SAVICKIS AND OTHERS v. LATVIA JUDGMENT
was neither a State nor a supra-State entity. A Council of the Heads of State
of the CIS was set up. They decided on the same date that (UN Doc. A/47/60):
“The States of the Commonwealth support Russia’s continuance of the membership
of the USSR in the United Nations, including permanent membership of the Security
Council, and [membership of] other international organisations.”
II. PARTICULAR CIRCUMSTANCES OF THE CASE
A. The initial calculation of the applicants’ retirement pensions
17. In 1996, the Republic of Latvia created a social security system under
which periods of employment and equivalent periods accrued prior to 1991
in the territory of Latvia were to be taken into account in the calculation of
retirement pensions. Such periods were also to be taken into account for
citizens of Latvia if they had been accrued in the other territories of the former
USSR. However, in relation to “permanently resident non-citizens” the
employment and equivalent periods accrued in the other territories of the
former USSR were to be taken into account only in a limited number of
situations (see paragraphs 66-68 below).
18. The applicants were all born in various territories of the Soviet Union,
were nationals of the former USSR, and came to live in Latvia while its
territory was incorporated in the Soviet Union. Some of them arrived at a
young age, others shortly before the restoration of Latvia’s independence in
1990-91. Following the restoration of independence the applicants did not
become Latvian nationals but were granted the status of “permanently
resident non-citizens” (nepilsoņi) of Latvia. After having worked in Latvia
until their retirement they were granted retirement pensions. However, in
contrast to the situation pertaining for citizens of Latvia, the employment and
equivalent periods accrued outside the territory of Latvia in other parts of the
former USSR prior to the restoration of that State’s independence were not
taken into account in calculating their pensions.
1. First applicant (Mr Jurijs Savickis)
19. The first applicant was born in the Kalinin Oblast (Russia) in 1939.
Before the Court, he complained that the period of his employment in Russia,
which had lasted 21 years, 3 months and 13 days, was not initially included
in the calculation of his retirement pension, and although it was later included
this was only on an ex nunc basis, without retroactive effect.
20. By a letter received by the Registry on 30 October 2020, the
applicants’ representative informed the Court of the first applicant’s death.
By a letter of 16 February 2021, the applicant’s representative informed the
Court that no heir or close relative had come forward with a wish to pursue
the application on the first applicant’s behalf.
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