in the event of accepting the inheritance
on the ground of actual possession, there is no need of submitting
any application.
The constitutionality of the above mentioned provision of the Law on
State Pensions has been contested by the Defender Karen Andreasyan,
as a result of which it was recognized unconstitutional and invalid.
>From now on, unpaid pension of the dead pensioner can be granted even
after 12 months, if there is the consent of all the other heirs, as
well as if the Court finds the reasons for missing the time period to
be compelling. On the ground of actual possession, the unpaid money
should also be granted without any time limitation.
Such decision made by the Constitutional Court is welcomed, since
it promotes the protection of the right of an individual to receive
inheritance, as well as it promotes the protection of the right to
property, the Ombusman's Office reports.
http://en.a1plus.am/1198354.html
12:24 | October 17,2014 | Social
By now in the event of pensioner's death, his or her heirs, if not
applying for the unit granting pensions, have been deprived of the
possibility to receive due money. As a result, the right of both the
heirs and donors to property was being violated.
Previously, in the event of pensioner's death, the amount of pension
not received by the pensioner was paid only in the case when the heirs
submitted necessary documents within six months after the pensioner's
death. In the event of not submitting within the 6 month's term,
the heirs could receive the above mentioned money within 12 months,
already as an inheritance.
The Civil Code provides two exclusions for inheriting the unpaid
pension after the established period of 12 months:
An inheritance is accepted by a heir after the expiration of the time
period limit established for accepting without applying to court,
on the condition of the consent thereto of all the remaining heirs
who have accepted the inheritance.
The Court recognizes the inheritance accepted if the Court finds the
reasons for missing the time period to be compelling.
It should be noted that in the event of accepting the inheritance
on the ground of actual possession, there is no need of submitting
any application.
The constitutionality of the above mentioned provision of the Law on
State Pensions has been contested by the Defender Karen Andreasyan,
as a result of which it was recognized unconstitutional and invalid.
>From now on, unpaid pension of the dead pensioner can be granted even
after 12 months, if there is the consent of all the other heirs, as
well as if the Court finds the reasons for missing the time period to
be compelling. On the ground of actual possession, the unpaid money
should also be granted without any time limitation.
Such decision made by the Constitutional Court is welcomed, since
it promotes the protection of the right of an individual to receive
inheritance, as well as it promotes the protection of the right to
property, the Ombusman's Office reports.
http://en.a1plus.am/1198354.html