The legislative framework The Russian Federation is aimed at protecting not only the lives and rights of citizens, but also their property. Articles of the Criminal Code and the Code of Administrative Offenses provide for punishment for intentional and unintentional damage to property. The type and amount of punishment depends on what property was damaged, by whom and in what situation. The age of the offender also plays an important role, since responsibility for damage to property generally begins at the age of 16.

How does the law work?

Damage to property means unintentional or intentional causing harm to someone else's property, which has value and material expression.

At the same time, it is important to know the difference between the main terms used when considering this type of case - damage and destruction of a thing:

• If damaged, a thing loses its properties to one degree or another and becomes partially unsuitable for use for its intended purpose.
• When destroyed, it becomes completely unsuitable for further use.

According to legal norms, a citizen or organization whose property was damaged is recognized as a victim and has the right to file a lawsuit for compensation for damage and a statement to the police demanding that the offender be brought to justice in accordance with the Criminal Code of the Russian Federation.

Criminal Code and Code of Administrative Offenses

Damage to property falls under article of the Code of Administrative Offenses and several articles of the Criminal Code of the Russian Federation, depending on whether the criminal had the appropriate intent.

Code of Administrative Offenses

According to the Code of Administrative Offenses of the Russian Federation, Article 7.17 applies to the violator - intentional damage property. Important nuance is that the damage should be insignificant, and in monetary equivalent– no more than 2,500 rubles.

If the offenders are children under 14 years of age, then the parents are responsible for their actions. Additionally, police officers draw up a protocol on article of the Code of Administrative Offenses 5.35, which imposes punishment for parents’ failure to fulfill their responsibilities for raising children. Next, the paper is handed over to the commission for minors, and in some cases the children are registered with the ODN.

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The Criminal Code of the Russian Federation provides for the application of the following articles:

• In case of intentional damage, the offender is liable under Article 167 of the Criminal Code of the Russian Federation. Intent in in this case consists of the desire to harm someone else's property. For this article it is important to comply next condition– the amount of damage caused due to damage to property is at least 2,500 rubles.

  This article has 2 parts. The first one is used when applying significant damage, and the second - in the case of arson or the use of explosives or in the case of death that occurred as a result of damage to property.

• In case of damage to property due to negligence, Article 168 of the Criminal Code of the Russian Federation is applied. Often this article applies when property is damaged when using sources increased danger. For example, smoking a cigarette at a gas station led to an explosion. Applies if the amount of damage is from 250,000 rubles.
• Article 214 applies to damage state property. This includes damage to a monument, public transport, buildings (for example, painting walls). Speaking in simple language, this article punishes for vandalism.

At what age is liability required?

Exist age restrictions for persons who may be responsible for this offense:

• Articles 167 (part 1) and 168 of the Criminal Code of the Russian Federation, as well as 7.17 of the Code of Administrative Offences, provide for liability from the age of 16.
• Articles 167 (Part 2) and 214 of the Criminal Code of the Russian Federation provide for liability from the age of 14.

If the offenders are between 14 and 18 years old, they must independently compensate for the damage, but if they do not have the means, their parents will compensate for it.

If the offender is under 14 years of age, then the parents are responsible for his actions.

Punishment for damage to property

It is determined depending on which article the case is under:

1. According to Article 7.17 of the Code of Administrative Offenses the offender will be required to pay a fine ranging from 300 to 500 rubles.

2. According to Article 167, part 1:

• Fine up to 40,000 rubles or three months’ income.
• Compulsory or corrective labor lasting up to 360 hours or up to a year, respectively.
• In case of special application major damage– arrest for up to 2 years.

3. According to Article 167, part 2– up to 5 years of imprisonment.

4. Article 168 of the Criminal Code of the Russian Federation provides:

• Payment of a fine of up to 120,000 rubles.
• Arrest for up to 1 year. It is used only in particularly serious cases.

5. According to Article 214 of the Criminal Code of the Russian Federation:

• If the offender acted alone - up to 3 months of arrest.
• If the property was damaged due to racial, political or ideological views, the culprit faces imprisonment for up to 3 years.

In addition, regardless of the applicable article, the violator is obliged to pay the victim the amount of damage caused.

Actions of the victim

If a private person is injured, then two things must be done:

• Contact the police with a demand to bring the culprit to justice in accordance with the Criminal Code of the Russian Federation and the Code of Administrative Offences. To do this, you need to fill out an application.
• File a lawsuit. It must be filed at the defendant's place of residence. If the amount of damage is less than 50,000 rubles, the case is considered by a magistrate, in otherwise the application is submitted to the district court.

In case of damage to state property, as well as in a number of other situations, for example, or damage to hotel property, the police draw up an offense report, and the case is subsequently considered by a judge.

Property damage statement

A statement to the police can be drawn up both at home and at the police station itself with the direct assistance of the duty officer or district police officer. It is advisable to submit the application on A4 paper.

The document states:

1. A hat that says:

• the name of the department to which the application is being submitted;
• FULL NAME. head of department;
• branch address and index;
• FULL NAME. the applicant;
• registration and residence address with postal code;
• contact phone number.

2. In the center is the title of the document.

3. The main text, which indicates the circumstances of damage to property and the amount of damage. It is necessary to briefly, but at the same time describe in detail all the circumstances of the crime.

4. Provide information about the alleged criminal and evidence of their guilt. Both specific individuals and a circle of suspects can be identified.

5. At the end the following sentence is written “On responsibility for knowingly false denunciation I know under Article 306 of the Criminal Code of the Russian Federation.” The wording is standard and mandatory.

6. List applications and evidence according to this case. This could be a photo, receipts confirming the value of the property.

7. The date of compilation and signature are placed at the bottom.

The second step will be filing a claim in court, which will help to recover from the culprit the amount of damage caused. material damage. It is also compiled on A4 paper.

The claim is drawn up as follows:

1. A header indicating:

• details of the court where the claim is filed;
• information about the plaintiff - full name, date of birth, passport details, registration address;
• information about the defendant that you know.

2. The name of the document is written in the center.

3. The main text, which indicates the situation that caused the appeal and the grounds for filing a claim. In this case, damage to property.

4. The amount of damage caused to you and a request to recover this amount from the defendant.

5. List of papers attached to the case.

6. Date of compilation and signature of the compiler with transcript.

Damage Act

The document is drawn up either by the police, if we're talking about about property on the balance sheet of the municipality, or responsible persons, which include the owners of an enterprise or hotel, representatives from housing and communal services.

When drawing up the act, the culprit and the victim must be present.

The document is drawn up in free form, but it must contain a number of mandatory details:

• Date of compilation.
• Indication of the damaged property.
• Place of compilation.
• Composition of the commission.
• Victim details.
• Details of the culprit of the incident. Indicated if known.
• Conclusions of the inspection.

The paper is drawn up in three copies: one remains with the injured party, the second with the culprit, and the third with the responsible person.

Since apartment flooding reports are most often drawn up, we suggest you familiarize yourself with a sample apartment flooding report.

Video: Deliberate damage to property

We suggest that you familiarize yourself in more detail with the provisions of Article 167 of the Criminal Code of the Russian Federation by viewing short video. It describes in what situations liability arises and what exactly the culprit may face:

Damaging property that does not belong to you is a serious offense that can lead not only to compensation for the damage to the victim, but also to criminal liability - payment of a fine or imprisonment.

Provides general conditions for liability for damage. Consequently, for any obligation to arise from causing harm, the presence of all those named in the said article Civil Code of Conditions. And only in cases established by law, some other conditions must be taken into account.

General conditions include: occurrence of harm; illegality of the behavior of the harm-doer; causal relationship between illegal behavior and harm; the fault of the harm-doer.

Harm is any derogation (reduction) of the personal or property benefit of the victim protected by law.

Harm caused to a person may consist in derogation of the honor and dignity of the victim or in a decrease in his ability to work due to illness or injury, misappropriation certain person authorship of the victim for the invention, etc.

Property damage involves infringement of property belonging to the victim property benefits. With such harm, negative consequences (losses) occur in the property sphere of the victim.

Property damage- This is harm expressed in a monetary amount. Damage not expressed in the form of losses is not subject to recovery. Consequently, not all negative consequences are subject to compensation, but only those that occurred in the property sphere of the victim. In cases established by law, it may be recovered moral injury.

Art. 1064 part 2 of the Civil Code of the Russian Federation, establishing liability for harm caused to a person or his property, does not mean different options harm, and oh various types goods that are damaged. The fact is that the concept of harm cannot be one in relation to harm caused to a person, and another in relation to harm caused to property. Thus, the concept of harm is unambiguous in any case. By establishing the rule on the volume, nature and amount of compensation for damage, the legislator has in mind the possibility of recovering damages both in the form of expenses incurred and lost income. According to Art. 1083 part 2 of the Civil Code of the Russian Federation, the court has the right to reduce the amount of compensation for damage caused by a citizen, depending on his property status. Consequently, we can only talk about a decrease, but not about complete liberation the causer of harm from compensation. In the case where the harm was caused by actions committed intentionally, the court does not have the right to reduce the amount of compensation for harm.

The illegality of behavior consists in the fact that the harm-doer commits certain actions or, in some cases, on the contrary, fails to act in contradiction with the requirements of the law or other legal acts.

In most cases, illegality is expressed in the form of committing an active illegal act. Current legislature does not contain a list of both permitted and prohibited actions. In this regard, the legality or illegality of an action in each specific case is established by the court and, accordingly, the arbitration court, taking into account the content of the law, based on moral principles our society.

Citizens are obliged not only to comply with the Basic Law and other laws, but also to respect moral rules, to bear with dignity high rank citizen. These criteria serve as important guidelines for assessing the actions of the harm-doer.

In some cases, inaction may also be unlawful. For an omission to be considered unlawful, a person must be legally obligated to perform certain actions in the relevant situation. If, despite this, the person remains inactive, then such abstinence from action will be unlawful. For example, in accordance with Art. 127 of the Criminal Code (hereinafter referred to as the Criminal Code), any person is obliged to provide assistance to another if victim is in a life-threatening condition. In this case, inaction will be unlawful. Sometimes an action that causes harm is recognized by law as permissible and, therefore, in this case it cannot be considered illegal and the possibility of an obligation arising from causing harm is excluded. The number of such cases is very limited. First of all, the necessary defense should be mentioned here. According to Art. 1066 part 2 of the Civil Code of the Russian Federation, damage caused in the state necessary defense, is not refundable. A person is considered to be acting in a state of necessary defense if his actions are related to the protection of legally protected rights and interests in the presence of attacks on them. As an example, we can refer to the case where a person commits lawful actions to suppress hooliganism. Under such circumstances, the tortfeasor is exempt not only from criminal liability, but also from property. At the same time, Art. 1066 part 2 of the Civil Code of the Russian Federation does not relieve the harm-doer from liability if he exceeded the limits of necessary defense.

Wrongfulness is also excluded when harm is caused in a state of extreme necessity. However, damage caused under such circumstances is subject to compensation by the person who caused it. The fact is that in a state of extreme necessity, a person causes harm in order to prevent a danger that, under specific circumstances, could not be averted by other means, and if caused in this situation harm is less than prevented. The causer of harm in a state of extreme necessity in some cases acts in the interests of a third party who was in danger. In such circumstances, the court may impose the obligation of compensation on the third party in whose interests the person who caused the harm acted, or exempt from compensation for damage in whole or in part not only this third party, but also the person who caused the harm.

Actions related to the implementation of a duty imposed by law are not illegal. For example, the actions of firefighters when extinguishing a fire that cause damage to the property of the victim are not illegal.

One of necessary conditions the emergence of obligations from causing harm is a causal connection between the unlawful behavior of the tortfeasor and the resulting harm.

Among various general conditions responsibility for causing harm should emphasize guilt. Features of guilt outside contractual obligations ah relate primarily to its significance in bringing to responsibility, as well as the application of the very principle of responsibility for guilt. It is enough to note that for some obligations from causing harm, liability arises regardless of fault. According to Art. 1064 part 2 of the Civil Code of the Russian Federation, the one who caused the harm is exempt from compensation if he proves that the harm was caused not through his fault. Consequently, the harm-doer is presumed guilty of causing harm until his innocence is proven in court or arbitration court. The guilt of a legal entity is expressed in the guilty actions of its employees committed by them in the performance of their labor duties.

According to Art. 1081 part 2 of the Civil Code of the Russian Federation, a person who has compensated for damage caused by another person has the right reverse demand(recourse) to this person in the amount of compensation paid, unless a different amount is established by law. For example, government agencies social insurance And social security has the right to present regressive demands to the causer of harm in the event that these bodies pay benefits or pensions to the victim.

Persons who jointly caused harm bear joint liability to the victim (Article 1080, Part 2 of the Civil Code of the Russian Federation). For laying joint liability conditions must exist provided by law. It is important to keep in mind that joint infliction of harm is evident in cases where it is not possible to differentiate harm in which several persons participated.

Liability for damage caused by state organizations, local government bodies, as well as officials

According to Art. 1069 part 2 of the Civil Code of the Russian Federation, damage caused as a result of publication by a state body or authority local government an act that does not comply with the law or other legal act, is subject to compensation in full on the basis of a court decision, regardless of the guilt of the body that issued the act and its officials. The damage is compensated at the expense of the treasury accordingly Russian Federation, a subject of the Russian Federation or municipality depending on who issued the act.

Art. 1069 clause 2 part 2 of the Civil Code of the Russian Federation establishes liability for harm caused illegal actions(inaction) of officials government agency or local government in the region administrative management. It is reimbursed for general principles(Article 1064 Part 2 of the Civil Code of the Russian Federation) at the expense of Money at the disposal of the relevant authority. And only if they are insufficient, the damage is compensated subsidiarily at the expense of the treasury of the Russian Federation, a subject of the Russian Federation or a municipal entity, respectively.

Art. 1070 part 2 of the Civil Code of the Russian Federation provides a special case responsibility. It was established for harm caused to a citizen as a result illegal conviction, illegal involvement as a preventive measure of detention or recognizance not to leave, illegal imposition administrative penalty in the form of arrest or correctional labor. The specified damage is compensated at the expense of the treasury of the Russian Federation, and in cases provided for by law - of a subject of the Russian Federation or a municipal entity in full, regardless of the guilt of officials of the investigative bodies, preliminary investigation, prosecutor's office and court in the manner prescribed by law.

However, harm may be caused to a citizen or legal entity as a result illegal activities bodies of inquiry, preliminary investigation, prosecutor's office and court, and other actions. Then it is subject to compensation on a general basis, unless otherwise provided by law.

A different rule is established for the case of harm in the administration of justice under civil cases. Such damage is compensated only if the guilt of the judge is established by a court verdict that has entered into legal force.

Liability for damage caused by incompetents or minors

Incompetent persons include minors under 14 years of age and citizens recognized as incompetent in judicial procedure.

To assign liability for harm, the guilt of the causer is required, which presupposes the presence of conscious will. Will - necessary prerequisite to understand the meaning and significance of their actions and the ability to manage them. They do not have these qualities incapacitated persons. Therefore they cannot be charged civil liability for causing harm.

According to Art. 1073 part 2 of the Civil Code of the Russian Federation for harm caused to minors under 14 years of age, their parents or guardians are responsible, unless they prove that the harm did not arise through their fault.

Art. 1078 part 2 of the Civil Code of the Russian Federation provides for liability for harm caused by a citizen who is unable to understand the meaning of his actions.

Released from liability capable citizen, as well as a minor aged 14 to 18 years, who caused harm in a state where he could not understand the meaning of his actions or control them.

However, if harm is caused to the life or health of the victim, the court may, taking into account the property status of the victim and the causer, as well as other circumstances, impose the obligation to compensate the harm in whole or in part on the causer.

A tortfeasor who himself brought himself into a state where he could not understand the meaning of his actions or control them, drinking alcohol, or narcotic drugs or otherwise.

If the harm was caused by a person who could not understand the meaning of his actions or control them due to a mental disorder, the obligation to compensate for the harm may be imposed by the court on his able-bodied spouse, parent, adult children living together with this person, who knew about mental disorder the causer of harm, but did not raise the question of declaring him incompetent (Article 1078, Part 2 of the Civil Code of the Russian Federation).

For a citizen recognized by the court incapacitated, cannot be held responsible for causing harm. The harm caused by him is subject to compensation by his guardian or organization obliged to supervise him. However, if they prove that the harm was not their fault, their responsibility is removed.

Liability for harm caused by a source of increased danger

The law (Article 1079, Part 2 of the Civil Code of the Russian Federation) establishes that legal entities and citizens whose activities are associated with an increased danger to others (use Vehicle, mechanisms, electrical energy high voltage, atomic energy, explosives, potent poisons, etc.; carrying out construction and other related activities, etc.), are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose as a result force majeure or the intent of the victim.

To understand the features of this type of non-contractual liability, it is necessary to consider, firstly, the concept of a source of increased danger and, secondly, the conditions for assigning liability.

An approximate list of sources of increased danger is given in the following legal norm Art. 1079 part 2 of the Civil Code of the Russian Federation. The number of these sources can be greatly increased, but give them exhaustive list almost impossible, if only because in the process of development modern science and technology, new types of activities appear, many of which are associated with objects that are sources of increased danger. We are not talking about any type of technology, but only about one whose operation is not subject to comprehensive human control. Thus, in this area, despite the use of the most modern measures safety precautions, accidental harm cannot be completely excluded.

Based on the criteria considered, judicial practice recognizes not only the objects listed in Art. as sources of increased danger. 1079 part 2 of the Civil Code of the Russian Federation, but also various kinds of mechanical engines, energy devices, agricultural and other machines, explosive, poisonous or radioactive substances, machines, as well as activities that resulted in a release into environment harmful substances with excess permissible limits, maintenance in zoos and use of wild animals by circuses, etc.

As for the conditions for assigning liability for harm caused by a source of increased danger, the presence of two conditions is sufficient - the occurrence of harm and a causal connection between this action and the result. Consequently, the tortfeasor will be held liable even in the absence of guilt, for example, for accidental infliction of harm.

One of the features of the occurrence of harm and causation as mandatory conditions imposition of liability is the requirement to establish each time damage is caused by a source of increased danger causation between the manifestation of those properties that are characteristic of a source of increased danger and harm. Therefore, injury resulting from a fight in a railway carriage is not a consequence of the manifestation of the properties of a source of increased danger. In this case, the issue of compensation for harm caused is resolved on a general basis (Article 1064, Part 2 of the Civil Code of the Russian Federation).

So, liability for harm caused by a source of increased danger, being innocent, is considered broader, increased compared to liability for causing harm ordinary activities according to the rules of Art. 1064 part 2 of the Civil Code of the Russian Federation. Despite this, the law limits the liability of the owner of the source of increased danger. This limitation concerns cases of harm caused by force majeure or the intention of the victim himself. However, the burden of proof specified circumstances rests with the owner of the source of increased danger (Article 1079, Part 2 of the Civil Code of the Russian Federation).

Under force majeure Art. 202, 401 part 1 of the Civil Code of the Russian Federation understands an extraordinary and insurmountable event under the given conditions. They may be disaster(earthquake, flood, hurricane, sudden fog, etc.). Arbitrage practice includes military actions, blockades, etc. among such phenomena.

An exception to the rule discussed is Art. 101 Air Code, according to which the air transport enterprise is not exempt from liability in the event of death, injury or other damage to health of a passenger during the take-off, flight or landing of an aircraft, as well as when a passenger boards and disembarks from the aircraft.

To impose liability for harm caused by a source of increased danger, it is not necessary to prove the illegality of the actions of its owner. And this is understandable, since the use of sources of increased danger belongs to the area of ​​​​necessary and socially useful activities.

For damage caused by a source of increased danger, responsibility rests with its owner. The obligation to compensate for damage is assigned to entity or a citizen who owns a source of increased danger by right of ownership, right economic management or right operational management or on another legally(by lease, by power of attorney for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer to it a source of increased danger, etc.).

Judicial practice does not recognize the owner of a source of increased danger and does not place responsibility for harm caused to the victim on the person directly managing the source of increased danger due to labor relations with the owner of this source (driver, machinist, machine operator and
etc.). In accordance with Art. 1081 part 2 of the Civil Code of the Russian Federation, this person is responsible not to the victim, but to the owner of the source of increased danger, who, having compensated for the harm caused, has the right of recourse (recourse) to the directly guilty person (driver, engineer, etc.).

The owner of a source of increased danger is not liable for damage caused by the action of this source if he proves that the latter came out of the owner’s possession not through his fault, but as a result illegal actions third parties. At specified conditions these third parties are liable for damage caused according to the rules of Art. 1079 part 2 of the Civil Code of the Russian Federation.

In cases of harm caused by a source of increased danger, which was removed from the possession of its owner as a result of illegal actions of third parties, but in the presence of also guilty behavior of the owner, responsibility for the harm caused can be assigned to both the person who used the source of increased danger and its owner taking into account specific circumstances. For example, such liability of the owner of a source of increased danger may arise if, through his fault, reliable protection of the source of increased danger was not ensured (Article 1079, Part 2 of the Civil Code of the Russian Federation).

In cases of harm caused by one source of increased danger to another, this harm is compensated on the basis of fault. If both or several parties are guilty, liability is distributed between them based on the degree of guilt of each party. However, it is possible that the harm occurred without the fault of either party. Then the losses will be borne by the injured party (Article 1064, Part 2 of the Civil Code of the Russian Federation).

Owners of sources of increased danger are jointly and severally liable for damage caused as a result of the interaction of these sources (for example, a collision of vehicles) to third parties, according to the rules of no-fault liability (Article 1079, Part 2 of the Civil Code of the Russian Federation).

It should be kept in mind that Civil Code(Article 1079, Part 2 of the Civil Code of the Russian Federation) allows for the possibility of releasing the owner of a source of increased danger from liability in whole or in part in the following cases: 1) if the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of guilt of the victim and the causer of harm; in this case, the amount of compensation must be reduced; 2) in case of gross negligence of the victim and the absence of guilt of the harm-doer, when his liability occurs regardless of guilt, etc. (Article 1083, Part 2 of the Civil Code of the Russian Federation).

Scope and nature of responsibility

The law (Article 393, Part 1 of the Civil Code of the Russian Federation and Article 1064, Part 2 of the Civil Code of the Russian Federation) enshrines the principle of full compensation, according to which the harm caused is subject to compensation in full.

When awarding compensation for damage, the court, in accordance with the circumstances of the case, obliges the person responsible for the damage to compensate it in kind (provide an item of the same kind and quality, correct the damaged item, etc.) or fully compensate for the losses caused.

Thus, the law (Article 1082, Part 2 of the Civil Code of the Russian Federation) gives preference not to monetary compensation, but compensation for harm in kind. Meanwhile, as evidenced by judicial and arbitration practice, compensation for damages in the form of monetary compensation is the predominant method of compensation.

According to Art. 1083 part 2 of the Civil Code of the Russian Federation, the court may reduce the amount of compensation for damage caused by a citizen, depending on his property status.

The scope of liability for the fault of not only the causer, but also the victim is determined according to the rules of Art. 1083 part 2 of the Civil Code of the Russian Federation. Thus, if the gross negligence of the victim himself contributed to the occurrence or increase of harm, then depending on the degree of guilt of the victim (and in the case of the fault of the harm-doer, depending on the degree of his guilt), the amount of compensation should be reduced or compensation for harm should be denied. Exceptions from of this rule may be provided for by law.

Thus, legal meaning is attributed only to gross negligence and intent of the victim. When establishing the actions of the victim slight negligence the amount of compensation is determined according to the above general rules. The law does not contain a definition of gross and light negligence. The degree of negligence depends on the specific circumstances of the case and in each special case determined by the court.

The guilt of the harm-doer is presumed (assumed). The guilt of the victim must be proven by the defendant, which is one of the essential features of the guilt of the victim.

The court may reduce the amount of compensation for damage caused by a citizen, taking into account his property status. However, a reduction in the amount of compensation is not allowed when the damage was caused by actions committed intentionally.

Compensation for harm caused to the life or health of a citizen

According to Art. 1084 Part 2 of the Civil Code of the Russian Federation, harm caused to the life or health of a citizen during the performance of contractual obligations, during the performance of duties military service, service in the police, etc., are compensated according to the rules of the Civil Code of the Russian Federation, unless increased liability is provided for by law or agreement.

The volume and nature of compensation for harm caused by damage to health are determined by law (Article 1085, Part 2 of the Civil Code of the Russian Federation). Thus, if a citizen is injured or otherwise damaged his health, the victim’s lost earnings (income) that he had or definitely could have had, as well as additionally, are subject to compensation. expenses incurred caused by damage to health (for treatment, additional nutrition, Spa treatment, acquisition of special vehicles, preparation for another profession, etc.), if it is established that the victim needs these types of assistance and care and does not have the right to receive them free of charge.

A disability pension assigned to the victim in connection with injury or other damage to health, as well as other pensions, benefits and other similar payments assigned both before and after the harm was caused when determining lost earnings (income) are not taken into account and do not entail a reduction amount of compensation for damage (does not count towards compensation). Earnings received by the victim after damage to health are also not included in compensation for harm.

By law or agreement, the scope and amount of compensation due to the victim may be increased.

The Civil Code (Article 1086, Part 2 of the Civil Code of the Russian Federation) establishes the procedure for determining earnings (income) lost as a result of damage to health. In particular, the amount of earnings (income) lost by the victim to be compensated is determined as a percentage of his average monthly earnings (income) before injury or other damage to health or until he lost his ability to work, corresponding to the degree of loss of professional ability by the victim, and in the absence of it - the degree of loss of general ability to work.

Lost earnings (income) include all types of remuneration for labor and civil contracts. Only one-time payments are not taken into account ( severance pay upon dismissal, compensation for unused vacation and so on.).

Calculation of average earnings (income) is carried out by division total amount his earnings (income) for the 12 months of work preceding the injury, by 12 (Article 1086, Part 2 of the Civil Code of the Russian Federation).

The right to compensation for damage to persons who have suffered damage as a result of death is granted to disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death: one of the parents, a spouse or another family member, regardless of his ability to work, who does not work and is busy caring for the deceased’s dependent children, grandchildren, brothers and sisters under fourteen years of age, and some other persons (Article 1087 Part 2 of the Civil Code of the Russian Federation).

The amount of compensation for damage incurred in the event of the death of the breadwinner is the share of the earnings (income) of the deceased that was incurred by the persons entitled to compensation for damage and which they received or had the right to receive for their maintenance during his life.

Compensation for moral damage

Compensation for moral damage is now regulated by law. The grounds and amount of compensation to a citizen for moral damage are determined by Art. 151 Part 1 of the Civil Code of the Russian Federation and Art. 1099-1101 part 2 of the Civil Code of the Russian Federation. Moral damage caused by actions (inactions) that violate property rights citizen, is subject to compensation in cases provided for by law. In this case, compensation for moral damage is carried out regardless of the property damage subject to compensation.

When the court decides the issue of compensation for moral damage, the guilt of the perpetrator is not taken into account if: 1) the harm was caused to the life or health of a citizen by a source of increased danger; 2) harm was caused to a citizen as a result of his illegal conviction, illegal prosecution and in some other cases (Article 1100, Part 2 of the Civil Code of the Russian Federation).

Compensation for moral damage is carried out in in cash. The amount of compensation is determined by the court depending on the nature of the physical and moral suffering, as well as the degree of guilt of the causer in cases where guilt is the basis for compensation.

The law (Article 1101, Part 2 of the Civil Code of the Russian Federation) requires that when determining the amount of compensation for damage, the requirements of reasonableness and fairness are taken into account.

The court's assessment of the nature of physical and moral suffering must be made taking into account the factual circumstances in which moral harm was caused, and individual characteristics victim.

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

Liability for damage to property

Article 167 of the Criminal Code of the Russian Federation for intentional damage to property provides for certain liability for this type of crime. This means quite significant damage. This concept means minor damage to property or its complete destruction.

When determining property damage, the cost, number and value of the objects are taken into account. Deliberate damage to property can result in a fine (up to 100 minimum wages or imprisonment for up to two years).

If such an action is recognized by the court as particularly dangerous, and it was carried out through an explosion or deliberate arson, which led to the death of a person, the perpetrator is imprisoned for up to five years.

When damage is carried out by the owner, this is considered legal in almost all cases. If a person owns the right to property, then he can dispose of certain objects until they are destroyed.

If things do not belong to a person, then the law prohibits such actions. For causing damage to someone else's property, it is punishable criminal liability and even imprisonment.

Qualification of the article from a legal point of view

What liability can there be for causing damage to someone else's property? This article of the Criminal Code has several qualifications that separate and clarify one another.

Part one provides for liability for planned damage to someone else's property if significant material damage was caused.

In the second we are talking about the damage to property provided for in the first part, committed as a result of the tricks of hooligans.

Cases of threat during the commission of a crime can be considered an aggravating circumstance. Criminal Acts may be aimed at:

1) life of persons;

2) the lives of the residents of the house, including pets;

3) movable and immovable property.

Damage to property may not necessarily be done with intent. But this circumstance can be confirmed by threats that relate to damage to property or its destruction.

Motives don't matter. Motive cannot mitigate this circumstance.

Responsibility for the threat

Even if there is a threat of property damage, liability is not provided for this alone. But in accordance with Article 167, which is inextricably linked with the topic of threats to damage objects, the possibility of punishment for a criminal act must be taken into account.

For damaging a thing with a certain intent, the violator faces the following liability:

• compensation for property damagethreefold personal income;
• fine up to 40,000 rubles;
• assignment of correctional labor for up to two years;
• compulsory work up to 360 hours;
• imprisonment for a couple of months;
• imprisonment for up to two years.

As you already know, for such types of hooliganism as arson and explosions that caused harm to people’s health, their death and other consequences:

1) the culprit is imprisoned for up to five years;

2) a person must fulfill forced labor for five years or more.

For property damage threats, contact a qualified attorney.

Unintentional damage to property

Damage to someone else's property through negligence occurs only under aggravating circumstances:

1) major damage;

2) grave consequences;

3) careless handling of fire and other sources of increased danger.

The crime is considered completed from the time of destruction of property or causing large-scale damage to it.

For damaging things through negligence, a person can be subject to criminal prosecution from the age of 16.

Causing damage to property with serious consequences

If the crime was committed executive during the performance of his duties, his actions are qualified under Article 268 of the Criminal Code of the Russian Federation.

The person guilty of a crime through negligence or frivolity did not realize, but was obliged to foresee the consequences of his actions, or foresaw, but due to arrogance thought to prevent them. Damage can be the result of both action and inaction of the criminal.

By the way, major damage is an amount of at least 250,000 rubles.

In other situations, unintentional damage to property does not constitute a criminal offense. Damage can only be recovered through legal action.

Fire is an elemental force. When handling it, precautions and basic household rules. Because of this, the accused cannot plead that he failed to foresee the consequences that occurred due to careless handling. Examples of incorrect behavior: lighting a fire in a prohibited area, smoking at a gas station, leaving an electric heating device unattended.

Sources of increased danger are various electrical devices, machines and mechanisms, for safe handling with which they were developed special rules, mandatory for compliance.

During the consideration of the case by the court, a cause-and-effect relationship must be established between the violation of the rules for handling various sources of danger and the resulting consequences (meaning property damage).

Serious consequences arise from causing serious harm to a person’s health, causing death to him (or a group of people), leaving injured people without money or housing, stopping the work of an enterprise, turning off consumers’ electricity, water supply, and gas.

If a person died due to the actions of the culprit, then the actions of the defendant will be considered under a set of articles (168 and 109 of the Criminal Code of the Russian Federation).

A person found guilty of a crime provided for in article 168, you will have to pay a fine, perform compulsory, corrective, compulsory work. He may also face restriction of freedom. The most severe punishment This act is punishable by imprisonment for up to a year.

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If there was unintentional damage to property, liability for it can occur in accordance with the criminal code only in strictly certain situations. This distinguishes the situation from the same actions committed consciously, where more serious administrative and criminal penalties are provided.

What is unintentional damage to property?

Unintentional damage to property is rendering it unfit for use. further exploitation type of certain actions of a specific person, committed carelessly or unaware of the seriousness of the consequences. This also includes situations that the offender foresaw, but hoped to prevent.

Important! It is quite difficult to prove the fact of unintentional damage to property. There are situations when you cannot do without the help of a lawyer. Most such cases may be classified as intentional attack material damage, and here a completely different article will apply - 167 of the Criminal Code, which implies a more serious punishment.

When will you have to answer under the Criminal Code?

The case is being considered under Article 168 of the Criminal Code of the Russian Federation. It states here that criminal liability occurs only in the following cases:

• severe consequences;
• causing damage in particular large size. Minimum threshold set at 250,000 rubles;
• careless handling with fire or other sources of high danger.

If we consider last point, fire is considered a force of nature; it must be handled very carefully and in compliance with safety rules. Otherwise, there is a high risk of severe consequences. Thus, careless handling of fire, resulting in damage to someone else’s property, is punishable under the Criminal Code. The perpetrator cannot plead that he did not know or did not appreciate the seriousness of the consequences own actions. As an example similar situations, you can consider smoking at gas stations, making fires in prohibited places. Also, if heating electrical appliances were left unattended, the case is considered according to the same scheme.

Sources of increased danger are understood as:

• mechanisms, the handling of which requires strict adherence to safety rules;
• machines that need to be operated according to the established scheme;
• electrical appliances that pose a danger if operating rules are violated.

As for severe consequences, this means damage to property that led to a stoppage of work large enterprises, the victims were left without housing and means of subsistence. Also to severe consequences include the cessation of water supply, electricity supply, gas supply due to certain actions citizen or group of persons.

Important! Responsibility under this article begins at the age of 16. Upon achieving this, individuals will be punished to the full extent of the law.

What liability is provided for under the Criminal Code?

If there was unintentional damage to someone else’s property, which falls under Article 168 of the Criminal Code of the Russian Federation, the culprit will be punished by one of the following measures:

• fine. Its size can reach 120,000 rubles. In some cases, the amount of the fine is determined as overall size income of the guilty person for a period of up to 1 year;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• restriction or imprisonment for up to 1 year;
• forced labor for a period of up to 1 year.

The punishment is determined separately in each situation. The court's decision depends on the consequences of the incident, the presence of mitigating or aggravating circumstances.

Important! To Judicial authority could be applied to to a specific person chosen measure punishment, a cause-and-effect relationship must be established between the committed act of the accused and the end result - damage to property.

If property damage does not fall under the Criminal Code

In other situations, criminal liability is not provided. The injured party can recover compensation for damages from the culprit in court by contacting authorized body with the corresponding claim. Of course, in order for a claim to be satisfied, there must be direct evidence of the defendant’s involvement in a specific case. This may be testimony of witnesses, video footage from surveillance cameras, or other facts confirming the words of the victim.

When a person does not know who damaged his property, it is necessary to file a statement with the police. Here it is important to describe the case and all its circumstances in as much detail as possible. The police will then conduct an appropriate investigation, after which writing will notify the applicant of its results. But, this situation will be considered under another article of the administrative or criminal code, does not fall under unintentional action.

What to do if you are accused of intentional damage to property unjustly

There are cases when a person, in certain circumstances, committed an action that resulted in damage to someone else’s property, unintentionally. At the same time, he is accused of intentionally causing material damage, for which he faces punishment under Article 167 of the Criminal Code. There is no evidence of unintentional action. In such a situation, the easiest way is to resolve the issue directly with the owner of the damaged property. He needs to be offered full material compensation for the harm, trying not to enter into conflict, but to reduce the issue to nothing peacefully, without involving law enforcement and submission statement of claim to court. Most often, such a solution suits both parties, so it takes place.

If the victim refuses to accept the offer of voluntary compensation material damage, wants to resolve the issue in court, the culprit has only to hire a lawyer, especially when it comes to a large sum of money or a serious punishment. A legal specialist with experience in such cases will tell you what to do correctly in a particular situation.

Damage aimed at person or property is classified as an offense and does not go unpunished.

Damage caused to property is called property damage. It has an economic expression and inevitable material consequences.

The injured party, suffering actual (real damage) and deferred losses (lost profits), has the right to demand compensation for its losses (Civil Code Art. 15; Civil Code Chapter 59 §1; Labor Code Art. 238).

The obligation to compensate for material damage is established by the Civil Code and the Labor Code. In addition, the Criminal Code provides for punishment for intentional and unintentional sabotage (Article 167), causing damage from 5 thousand rubles (Article 158 note 2).

The damage caused has material (property) and moral (non-property) aspects. In both cases, the amount of harm caused is expressed a sum of money(GK art. 151, ; TK art. 238,). In other words, the damage suffered is a consequence of causing harm.

Losses into which a person or organization is subjected as a result of third-party harm are a monetary assessment of the damage caused and are subject to payment in in full. In total material compensation included (Civil Code art. 15; Resolution of the Plenum of the Supreme Council No. 25 2015/23/06 p. 13):

• the real value of damaged or permanently lost property;
• expenses of the injured party for restoration of violated rights, potential or actual expenses for repair/correction of damaged property, including the cost of necessary construction materials;
• profit expected but not realized, or lost income.

Investments (attempts) of the injured party after causing harm in actions aimed at obtaining ordinary income, are included in the amount of lost profit, but do not replace it (Resolution of the Plenum of the Supreme Council No. 25 2015/23/06, paragraph 14; Civil Code, Art. 393, paragraph 4).

Damage caused is subject to compensation even in cases where it is not possible to calculate the amount of damages with high accuracy. In this case the size compensation payment

determined based on the principles of reasonableness and fairness (Civil Code Art. 393, paragraph 5). The burden of proving the pest's guilt rests with injured party

(Resolution of the Plenum of the Supreme Court No. 25, paragraph 12, paragraph 1). In relation to a potential pest, there is a presumption of guilt, and he is obliged to prove the opposite (Civil Code Art. 1064, paragraph 2). Requirement moral compensation may be submitted either separately or together with a claim for compensation property damage

(Resolution of the Plenum of the Supreme Council No. 10 1994/20/12 edition 2007/06/02 clause 9).

Persons responsible for causing material damage Compensation for damage resulting from intentional or unintentional causing

In a number of cases, responsibility for the damage caused is assigned to persons who are not the direct cause of harm, but are directly related to the sabotage that occurred (Civil Code art. 1068-1079, 15-16.1):

1. Material damage resulting from the lawful/illegal act of state and municipal bodies is compensated at the expense of state or municipal funds. At the expense of the state or municipal treasury The damage caused by the judicial and investigative bodies is also compensated.
2. The obligation to compensate for damage caused by the employee during the performance of official duties within labor agreement, is the responsibility of the employer.
3. Damage caused by a child under 18 or incapacitated is compensated by parents or legal guardians.
4. Obligation to compensate for damages from poor quality goods or due to the lack (distortion) of information about it is assigned to the seller or manufacturer.

It should be noted that limited capacity citizen (drug addiction, alcoholism) is not a reason for shifting responsibility or exemption from it.

Owners (proprietors) of high-risk devices compensate for the harm caused by these devices during their use, regardless of the presence of fault (Resolution of the Plenum of the Armed Forces No. 1 2010/26/01, paragraph 18).

Amount of compensation for material damage

Damage may be compensated in kind or in cash(Civil Code Art. 1082).

Compensation in kind is:

• transfer to the ownership of the victim of an identical or similar thing to replace the damaged or lost one;
• independent repair of damaged property;
• Free implementation of a range of works to restore and inspect damaged property.

The victim has the right to count on full refund damage, including actual losses and potential benefits.

A larger or smaller amount of compensation is possible only within the framework of the agreement concluded by the parties (Civil Code, Art. 15; Resolution of the Plenum of the Supreme Court No. 25). The amount of compensation for damage caused is an estimated amount. Real damage are calculated on the day the harm was caused and include the cost of repair and restoration work and materials - even if similar works

will lead to an increase in the price of damaged property.

If causing harm brought a certain income to the pest, then the victim has the right to make a compensation claim of the same or greater amount.

The pest’s income in this case is classified as lost profits by the victim.

Legal costs in the case of compensation for material damage are not included in the losses subject to compensation (Letter of the Presidium of the Supreme Arbitration Court No. 121 2007/05/12).

In the case of insured liability, the obligation to compensate losses within the insured amount rests with the insurer. The harm-doer himself is obliged to cover the damage in excess of the insured amount (Civil Code Art. 1072, clause 4).

Compensation amount exceeding design size damage may be established by law or by agreement between the parties (Civil Code Art. 1064).

Release from liability

The person who caused the harm is released from liability in following cases(Article 1064, , ):

• the damage occurred with the consent of the victim or at his request;
• the court has been presented with evidence of the defendant’s innocence;
• property damage occurred within the framework of self-defense (without excess).

In certain circumstances, the defendant may be exempt from compensation if his actions were caused by an absolute necessity(Article 1067) or the harm was caused due to the gross negligence of the victim (Article 1083).

Damage to life or health is subject to compensation under any circumstances.

After 3 years from the date of deprivation parental rights from responsibility for actions minor children deprived parents are released (Article 1075). Within a 3-year period, if the sabotage was a consequence of upbringing, the mother and father are held liable for compensation for damage caused by the actions of their son/daughter.

Reducing the amount of compensation for material damage caused

The compensation amount to cover damage may be reduced by a court decision in the following situations:

1. There are grossly careless actions of the victim and one or another degree of guilt of the defendant.
2. Gross negligence of the victim and lack of guilt of the defendant (with unconditional liability).
3. Low financial situation the perpetrator in the case of a clearly unintentional action that caused harm. In the case of deliberate sabotage, there is no reason to expect leniency.