INCLUSION OF NON-INSURED PERIODS, THAT HAVE OCCURRED ABROAD, IN INSURANCE EXPERIENCE TO ASSIGN AN INSURANCE PENSION

The issue of the possibility of crediting non-insurance periods listed in p. 1 of Art. 12 of the Federal Law «On Insurance Pensions» to the insurance experience, if they took place outside the territory of the Russian Federation, is considered. The relevant legal norms of the Russian pension legislation and approaches to their interpretation formed in the law enforcement practice of the bodies of the Social Fund of Russia and courts of general jurisdiction are analyzed. The author concludes that in relation to most non-insurance periods, they are supposed to be «linked» not to the territory of the Russian state, but to Russian legislation as the basis for the emergence of a legal relationship. Such a connection may be directly expressed in legal norms or deduced from mutually agreed provisions of legislation. This allows for the possibility of separate  non-insurance periods in a foreign country (for example, the period of military service if a military unit is stationed outside the territory of the Russian Federation). With regard to certain non-insurance periods (the period of care of one of the parents for a child under the age of one and a half years and the period of care of an adult able-bodied person for a disabled child), the validity of the approach proposed by the insurer, excluding the possibility of their crediting to the insurance experience, if the care was carried out on the territory of a foreign state, is questioned.