Compensation for non-pecuniary damage may be carried out regardless of the fault of the subject who caused it. The legislation provides a list of cases where this is possible. They are given in Art. 1100 of the Civil Code of the Russian Federation (as amended). We consider these cases in detail.
Normative base
Compensation for non-pecuniary damage shall be made without regard to the fault of the citizen who caused it, if it is caused:
- Health / face life source of high danger.
- In case of unlawful conviction, prosecution under the rules of the Criminal Code, unlawful application recognizance not to leave or detention, administrative sanction in the form of arrest or correctional labor.
- The dissemination of information discrediting the honor, reputation, dignity of the subject.
This list is considered open. The legislation may provide for other cases of compensation for damage regardless of the fault of the subject.
Art. 1100 of the Civil Code of the Russian Federation with comments
The norm under consideration sets out only cases in which compensation for damage is carried out without regard to the fault of the causer. Meanwhile, the title of the article is “Grounds for the collection of moral harm”. This confirms the validity of the general rule by which liability for guilt arises.
The first paragraph of the norm
According to Art. 1100 of the Civil Code of the Russian Federation compensation is subject to damage to the subject by a source of high danger. Article 1079 of the Code uses a different definition - an activity that poses an increased threat to others. In particular, this refers to the use of mechanisms, transport, high-voltage electricity, potent poisons, explosives, and so on. Entities whose activities are associated with such sources of danger are obliged to compensate for the damage if they cannot prove that it arose as a result of force majeure or as a result of deliberate actions of the injured person.
Exemption from liability is allowed if a citizen provides confirmation that the object has dropped out of his possession due to illegal actions of other citizens.
Meanwhile, in Art. 1100 of the Civil Code of the Russian Federation there is a different rule. In accordance with the provisions of the norm, compensation is provided regardless of the presence of circumstances such as force majeure or intentional actions of the victim.
Second case
Article 1100 of the Civil Code of the Russian Federation establishes the obligation to compensate for damage that a citizen has incurred due to unlawful actions by executive and judicial authorities. We are talking about unlawful prosecution according to the norms of the Criminal Code, conviction, and enforcement of coercive measures against a citizen. The rule of clause 2 of Article 1100 of the Civil Code of the Russian Federation complies with the provisions of paragraph 1 of rule 1070 of the Code. It states that the damage caused to a person as a result of unlawful prosecution, conviction, application of measures of influence to him is compensated from the treasury of the Russian Federation. In cases stipulated by law, compensation for harm may be carried out at the expense of the budget of the region or the municipality. Compensation is provided in full regardless of the fault of the employees of the prosecutor's office, the body of inquiry / investigation or the court.
Dissemination of defamatory information
Clause 3 of Article 1100 of the Civil Code of the Russian Federation applies exclusively to citizens in respect of whom unlawful acts were committed. The Plenum of the Armed Forces in the Decision No. 3 of February 24, 2005determined that the dissemination of information defaming business reputation, dignity and honor should be understood as broadcasting on television / radio, publication in print media and demonstration in other media, on the Internet, as well as using other telecommunication means of communication, presentation in public speeches, official characteristics, statements sent to officials. It can be messages in any form, including oral, at least one subject.
The provision of such data to a citizen whom they directly relate to shall not be recognized as dissemination when taking sufficient measures to ensure confidentiality so that they do not become known to other persons. The legislation does not provide criteria by which information can be considered defamatory.
Meanwhile, the Supreme Council expressed the opinion that such information can be considered data that contains allegations of violation by the subject of the provisions of the current legislation, unethical behavior, misconduct, dishonesty in conducting business or business activities, non-observance of business ethics or customs of circulation, detracting from dignity and honor or reputation of a citizen.
Additionally
The mention in article 1100 of the Civil Code of the Russian Federation of the rule that when disseminating information defaming the reputation, dignity and honor of a citizen, the damage is compensated regardless of guilt is of great practical importance. The innocent distribution of these non-property personal rights can take place in many cases. For example, a person publishes information received from third parties and considers it reliable. Moreover, Article 1100 of the Civil Code of the Russian Federation requires that he be held accountable and is obligated to compensate for the damage. The norm does not provide for the possibility of presenting a recourse requirement to the direct source of information that does not correspond to reality (to the entity that first disseminated the defamatory information).
Conclusion
The norm under consideration provides for the possibility of compensation for non-pecuniary damage in other cases not directly established in the article, but defined in other normative acts. The list of cases, therefore, can subsequently be expanded. When considering cases under Art. 1100, it is necessary to carefully study the circumstances in which an event occurred. This is especially important when deciding on compensation for damage that arose as a result of illegal actions by prosecutors, the court, investigation / inquiry bodies. Their unlawful behavior violates the constitutional rights of citizens.
