Art. 1069 of the Civil Code of the Russian Federation gives the right to compensation for damage caused by the authorities to a citizen or organization. Its use is associated with a number of nuances. They relate to the order of proof and consideration. It leaves its mark on the trial and the status of the defendants.
Legislative regulation
The right to compensation for damage caused by the action or inaction of the authority is provided for by the Constitution and partly by international treaties signed by the Russian Federation.
Art. 1069 CC contains general provisions on the responsibility of authorities to citizens.
Courts periodically conduct research on the application of these provisions of the law.
State and Municipality
Art. 1069 of the Civil Code of the Russian Federation provides for the responsibility of state authorities and municipalities. If everything is clear with the municipal level, then partly with the state level. State bodies are understood as central authorities and bodies of subjects (authorities of a region, region, republic, city of federal significance).
State bodies are organizations that perform administrative functions. They can be called management, public, budgetary institution or otherwise.
The treasury or the body performing its functions is involved as a third party.
Responsible Persons
An action or inaction is committed by an official, i.e., by a person having authority in relation to a person who is not subordinate to him by virtue of his official position. For example, it is refused to accept an application or perform other duties to citizens. That is, there is a situation where there is no equality between the parties, and the official’s actions are administrative, noted in the commentary to Art. 1069 of the Civil Code of the Russian Federation.
The law makes reference to officials, those who have administrative powers. So, a cleaner or clerk does not belong to officials.
The case is opened against the organization, although one person acted on its behalf. So, for example, the FSSP departments are involved in the case, although a specific police officer is guilty.
Illegal Decision Form
The source of harm is an act or omission, an act of a normative or non-normative nature adopted within the framework of authority.
Regulatory acts affect an unlimited number of citizens (regulations, regulations, orders).
Non-normative acts - prescriptions, orders, decrees affecting specific citizens. For example, a decision to establish a cadastral valuation is appealed by the person directly affected by the act. In judicial practice, the application of Art. 1069 of the Civil Code of the Russian Federation reflects the right to appeal and oral decisions that are not documented.
Illegality of decisions
Unlawful, which means that it contradicts not only the law, but also other acts of legislation (Government decrees, instructions, orders, regulations, etc.), if we follow a more complete interpretation of Article 1069 of the Civil Code of the Russian Federation.
For example, the municipal administration adopts regulations, the provisions of which partially or completely contradict the higher acts. However, this is rare. Acts of a regional level or instructions or regulations adopted by central authorities are often appealed.
Inaction
Inaction is understood as refusal or evasion of fulfillment of duties, requirements of the current legislation. Often there are cases of inaction of bailiffs who do not take all the measures that should have been taken for the timely and full execution of a judicial act.
For example, the bailiff later arrested the accounts of the debtor and he managed to withdraw money or cash them, as a result of which they would not be enforced.
Practical examples
For example, attempts have been made repeatedly to appeal against instructions for registering military personnel entitled to official housing.
In judicial practice, there have also been attempts to appeal against decisions of the Government. One of the decisions of the Armed Forces of the Russian Federation abolished one of the clauses of the provision on the provision of housing for people with disabilities. Guided by this document, the regional authorities draw up their own regulations.
Features of the trial
Legislation obliges officials to justify the legality of their actions, the normative acts adopted by them. In the CAS, which regulates the consideration of disputes with officials, this provision is spelled out directly, but it is also reluctant to implement it.
At the same time, the code applies only to certain categories of cases. A significant part of the disputes, the foundation of which is the actions of the authorities, continues to be assessed as civil. For example, cases of refusal to register a citizen as a person in need of improvement of housing.
Because of this, in judicial practice under Art. 1069 of the Civil Code of the Russian Federation remain unresolved issues.
Collection features
Penalties in the event of a positive court decision are imposed not on a specific authority, but on the treasury. That is, money is debited from the budget accounts. In case of shortage of funds, the appeal is made to other property owned by the state or municipality.