Compensation for illegal arrest. From prison to scrip

Question for a lawyer:

Lawyer's answer to the question:
if you are acquitted of the crime for which you were detained
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Question for a lawyer:

Lawyer's answer to the question: illegal detention
Alexander, to competently handle this case, I advise you to seek help from a lawyer.

I can advise you of a competent specialist who is directly involved in this category of cases.
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What should I do to receive compensation for illegal detention?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Art. 1070 Civil Code of the Russian Federation:

Harm caused to a citizen as a result of an illegal conviction, illegal prosecution, illegal use of detention or recognizance as a preventive measure, illegal bringing to administrative responsibility in the form of administrative arrest, as well as harm caused to a legal entity as a result of illegal involvement to administrative liability in the form of administrative suspension of activities, is reimbursed at the expense of the treasury of the Russian Federation, and in cases provided for by law, at the expense of the treasury of a subject of the Russian Federation or the treasury of a municipal entity in full, regardless of the guilt of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law.

File a claim in court for compensation for moral damages.
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Lawyer's answer to the question: illegal detention
Hello. You need to go to court with a corresponding statement of claim.
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Lawyer's answer to the question: illegal detention
Go to court in civil proceedings for compensation for moral damage, lost earnings, etc.
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How is moral damage for wrongful conviction calculated? What international norms and practice of the European Court exist...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
As such, the norm “day of imprisonment = 000 USD.” no, when compensating for moral damage, the court, of course, must make a selection of compensation for similar cases, incl. and the decisions of the ECHR, BUT don’t get your hopes up, the court won’t award much, everything will be at its discretion, which you won’t argue with.
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I was detained by the police while slightly intoxicated. A protocol of Article 20.21 of the Code of Administrative Offenses was drawn up, then they delivered...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
And also write a complaint to the Internal Security Department of the Internal Affairs Directorate for the Samara Region.
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Lawyer's answer to the question: illegal detention
Complain to the prosecutor's office and the court
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How realistic is it to receive compensation for illegal detention!?…

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Good night!According to from Part 1 of Art. 1070 of the Civil Code of the Russian Federation, harm caused to a citizen as a result of the illegal application to him as a preventive measure of detention or a written undertaking not to leave, the illegal imposition of an administrative penalty in the form of arrest or correctional labor, is compensated at the expense of the treasury of the Russian Federation, at the expense of the treasury of a municipal entity, a subject of the Russian Federation in full, regardless of the guilt of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court, in the manner prescribed by law.
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Lawyer's answer to the question: illegal detention
If this illegal content is documented, then it is quite possible to receive compensation. Moral damage and material damage depending on your losses. Good luck!
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When should the Ministry of Finance pay the amount?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
If you do everything correctly, the money should be transferred within three months. But not everyone succeeds.
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Help me correctly draw up a petition against the state for illegal detention...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
According to the rules of the site, the preparation of all legal documents refers to services provided on a paid basis
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And approximately how much can you sue for illegal detention for 8 months due to a miscarriage of justice? I was 16 years old at the time...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Ask for a million rubles in moral damages.
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can I write to the European court with the following papers in hand?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Appealing the amount of compensation for moral damage to the ECHR is of little prospect. The amount awarded is of an estimated nature, which is difficult to challenge in the ECHR. For the ECHR, the main thing is that the court recognized the illegality of detention and ordered compensation. In any case, it is necessary to appeal procedural violations committed by the courts (if they led to an underestimation of the amount of compensation). Or you will have to prove that the court, for example, when determining the amount of compensation, did not take into account some facts or circumstances that could increase the amount of compensation for moral damage (for example, it did not take into account some episodes related to detention or inhuman treatment) .
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Lawyer's answer to the question: illegal detention
Alexei! If six months have not passed since the court decision entered into legal force, then you have the right to apply to the European Court of Human Rights; if more than six months have passed, there is no point in applying, because The complaint will be returned to you if the deadline is missed.
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Please tell me what compensation is due for illegal detention for 11 months...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
In accordance with Art. 1070 of the Civil Code of the Russian Federation, harm caused to a citizen as a result of an illegal conviction, illegal prosecution, illegal use of detention or a written undertaking not to leave as a preventive measure, illegal bringing to administrative responsibility in the form of administrative arrest, as well as damage caused to a legal entity as a result illegal bringing to administrative responsibility in the form of administrative suspension of activities, is reimbursed at the expense of the treasury of the Russian Federation, and in cases provided for by law, at the expense of the treasury of a subject of the Russian Federation or the treasury of a municipal entity in full, regardless of the guilt of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law.

In particular, you have the right to apply for compensation for moral damage; you determine the amount of compensation yourself; subsequently, in court, you will have to justify it in court.
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Can I file a claim for illegal detention for 8 months and then they admitted that there was a miscarriage of justice...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Good afternoon

Yes - you can, both for compensation for material and moral damage
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What should I do to receive compensation for illegal detention?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Hello. You can only receive compensation.

If you need help, please contact
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Lawyer's answer to the question: illegal detention
Alexander, file a complaint with the prosecutor's office.
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How is compensation for moral damage for illegal detention for 1 day measured /degree/. Thank you….

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Hello. The court decides, and you are already appealing the amount.
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Can I file a claim for compensation for damage caused by unlawful detention? By the court's decision I...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Hello, Igor.

Yes, of course you can, you just need to look at the court’s decision.

If you need to resolve this issue, please contact me, I will be glad to help you.
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Lawyer's answer to the question: illegal detention
Hello! What evidence is there for this?
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where to complain about illegal detention...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Natalia!

It is necessary to appeal not the preventive measure, but the decision to initiate criminal proceedings and the decision to bring him as an accused.

The measure of restraint in the form of detention is chosen and extended by the judges of the DISTRICT court, not the magistrate. For the illegal prosecution of an innocent person, the investigator bears responsibility because he is a procedurally independent person.

The judge will not extend the term without grounds.

We need to figure it out.

Good luck!
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Lawyer's answer to the question: illegal detention
Natalia! Why are you and your lawyer complaining about detention? This is wrong in principle! We must complain exclusively about the very initiation of the criminal case, the illegality of the initiation itself and, as a consequence, the arrest! Complaining to the police about the police is disastrous and useless. To the prosecutor’s office, you also need to write sharply and harshly, and the likelihood that you won’t write back is high. It is necessary to go to court about illegal prosecution, this is the real solution. How to write - you need to know all the materials of the case.
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who is responsible?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Moral damage - the Ministry of Finance of the Russian Federation represented by the UFC...

Material:

In accordance with Art. 135 of the Code of Criminal Procedure of the Russian Federation, compensation for property damage to a rehabilitated person includes compensation for wages that he lost as a result of criminal prosecution, as well as other expenses.

The claim for compensation for property damage is resolved by the judge in the manner established by Art. 399 of the Code of Criminal Procedure of the Russian Federation for resolving issues related to the execution of a sentence and is not subject to consideration in civil proceedings.

TO: the claim for compensation for material damage caused by illegal prosecution is not a claim and cannot be considered in civil proceedings
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Lawyer's answer to the question: illegal detention
Treasury of the Russian Federation.

I ask “to recover from the Treasury of the Russian Federation in favor of XXXX compensation for moral damage in the amount of XXXXXX rubles; the responsibility for the execution of the decision should be assigned to the Ministry of Finance of the Russian Federation.
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jurisdiction…

Question for a lawyer:

Lawyer's answer to the question: illegal detention
I would not recommend rushing, but waiting at least a year. Reasons only for personal meeting.
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HOW TO FILE A CLAIM FOR ILLEGAL CONTENT IN DETENTION WAS HELD FOR 7 DAYS IN THE OVD WITHOUT AUTHORIZATION FOR ARREST IN TERRIBLE...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Hello Dmitry, the first stage of preparing a statement of claim is to familiarize yourself with all the documents. From practice, I will say that it is possible to recover, but do not count on “generosity” from the authorities.
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What should I do to receive compensation for illegal detention?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
Hello. Filing an application to the court.

If you need help, please contact us.
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Please let me know if there is a certain amount established in Russia to be paid in the future for 1 day of illegal detention...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
This amount has not been established.

However, your optimism aimed at rehabilitation is definitely encouraging!!!
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Is there a legal difference in the termination of a criminal case based on the statute of limitations at the investigation stage or in court?...

Question for a lawyer:

Lawyer's answer to the question: illegal detention
There is no difference, however, you are exempt from criminal liability on non-rehabilitative grounds, i.e. found guilty.

Termination on rehabilitative grounds only pp. 1-2.
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And what documents are required from the buyer to return the part?... Question to the lawyer: Lawyer's answer to the question: return from the buyer You can send it for examination if you are ready to pay for it. Yes...

Can I defend my honor and dignity in court and what are the prospects for a positive outcome?... Question to a lawyer: Lawyer's answer to the question: defending honor and dignity in court Do you have rights...

Good day, they want to fine me for driving a moped without a license, but there is no training system for category M, what should I do?... Question to a lawyer: Lawyer's answer to the question: riding a moped without a license Oh...

Forget about compensation?... Question to the lawyer: Lawyer's answer to the question: delivery to the police Appeal the decision to the prosecutor. Moral damage is also included in the damage caused by hooliganism by breaking...

In what type of correctional colony should he serve his sentence?... Question to a lawyer: Lawyer's answer to the question: correctional labor as a type of punishment In a general correctional colony...

SUPREME COURT OF THE KARACHAY-CHERKASSIAN REPUBLIC

APPEAL DECISION

Judge Kopsergenov V.A.
Judicial Collegium for Civil Cases of the Supreme Court of the Karachay-Cherkess Republic, consisting of:
presiding Dubovtseva A.N.
judges: Sych O.A., Karasova N.Kh.
with secretary K.
considered in open court a civil case regarding A.’s statement of claim to the Ministry of Finance of the Russian Federation for compensation for moral damage caused as a result of illegal criminal prosecution
on the appeal of A. against the decision of the Cherkessk City Court of the Karachay-Cherkess Republic of July 23, 2012.
Having heard the report of the judge of the Supreme Court of the Karachay-Cherkess Republic A.N. Dubovtseva, the explanations of A., and the representative of the Ministry of Finance of the Russian Federation B., the judicial panel found:

A. filed a lawsuit against the Ministry of Finance of the Russian Federation for compensation for moral damage caused by unlawful prosecution and detention for more than 10 months, in the amount of rubles.

A. motivated his claims by the fact that the preliminary investigation authorities had brought him to criminal responsibility; he was charged with committing crimes under Part 1 of Art. 232 and part 1 of Art. 228.1 of the Criminal Code of the Russian Federation.

By the verdict of the Cherkessk City Court of the Karachay-Cherkess Republic of October 25, 2011, he was acquitted of charges of committing a crime under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation, due to the absence of corpus delicti in his act. The verdict was not appealed and entered into legal force.

In this criminal case, A. was chosen as a preventive measure in the form of detention. From December 9, 2010 to October 25, 2011, the plaintiff was kept in FKU SIZO-1 of the Federal Penitentiary Service of Russia for the Karachay-Cherkess Republic.

Due to illegal detention, the plaintiff was significantly limited in the right to free movement, choice of place of residence and work. During this time, he lost his family, the attitude of his acquaintances and neighbors towards him changed for the worse. During his stay in the pre-trial detention center, A. fell ill with tuberculosis.

By the decision of the Cherkessk City Court dated July 23, 2012, A.’s claims were partially satisfied, and rubles were recovered from the Ministry of Finance of the Russian Federation at the expense of the treasury of the Russian Federation in favor of the plaintiff as compensation for moral damage caused by illegal prosecution.

Plaintiff A. filed an appeal against this decision, in which he asks to change the decision of the Cherkessk City Court of July 23, 2012 in terms of determining the amount of compensation for moral damage, collecting rubles in his favor. According to the plaintiff, the court did not fully take into account the degree of moral and physical suffering suffered by the plaintiff in connection with illegal detention. The complaint also contains arguments similar to those in the statement of claim.

In his objections to the appeal, the representative of the defendant indicated that he considers the decision of the Cherkessk City Court of July 23, 2012 legal and justified and asks that it be left unchanged and the appeal not satisfied.

At the hearing of the appellate court, A. supported the arguments of the appeal and asked to satisfy it.

The representative of the defendant B. asked the decision of the first instance court to be left unchanged.

Having checked the case materials, discussed the arguments of the appeal, and listened to the explanations of the persons involved in the case, the judicial panel comes to the following conclusion.

By virtue of paragraph 1 of Art. 1070 of the Civil Code of the Russian Federation, harm caused to a citizen as a result of illegal prosecution, illegal use of detention or a written undertaking not to leave as a preventive measure is compensated at the expense of the treasury of the Russian Federation in full, regardless of the guilt of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law. In these cases, the relevant financial authority acts on behalf of the treasury of the Russian Federation (Article 1071 of the Civil Code of the Russian Federation).

In accordance with Art. 1100 of the Civil Code of the Russian Federation, compensation for moral damage is carried out regardless of the guilt of the harm-doer in cases where harm is caused to a citizen as a result of his illegal prosecution, illegal use of detention or a written undertaking not to leave as a preventive measure.

Compensation for moral damage is carried out in monetary form. The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused to the victim. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account (Article 1101 of the Civil Code of the Russian Federation).

In paragraphs 20 - 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 29, 2011 N 17 (as amended on February 9, 2012) “On the practice of application by courts of the norms of Chapter 18 of the Criminal Procedure Code of the Russian Federation, regulating rehabilitation in criminal proceedings,” it is explained, that claims for compensation for moral damage in monetary terms in accordance with Art. 136 of the Code of Criminal Procedure of the Russian Federation are presented in civil proceedings. When determining the amount of monetary compensation for moral damage to a rehabilitated court, it is necessary to take into account the degree and nature of physical and moral suffering associated with the individual characteristics of the person who suffered harm, other circumstances worthy of attention, including the duration of the proceedings, the duration and conditions of detention, the type of correctional institution , in which the person served his sentence, and other circumstances that are important in determining the amount of compensation for moral damage, as well as the requirements of reasonableness and fairness. The reasons for the decision to compensate for moral damage must be indicated in the court decision.

According to the explanation set out in paragraph 14 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation, the Ministry of Finance of the Russian Federation is involved as a defendant in cases of claims of rehabilitated persons for compensation for property damage on behalf of the treasury of the Russian Federation. The interests of the Ministry of Finance of the Russian Federation are represented in courts by power of attorney (with the right of substitution) by the departments of the Federal Treasury for the constituent entities of the Russian Federation.

As can be seen from the case materials, on December 9, 2010, on the basis of a decision of the Cherkessk City Court in relation to A., accused of committing crimes under Part 1 of Art. 232 and part 1 of Art. 228.1 of the Criminal Code of the Russian Federation, a preventive measure was chosen in the form of detention (case sheet 32 ​​- 33).

Subsequently, according to the materials of the criminal case, the period of detention was repeatedly extended both at the stage of preliminary investigation and during the trial of this criminal case.

By the verdict of the Cherkessk City Court of the Karachay-Cherkess Republic dated October 25, 2011, A. was convicted of committing a crime under Part 1 of Art. 232 of the Criminal Code of the Russian Federation, to two years of suspended imprisonment with a probationary period of one year and acquitted of charges of committing a crime under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation, on the basis of clause 3, part 2, art. 302 of the Code of Criminal Procedure of the Russian Federation for the absence of corpus delicti in the defendant’s act. This verdict recognized A.'s right to partial rehabilitation in accordance with Chapter 18 of the Code of Criminal Procedure of the Russian Federation (case sheets 37 - 55).

By virtue of Art. 136 of the Code of Criminal Procedure of the Russian Federation, the right to rehabilitation includes compensation for moral damage in monetary terms.

A. filed a claim with the Cherkessk City Court against the Ministry of Finance of the Russian Federation to recover compensation for moral damage in the amount of rubles caused by illegal criminal prosecution.

Resolving the stated claims, the court of first instance came to a reasonable conclusion about the need to recover compensation for moral damage in favor of A., since the fact of illegal criminal prosecution against the plaintiff was established, his right to rehabilitation was recognized, which is the basis for compensation by the state for the damage caused.

The argument set out in the plaintiff’s appeal about the unreasonably low amount of the awarded compensation, which does not correspond to the nature and extent of moral suffering, is recognized by the judicial panel as untenable for the following reasons.

By virtue of clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues of application of legislation on compensation for moral damage" dated December 20, 1994 N 10 (as amended on February 6, 2007), the amount of compensation depends on the nature and extent of damage caused to the plaintiff moral or physical suffering, the degree of guilt of the defendant in each specific case, and other circumstances worthy of attention. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account. The degree of moral or physical suffering is assessed by the court, taking into account the actual circumstances of the infliction of moral harm, the individual characteristics of the victim and other specific circumstances indicating the severity of the suffering he suffered.

When determining the amount of compensation for moral damage, the court took into account the duration of the criminal proceedings, the severity of the charges brought against the plaintiff and the extent of the consequences that occurred for him and established the amount of compensation - RUB.

The panel of judges believes that when determining the amount of compensation for moral damage, the court took into account the circumstances established by the materials - A. indeed, in the period from October 9, 2010 until the sentencing on October 25, 2011, he was detained in connection with the charges brought against him for committing crimes under Part . 1 tbsp. 228.1 and part 1 of Art. 232 of the Criminal Code of the Russian Federation, which belong to the category of grave and moderate crimes.

Moreover, for the crime provided for in Part 1 of Art. 232 of the Criminal Code of the Russian Federation, A. was sentenced to a suspended sentence.

Unreasonably, the plaintiff was charged with a serious crime, the maximum punishment for which is provided for by the sanction of Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation in the form of imprisonment for a term of four to eight years with or without restriction of freedom for a term of up to one year.

When determining the amount of compensation for moral damage, the court of first instance took into account that A. had previously been prosecuted for similar crimes against public health and public morality - by the verdict of the Cherkessk City Court of September 30, 2005, the plaintiff was convicted under Part 1 of Art. 228 of the Criminal Code of the Russian Federation to a suspended sentence, by the verdict of the same court dated January 30, 2006, he was convicted under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation with the addition of the punishment under the previous sentence to 5 years and 6 months of imprisonment to be served in a maximum security correctional colony and was released on parole on October 14, 2008 by the Kursk District Court of the Stavropol Territory.

The court of first instance also took into account that the plaintiff’s arguments that during his stay in the pre-trial detention center he fell ill with tuberculosis were not confirmed in court - A. had this disease before.

Thus, there is no reason to believe that the amount recovered by the court of first instance is underestimated; the plaintiff was awarded compensation for moral damage in the amount of RUB. meets the principle of reasonableness and fairness, taking into account the specific circumstances of the case and the degree of moral suffering of the plaintiff.

The legal relations of the parties within the framework of the stated requirements and the law to be applied were determined by the court correctly, circumstances of legal significance were established on the basis of the evidence obtained in the case, which was assessed in accordance with Art. 67 of the Code of Civil Procedure of the Russian Federation, in connection with which the arguments of the appeal cannot influence the content of the decision made by the court, the correctness of the court’s determination of the rights and obligations of the parties within the framework of controversial legal relations, do not indicate the existence of the provisions provided for in Art. 330 of the Code of Civil Procedure of the Russian Federation grounds for the reversal of a judicial decision.

Guided by Art. Art. 328, 329 of the Code of Civil Procedure of the Russian Federation, the judicial panel determined:

The decision of the Cherkessk City Court of the Karachay-Cherkess Republic of July 23, 2012 was left unchanged, and A.’s appeal was not satisfied.

Civil

Essence of the dispute: Claims for damages and compensation for moral damage caused by improper conditions of detention, not related to illegal actions (inaction) of the bodies of inquiry, investigation, prosecutor's office and court

Case No. 2 -441/2013

SOLUTION

In the name of the Russian Federation

Karachayevsky District Court of the Karachay-Cherkess Republic composed of:

presiding judge Taushunaev B.M.,

with the secretary of the court session Aliyeva D.V.,

with the participation of the representative of the plaintiff Achabaeva S.S.M., participating in the case by power of attorney No. dated DD.MM.YYYY,

representative of the Ministry of Finance of the Russian Federation L.M. Bayramukova, acting under power of attorney No. dated DD.MM.YYYY for a period up to DD.MM.YYYY, issued by the head of the Federal Treasury Department for the Karachay-Cherkess Republic I.S. Katchiev. by way of delegation on behalf of the Minister of Finance of the Russian Federation A.G. Siluanov,

Assistant Prosecutor of the Karachay District Prosecutor's Office Khubiev B.O.,

Having considered in open court on the premises of the Karachaevsky District Court a civil case based on the claim of Uzdenov A.A. to about compensation for moral damage caused as a result of illegal prosecution and detention,

U S T A N O V I L:

Uzdenov A.A. filed a claim in court for compensation for moral damage caused as a result of his illegal prosecution and detention, citing the following circumstances.

DD.MM.YYYY, the investigator for the internal affairs department of the investigative department of the Investigative Directorate of the Investigative Committee under the Prosecutor's Office of the Russian Federation initiated criminal case No. against the Novozhilovs D.O. on the grounds of a crime under Part 4 of Art. .

DD.MM.YYYY as a suspect in this case in Uzdenov A.A. was detained and taken to the investigative department of the Investigative Department of the Investigative Committee under the Prosecutor's Office of the Russian Federation, where investigator Novozhilov D.O. drew up a protocol of his detention in accordance with Art. 90-91 Code of Criminal Procedure of the Russian Federation.

On the same day he was sent to the temporary detention center at the Internal Affairs Directorate, where he was kept from DD.MM.YYYY to DD.MM.YYYY.

DD.MM.YYYY The Gatchina City Court chose detention in custody as a preventive measure against him.

DD.MM.YYYY, the investigator for the internal affairs department of the investigative department of the Investigative Directorate of the Investigative Committee under the RF Prosecutor's Office for Novozhilov D.O., in violation of the requirements of the Code of Criminal Procedure of the Russian Federation, charged him with committing a crime under Part 4 of Art. . The Gatchina City Court, by its resolution dated DD.MM.YYYY, recognized the indicated actions of the investigator as illegal.

The criminal case was withdrawn from the proceedings of the investigative department of the Investigative Directorate of the Investigative Committee under the Prosecutor's Office of the Russian Federation and transferred to the investigative department, and then was transferred to the department for the investigation of economic and corruption crimes of the Investigative Directorate of the Investigative Committee under the Prosecutor's Office of the Russian Federation. His period of detention was repeatedly extended by the Moscow District Court. His cassation appeals to extend the period of detention remained unsatisfied. In total, he was detained for six months: from DD.MM.YYYY to DD.MM.YYYY, initially in an institution and subsequently in an institution

DD.MM.YYYY Uzdenova A.A. a preventive measure was chosen in the form of a recognizance not to leave the place, and he continued to remain in the status of an accused.

DD.MM.YYYY, the investigator for the Department of Internal Affairs of the Department for Investigation of Economic and Corruption Crimes of the Investigative Directorate of the Investigative Committee under the Prosecutor's Office of the Russian Federation for Osipkin A.V. issued a resolution to terminate the criminal prosecution against him due to the lack of corpus delicti in his actions (clause 2 part 1 article 24 of the Code of Criminal Procedure of the Russian Federation).

The said resolution in relation to Uzdenov A.A. the preventive measure of not leaving the place was abolished and the right to rehabilitation and compensation for harm associated with criminal prosecution was clarified.

From the moment of his arrest, he tried to explain to the operatives and investigator D.O. Novozhilov that he had nothing to do with this crime or any other crimes.

He constantly declared his innocence of the act accused of him / fraud / and about the legal actions on his part when assuming the position of general director of LLC “Name of the Organization”.

Throughout the preliminary investigation, he and his lawyers repeatedly sent complaints to both the prosecutor and the prosecutor, as well as to the prosecutor's office. Their arguments about his innocence and requests for the need to objectively assess all the factual circumstances, terminate criminal prosecution against him, and cancel the illegally chosen preventive measure in the form of detention were not taken into account.

From the moment of his arrest as a suspect, investigator Novozhilov D.O. exerted a strong psychological influence on him, promising to provide assistance in court in choosing a preventive measure if he agreed to give the “necessary” testimony. Having not received his consent to admit guilt and cooperate with B.A., previously convicted of raider seizure of Shengelia, DD.MM.YYYY Novozhilov petitioned the court to choose a preventive measure in the form of detention. The court postponed the decision to provide the missing documents, including those characterizing his personality.

DD.MM.YYYY Novozhilov D.O. provided the judge with a description allegedly received from his place of residence and sent to him by fax. From the description signed by some local police officer of the Tosnensky Department of Internal Affairs, it followed that he had a negative character at his place of residence and had comments from his neighbors. He and his defense attorney objected to this description and explained to the court that the information contained in it did not correspond to reality, and the signature of the local police officer was not readable on the facsimile sheet. However, the court accepted this characteristic and took it into account when deciding on the choice of a preventive measure, arresting him for the period of the investigation.

Throughout the entire period of the criminal case, he was required to give up his lawyer N.N. Zhirnova, in exchange for improving his situation. Such demands on the part of the investigator violated his constitutional rights to defense and to choose a defense lawyer.

In the period from April to June 2009, when the Gatchina City Court was considering the complaint of lawyer N. N. Zhirnova in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation against the illegal actions of investigator Novozhilov when charging him with DD.MM.YYYY, the court received copies of some procedural documents from the criminal case No. From the presented copies it was obvious that investigator Novozhilov D.O. he added the texts of the interrogation protocols with his own hands to hide his professional mistakes.

By the resolution of the Gatchina City Court dated DD.MM.YYYY, the actions of investigator Novozhilov in bringing charges against him were declared illegal due to the investigator’s violation of the right to defense and due to the failure to provide him with a defense lawyer under the agreement, who had already represented his interests.

DD.MM.YYYY by cassation ruling of the Leningrad Regional Court, the specified resolution from DD.MM.YYYY was left unchanged.

In connection with his position and the active position of his defenders, the preventive measure was changed for him DD.MM.YYYY to a written undertaking not to leave the place, but for another four months he remained in the status of an accused, he could not travel abroad on his own, in particular in order to settle problems with employer. His civil rights were limited by the preventive measure and the ongoing investigation.

The methods by which the employees of the Department of Internal Affairs and the investigator for the Department of Internal Affairs of the Investigative Department of the Investigative Directorate of the Investigative Committee under the Prosecutor's Office of the Russian Federation for D. O. Novozhilov tried to extract confessions from him violated not only his constitutional rights as a detainee and accused, but also universal moral norms.

The need to constantly prove his innocence caused him deep moral suffering, since this situation violated the constitutional principle of the presumption of innocence on the part of the investigative authorities and the prosecutor's office.

His arguments and arguments, numerous complaints from his lawyers to various authorities about the unfoundedness of this arrest and the lack of evidence of the accusation were not taken into account by prosecutors at all levels. This left him with a feeling of helplessness and disbelief in the fairness of justice and law enforcement agencies. Due to this, he was in a constant state of depression.

His stay in the pre-trial detention center is practically in prison conditions, in overcrowded cells, in the absence of sufficient access to fresh air, limited movement, inability to communicate with relatives - with his mother, sister and uncle living in, for whom he has recently been a support and financial support , constantly worsened his psychological and physical condition. He felt guilty before them.

While in custody, going to trials and investigative actions, each time I had to go through search procedures, during which each time I had to undress in the presence of FSIN officers, which was extremely humiliating. Being a follower of traditional Islam, he could not afford this even in the presence of men, let alone women, which also happened.

When brought to court, or during investigative actions from the pre-trial detention center, he, together with other people leaving, had to spend almost a day in storage cells measuring 2.5 X 3.15 meters. From 15 to 20 people were kept in such cells. During these days they were fed only dried bread and water, since it was not possible to provide prison food in dishes.

A month and a half after his detention, his only grandmother, his mother’s mother, died. His relatives had to hide this fact from him and his family in order to protect us from additional worries, since we would not be able to leave and go to the funeral.

His relatives were forced to stand in long lines at the investigative authorities in order to give him food and clothing parcels. Instead of receiving material assistance and moral support from him, they spent their modest funds and personal time in order to support him in the pre-trial detention center.

In order to pay for the services of lawyers who could resist threats and selflessly defend his legitimate interests despite all its complexity, his relatives had to humiliate themselves and ask representatives of the Karachay-Balkarian diaspora for help.

Since the criminal case was clearly ordered, during the preliminary investigation the media, including on the Internet, disseminated information about him, calling him a “raider,” discrediting him in the eyes of his relatives and friends. The public outcry was significantly aggravated by the fact that the case constantly mentioned a well-known person previously convicted of raider takeover.

By the resolution of the Investigator for the Department of Internal Affairs of the Department for Investigation of Economic and Corruption Crimes of the Investigative Directorate of the Investigative Committee under the Prosecutor's Office of the Russian Federation dated DD.MM.YYYY, criminal prosecution against Uzdenov A.A. terminated due to the absence of signs of a crime under Art. .

The same Resolution for Uzdenov A.A. The right to rehabilitation was recognized on the basis of Art. 134 Code of Criminal Procedure of the Russian Federation.

In this connection, Uzdenov A.A. filed a claim with the Karachayevsky District Court of the Karachay-Cherkess Republic to recover compensation for moral damage caused as a result of an illegal accusation.

In the statement of claim, the plaintiff asks the court to recover 1,000,000 rubles from the treasury of the Russian Federation for illegal prosecution.

The Federal Treasury Department for the Karachay-Cherkess Republic, which represents interests in the courts on the territory of the Karachay-Cherkess Republic, believes that the claims cannot be satisfied for the following reasons.

In the statement of claim, the plaintiff indicates that DD.MM.YYYY the city court of Gatchina chose a preventive measure against him in the form of detention, while he was illegally detained for six months from DD.MM.YYYY to DD.MM.YYYY, and DD.MM.YYYY a preventive measure was chosen for him in the form of a written undertaking not to leave. The plaintiff also points out that while he was in custody, his health condition worsened. Due to the illegal prosecution of him, his close relatives also suffered morally and physically; in addition, he experienced enormous moral suffering and suffered enormous moral harm. However, information that the plaintiff filed a complaint or statement of claim for the protection of honor, dignity and business reputation against the actions of those officials who, in his opinion, caused him moral harm is not reflected in the case materials.

When proving moral harm in the form of physical suffering, it is necessary to present to the court evidence that this particular person experienced such severe physical pain that only a specific amount of money can compensate for it. The court must take into account the individual characteristics of a particular person, so the plaintiff’s task is to prove that his threshold of sensitivity does not allow him to painlessly survive the circumstances to which he refers in support of his claims.

In accordance with paragraph 2 of the same article, the amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused to the victim, as well as the degree of guilt of the harm-doer in cases where guilt is the basis for compensation for harm. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account.

The nature of physical or moral suffering is assessed by the court, taking into account the factual circumstances in which moral harm was caused and the individual characteristics of the victim.

When determining the amount of compensation for moral damage, the court takes into account that Uzdenov A.A. for a long time, for six months, he was illegally detained. Everything that happened to the plaintiff during this period humiliated his honor and dignity, and became known to a wide circle of relatives, friends and fellow villagers. All this reflected a negative attitude from those around him (the plaintiff), his relatives, as well as the plaintiff’s mother. Moral suffering became a cause of additional stress for him and a deterioration in his general well-being. The plaintiff, deeply worried about the current situation, worried about the state of his mother’s health, was deprived of the opportunity to alleviate her suffering, as well as the experiences of people close to him. The fact that Uzdenov A.A. suffered physical and moral suffering, which is confirmed by the very fact of detention and detention in a temporary detention center, which is the basis for compensation for moral damage, regardless of the guilt of the harm-doer.

According to the ruling of the Constitutional Court of the Russian Federation dated December 4, 2003. No. 440-O in accordance with clause 1 of Art. Section IV. Certain types of obligations > Chapter 59. Obligations resulting from harm > § 1. General provisions on compensation for harm > Article 1070. Liability for harm caused by illegal actions of the bodies of inquiry, preliminary investigation, prosecutor's office and court" target="_blank">1070 Civil Code of the Russian Federation in its constitutional and legal interpretation, harm caused to a citizen as a result of illegal detention as a suspect is subject to compensation from the treasury in full, regardless of the guilt of officials of the preliminary investigation bodies and the prosecutor's office.

Under such circumstances, the court comes to the conclusion that the plaintiff’s claims for compensation for moral damage are justified and are subject to partial satisfaction.

Taking into account the specific circumstances of the case, the nature of the moral suffering caused to the plaintiff, the principles of reasonableness and justice, the degree of moral suffering of the plaintiff, the court determines the amount of compensation for moral damage to the plaintiff A.A. Uzdenov. in the amount of 100,000 rubles.

In accordance with the Regulations on the Ministry of Finance of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 984 dated August 19, 1994, as well as in accordance with the determination of the judicial panel for civil cases of the Supreme Court of the Russian Federation dated December 3, 1998 No. 25-V98PR-25, the appropriate defendant in cases of illegal prosecution and detention is the Ministry of Finance of the Russian Federation.

Thus, having assessed the evidence collected in the case in its entirety, the court comes to the conclusion that it should be recovered in favor of A.A. Uzdenov from the treasury of the Russian Federation. in compensation for moral damage of 100,000 rubles, the rest of the claim should be rejected.

DECIDED:

Claims of Uzdenova A.A. to compensation for moral damage caused as a result of unlawful prosecution and detention, partially satisfy.

To recover from the treasury of the Russian Federation in favor of A.A. Uzdenov. in compensation for moral damage 100,000 (one hundred thousand) rubles.

The collected amount should be transferred to Uzdenova A.A., DD.MM.YYYY, to account No. opened in the Karachay-Cherkess branch No. of the North Caucasus Bank OJSC “Name of the Bank”.

The decision can be appealed to the Supreme Court of the Karachay-Cherkess Republic through the Karachayevsky District Court on appeal within thirty days from the date of its adoption in a reasoned form.

Typed by hand in the meeting room.

Chairman: B.M. Taushunaev

Court:

Karachayevsky District Court (Karachay-Cherkess Republic)

Plaintiffs:

Uzdenov A.A.

Defendants:

Ministry of Finance of the Russian Federation represented by the Federal Treasury Department for the Karachay-Cherkess Republic

Judges of the case:

Taushunaev Bilyal Mussaevich (judge)

Judicial practice on:

Moral damage and its compensation, compensation for moral damage

Judicial practice on the application of Art. 151, 1100 Civil Code of the Russian Federation

For fraud

Judicial practice on the application of Art. 159 of the Criminal Code of the Russian Federation

For 1 month of illegal detention, you can count on compensation of 9 thousand 300 rubles. This amount of compensation for moral damage from being in prison was supported by the Supreme Court of the Russian Federation.

However, according to experts, the state underestimates the amount of compensation due to the growing number of people applying for them. In practice, there are cases when, in response to a demand for compensation, a criminal case was again initiated against an acquitted person.

A resident of Troitsk, Chelyabinsk region, Igor Velichkov spent 2 years and 8 months in a pre-trial detention center on charges of murder, which he did not commit. Twice the Troitsk City Court sentenced him to 11 years in prison, and both times the Chelyabinsk Regional Court overturned the sentence due to the defendant’s innocence.

Velichkov was released in March 2010, after which the acquitted man filed a claim for compensation for material and moral damage. Velichkov estimated material damage (lost wages) at 668 thousand rubles, moral damage at 3 million 500 thousand rubles. However, the Troitsk City Court reduced the amount of compensation for material damage to 642 thousand rubles, and the amount of moral damage to 200 thousand rubles. Velichkov appealed the decision to the Chelyabinsk Regional Court and achieved an increase in compensation for moral damage to 300 thousand rubles. Assessing that this was not enough, Velichkov filed a complaint with the RF Armed Forces. But the Supreme Court of the Russian Federation left the decision of the Chelyabinsk Regional Court unchanged.

The current legislation of the Russian Federation leaves the amount of compensation for moral damage at the discretion of the judge, who, according to the Civil Code of the Russian Federation, must “take into account the requirements of reasonableness and fairness.” It should be noted that the European Court of Human Rights, in similar cases, awarded compensation to Russians an order of magnitude greater than what was awarded to Velichkov.

In the Russian Federation, for 1 year spent illegally in custody, it was previously customary to pay from 250 to 400 thousand rubles, or 1 thousand rubles. per day. However, in 2010 The Ministry of Finance of the Russian Federation opposed this practice, since the bill for satisfied claims amounted to thousands, and the amounts of declared compensation amounted to hundreds of billions of rubles. Therefore, in 2011 courts began to underestimate the amount of compensation payments.

From law enforcement practice: if a criminal case is closed at the investigation stage and a citizen demands compensation, the case can be reopened, since prosecutors are tasked with checking the legality of closing cases if claims for compensation for moral damage are filed. As a result, refusal to file a claim became part of the bargain with justice. There are cases where those who filed claims for compensation for moral damage went back to prison and were sentenced to a real prison term.

At the same time, even the RF Armed Forces often refuse compensation to those unjustly convicted. So, in June 2011 The cassation board of the RF Supreme Court confirmed an earlier decision of the RF Supreme Court, which denied compensation for judicial red tape to the former judge of the Primorsky Court of St. Petersburg, Vladimir Kazakov, who since February 6, 2007. was detained on charges of murder and only on April 14, 2010. was acquitted and released.

In April 2011 The cassation board of the RF Supreme Court confirmed the decision of the RF Supreme Court, according to which citizen Kapralov was denied compensation for violation of his right to legal proceedings within a reasonable time. Kapralov was sentenced to 15.5 years for robbery, and the proceedings lasted about 4 years. The jury unanimously found the defendant not guilty 4 times, but these decisions were overturned until a guilty verdict followed on the 5th time.

It should be noted that the official of the Ministry of Finance of the Russian Federation, who represented the interests of the state in the Supreme Court of the Russian Federation, did not object to the award of compensation in accordance with the practice of the ECHR.