Property damage: concept, types, liability and procedure for compensation

Conditions for liability for damage caused

The second part of Article 1064 of the Civil Code establishes that for the right to compensation for property or other types of damage to arise, a number of conditions must be present. All of them must be complied with without fail. The absence of one of them entails the invalidity of the claim for compensation.

The general conditions for recovery of damage to property or other types are as follows:

1. The fault of the person causing the damage.
2. The illegality of his behavior.
3. The cause-and-effect relationship between his illegal actions and the resulting harm.

Property or other type of harm is a reduction or derogation of the property or personal benefit of the victim, which is protected by law. The harm that is caused to an individual is expressed in the derogation of the dignity and honor of a citizen, a decrease in his ability to work or a resulting injury or illness, illegal appropriation of authorship by an outsider, and so on.

Question 285. Lawful infliction of harm

In life, there are often situations when harm is caused, but the law does not recognize the behavior of the person who caused this harm as illegal. As a general rule, damage caused by lawful actions is not subject to compensation.

Infliction of harm in the performance by a person of his duties provided for by law, other legal acts or professional instructions is recognized as lawful.

The criminal and administrative legislation of the Russian Federation most fully takes into account cases of lawful infliction of harm. Firstly, all measures of responsibility cause harm to the offender: they deprive him of his freedom, limit his freedom, diminish his property (imprisonment, fine, etc.). Secondly, harm is caused by measures of state coercion, applied by state bodies according to a procedure defined by law, and therefore are lawful. In some cases, legitimate harm can also be caused by citizens. This refers to cases of necessary defense, extreme necessity, execution of a legal order, etc. In case of harm caused by lawful actions, the law exempts from liability.

1) Necessary defense - lawful protection from a socially dangerous attack by causing harm to the attacker.

Necessary defense is permissible against illegal actions of officials who infringe upon the legitimate rights and interests of citizens through abuse of official position.

2) Extreme necessity is a state when a person, in order to avert a danger that really threatens the legitimate interests of a given person or other persons, the interests of society or the state, causes harm to the interests of third (extraneous) parties, provided that the threatening danger under the given circumstances could not be eliminated by other means and the harm caused is less significant compared to what is prevented.

A state of extreme necessity arises where two interests protected by law collide and the preservation of one (more important) is achieved by sacrificing the other (less important).

Sources of impending danger, if absolutely necessary, can be very diverse: socially dangerous behavior of people (guilty and innocent), natural forces (fire, flood, hurricane, earthquake, mountain avalanches, etc.), animal attacks, etc.

3) Physical or mental coercion

Forcing a person to cause harm to legally protected interests consists of using illegal methods of physical or mental pressure against him. Such coercion can be expressed both in physical violence (beatings, torture, infliction of bodily harm) and in mental influence (various threats).

4) Justified risk

Justified risk, consisting in the lawful creation of a possible danger to legally protected interests in order to achieve a socially useful result that could not be obtained by ordinary, non-risky means, is a circumstance excluding the criminality of the act. Such a risk is possible in any field of activity - industrial, scientific and technical, medical, law enforcement, as well as in extreme situations that arise in the spheres of everyday life and leisure activities.

5) Execution of an order or instruction

An order or instruction is understood as a mandatory requirement made by a superior to a subordinate. This requirement can be oral or written, and can be conveyed to the subordinate either directly by the boss or through other persons.

An order or instruction is a manifestation of the will of the boss. Due to the mandatory nature of an order or instruction, the subordinate’s belief in their legality, and trust in them, they are considered as grounds for certain actions (inaction) by the executor and even as acts that replace the actions of the executor. Their legal force is greater than the performing act itself. Therefore, responsibility for the consequences of an illegal order or instruction rests with the superior who issued it.

6) Causing harm when detaining a person who committed a crime

The act of detaining a person who has committed a crime, by its legal nature, is the exercise of a right and, in some cases, the fulfillment of a citizen’s moral duty to suppress illegal actions and bring the perpetrators to the authorities. For some people, in particular for police officers and other internal affairs services, employees of the Federal Security Service, the detention of a criminal is a legal, official duty.

286, 294 Concept and signs of legal liability, grounds for liability (+ see the question about the offense)

Vlasenko: Legal science contains many different definitions of legal liability. The authors focus on different aspects of this legal phenomenon - coercion on the part of the state, the state's reaction to unlawful behavior, the suffering of adverse consequences for guilty persons, etc.

In any case, legal liability must have the following characteristics (Timoshina)

1. be based on state coercion, i.e. those state legal measures that constitute the content of this responsibility;

2. present the offense as the only basis for legal liability; in this regard, the law enforcement officer is obliged to establish whether a given act or act is an offense and whether it contains the necessary signs of legal composition;

3. carried out in a special procedural form, compliance with which is strictly mandatory in accordance with current legislation.

4.legal responsibility arises after establishing the fact of an offense, those with unlawful guilty actions that violate the norms of substantive law, and is implemented by applying to the guilty person a sanction of the violated legal norm

5, the offender acts in such a legal relationship as the subject of a legal obligation to endure those deprivations of a personal or property nature that are provided for by the sanction of a legal norm and applied to him by law enforcement agencies.

Vlasenko also adds - to pursue unfavorable consequences, so-called deprivations of both property and personal, for example, deprivation of liberty, deprivation of the right to hold certain positions or engage in certain activities, deprivation of a military or other special rank, etc. Adverse consequences include confiscation of property, seizure of a land plot, collection of a fine, penalties, etc.;

Tim: Thus, state legal responsibility is an obligation forcibly executed by the offender: arising in connection with the commission of an offense, implemented in a specific protective legal relationship between the state and the offender, consisting of undergoing deprivations of a personal or property nature provided for by the sanction of the legal norm, imposed by law enforcement agencies of the state . The main feature is the punitive penalty value. State law responsibility is one of the legal means through which the legal mechanism operates, and law appears as a legal order.

Since state law liability is associated with the use of the most traumatic measures to influence the personality of the offender, its implementation must be carried out in strict compliance with the basic principles - legality, validity, fairness, inevitability.

Principles of legal responsibility according to Alekseev: In legal science, the following principles of legal responsibility are distinguished: legality, fairness, inevitability of occurrence, expediency, individualization of punishment, responsibility for guilt, inadmissibility of doubling punishment.

Tim: It is customary to divide it into criminal (In the Russian Federation, an exhaustive list of crimes is recorded in the Criminal Code. The procedure for bringing criminal liability is regulated by the Code of Criminal Procedure), administrative (occurs for the commission of administrative offenses provided for by the Code of Administrative Offences. Cases of administrative offenses are considered by competent government bodies, the scope of which is enshrined in Chapter 16 of the Code of Administrative Offences), civil (occurs for violations of contractual obligations of a property nature or for causing property non-contractual damage, i.e. for committing a civil tort. Its essence is to force a person to bear negative property costs consequences. Full compensation for harm is the basic principle of civil liability (Article 1064 of the Civil Code of the Russian Federation). Compensation for losses in some cases

supplemented by penalties, such as the payment of a penalty. The imposition of this type of liability is carried out by judicial (general or arbitration court) or administrative bodies (Article 11 of the Civil Code of the Russian Federation)), disciplinary (arises as a result of the commission of disciplinary offenses. The specificity of their illegality lies in the fact that in this case it is not a prohibitive norm that is violated, but a positive a rule establishing the labor duties of an employee. A person exercising administrative and disciplinary power over a specific employee can be subject to disciplinary liability. There are three types of disciplinary liability: in accordance with the internal labor regulations, in the order of subordination and in accordance with disciplinary charters and regulations. Measures disciplinary liability - reprimand, severe reprimand, dismissal, etc.). Also sometimes they highlight international responsibility, constitutional, environmental, etc.

Alekseev separately highlights this: The financial responsibility of workers and employees for damage caused to an enterprise or institution lies in the need to compensate for damage in the manner prescribed by law. The basis for this type of liability is damage caused during work to the enterprise with which the employee is in an employment relationship. The amount of damages to be compensated is determined as a percentage of wages (1/3, 2/3 of monthly earnings). In addition to those indicated as an independent type of responsibility, the literature highlights the repeal of acts that are contrary to the law (such a repeal is provided for, for example, in Article 13 of the Civil Code of the Russian Federation). Despite a certain proximity to legal liability and the significance of this legal phenomenon, we believe that it differs from liability.

Base. An offense is an illegal, guilty action (or inaction) that violates social principles and values.

Composition of the offense - the structure of the offense; a certain ideal model that dismembers and combines its features and elements.

In the legal literature, there is an established point of view that the structure (composition) of an offense has four interconnected elements: object, objective side, subject, subjective side.

In most cases, the object of the offense is considered to be social relations that are being harmed or attempting to harm. These relations are protected by the state, which, like society, is interested in their preservation and development. In the legal literature, there is a general object, generic and direct. The general object is the entire set of positive factual relations, the generic object is their part, i.e. a homogeneous set, for example, the procedure for the acquisition, storage and disposal of securities. The immediate object is what the public offense is specifically aimed at, for example the theft of securities.

The objective side is an action that is characterized by illegality, harmful consequences, cause-and-effect relationships between the committed acts and the resulting consequences. The causal connection between the acts committed and the consequences that occur must be direct; the element of chance is unacceptable. The absence of one of the elements of the objective side casts doubt on the existence of an offense.

The subject of the offense is an individual or legal entity; if this is an individual, then he must reach a certain age - 16 years, and for some crimes - 14 years. Legal entities are subjects of civil, administrative, tax and other offenses. Their tort liability begins from the moment of registration.

The subjective side is the most important element of the offense, characterizing it from the point of view of guilt. Guilt is a person’s mental attitude to the deed and the consequences, expressed by awareness and anticipation of the onset of harmful consequences. In legal theory, it is customary to distinguish between two main forms of guilt - intent and negligence. Intention is divided into direct or indirect. Direct intent characterizes the purpose of the offense, the means of preparation, etc. Indirect intent does not indicate the person’s intentions to commit an offense, but in this case he should have been aware, for example, by preserving the stolen things, of their origin. Carelessness comes in the form of presumption or negligence. Often in practice it is difficult to distinguish between negligence and arrogance, but in both cases the person had to be aware of his behavior, his act as

contrary to the rule of law, for example in cases of violation of safety regulations at work.

Depending on the degree of social danger, all offenses are divided into crimes and misdemeanors.

Alekseev. The grounds for liability are those circumstances the presence of which makes liability possible (Necessary), and the absence of which excludes it. Legal liability arises only due to the requirements of the law based on the decision of the law enforcement agency. Its actual basis is an offense. It is known to be characterized by a combination of various features that form the corpus delicti. A person can be held liable only if all elements of the offense are present in his action.

At the same time, the offense itself does not automatically give rise to liability, does not entail the use of state coercive measures, but is only the basis for such use. For the actual implementation of legal liability, a law enforcement act is necessary—a decision of the competent authority that imposes legal liability and establishes the scope and form of compulsory measures against a specific person. This could be a court verdict, an order from the administration, etc.

In some cases, the law provides grounds not only for liability, but also for exemption from it and from punishment. Thus, a person who has committed an act containing signs of a crime can be released from criminal liability if it is recognized that by the time of the investigation or consideration of the case in court, due to a change in the situation, the committed act has lost the character of a socially dangerous one (Article 77 of the Criminal Code of the Russian Federation).

Concept of property damage

This type of harm is expressed in the infringement of the material benefits of the victim through no fault of his, as a result of which the citizen experiences some losses in the area of ​​his property.

Property damage is expressed in monetary terms. If the damage is not expressed in the form of losses, it is not subject to recovery. Therefore, it is impossible to receive compensation for the consequences that have occurred if they are not subject to calculation. The only exception is compensation for moral damage.

The second part of Article 1064 of the Civil Code defines liability for causing property damage and causing personal damage. In relation to property, compensation can be obtained both for actual damage caused and for lost profits.

The second part of Article 1083 of the Civil Code determines that the amount of property damage and property damage to be compensated can be reduced by the court, based on the financial situation of the tortfeasor. Exemption from recovery of the amount of damage caused occurs only in cases where the victim himself was guilty of causing the damage. If the damage was caused intentionally, its amount for recovery cannot be reduced.

Inaction is unlawful if, due to one’s official position or on the basis of the law, it was necessary to perform certain actions, which did not happen. For example, Article 127 determines that leaving a person in danger is a crime, therefore property damage in a criminal case will also be subject to recovery. If a person is held criminally liable, a civil lawsuit can be filed against him to obtain compensation.

In some cases, causing property damage is not illegal. Such cases include necessary defense. The second part of Article 1066 determines that damage caused during necessary defense is not eligible for compensation. In this case, exceeding the limits of defense, which entailed causing property damage, the citizen must compensate without fail.

An unlawful act also does not mean causing damage as a result of a person’s direct performance of his duties. For example, when putting out a fire or providing assistance.

The amount of damage that triggers liability under the Criminal Code of the Russian Federation

In the Criminal Procedure Code of the Russian Federation today there are several articles of similar meaning that regulate criminal liability for damage caused by the theft of property values ​​through the commission of various types of criminal acts.

These include:

• Art. 159 of the Criminal Code, regulating the degree of liability for fraud;
• Art. 7.2.1 of the Criminal Code, which establishes liability for causing damage by misappropriation of property values ​​through abuse of trust or fraud;
• Art. 158 of the Criminal Code, regulating liability for theft;
• Article 7.27.1 of the Code of Administrative Offenses, which establishes liability for damage caused by petty theft.

The main and defining difference that separates them from each other is the size of the amount that serves as the basis for initiating a criminal investigation. In 2021, amendments were made to the Criminal Code under the articles listed above in the amount of amounts that trigger criminal liability.

The amount of damage, starting from which criminal or administrative punishment is imposed in 2021

In the Russian Criminal Code, Section 8, Chapter 21, which regulates liability for theft of material assets, federal bylaw number 323 - FZ in 2021 made the following amendments that are valid in the current 2021, liability for theft in the amount designated as:

• “large” comes starting from 250 thousand rubles;
• “especially large” – from 1 million rubles;

The amount of damage in case of theft from a civilian, designated as “significant”, is considered starting from 5 thousand rubles. This value can be adjusted taking into account the financial and property situation of the victim.

Petty, according to Part 1, Article 7.21 of the Administrative Code, is considered theft of no more than 1 thousand rubles. However, according to Part 2, Article 7.27 of the Administrative Code, such theft can be considered if the stolen amount is from 1–2.5 thousand rubles.

That is, in the current legal field a kind of “sagging” has formed, which is expressed in the fact that the stolen amount ranges from 2.5–5 thousand rubles. can no longer be classified as an administrative offense and at the same time no criminal punishment has yet been imposed.

This happened because the corresponding amendment was not made to the Administrative Code.

The concepts of “minor” and “significant” in relation to damage are absent in the text of the Civil Code of Russia.

The Code defines various types of criminal acts causing property damage, for which administrative or criminal liability arises.

The assistance of a lawyer in criminal cases is one of the main conditions that helps ensure that the investigative authorities correctly characterize the offense and obtain the maximum possible favorable decision in relation to the person who committed it.

The amount of damage caused by fraud, starting from which criminal or administrative punishment is imposed in 2019

Some articles provide special rules for calculating the amount of damage from fraudulent activities. The following parts of Article 159 are not included in their list:

• Part 5, regulating liability for intentional failure to fulfill business contracts that caused significant damage;
• Part 6, regulating liability for intentional failure to fulfill business contracts that caused major damage;
• Part 7 regulates liability for intentional failure to fulfill business contracts that caused particularly large damage.

And also for fraudulent actions under the following articles:

• 159.1 when lending;
• 159.3 using bank cards;
• 159.5 when conducting insurance activities;
• 159.6 in the field of digital technologies.

In the current 2021, liability for damage caused by fraudulent actions in the amount indicated as:

• “significant” begins from 10,000 rubles;
• “large” – from 3 million rubles;
• “especially large” - from 12 million rubles.

Large amounts of damage from theft of material assets are explained by the fact that contractual relations are concluded between legal entities and entrepreneurs. However, the size of the above amounts is considered controversial among entrepreneurs, lawyers and economists.

What should be the actions of those convicted and those in prison in connection with the amendments on the amount of damage caused?

The amendments made in 2021 can be considered decriminalizing, since Article 10 of the Criminal Code states that the by-laws releasing from punishment have retroactive force.

This means that convicted persons have the right to ask for release or a reduced sentence by filing a petition.

It is submitted on paper to the judicial institution at the location of the correctional institution, prison, correctional facility, pre-trial detention center where he resides.

What can follow compensation for damages before an investigation is initiated?

To understand this issue, you should refer to the Criminal Code of Russia, Article 76.1, including amendments dated 03.07. 2021, regulating the rules for exemption from liability for crimes of an economic nature.

It states that release is possible (tax evasion, etc.) if the suspect compensates for the damage caused to the state.

The second part of this article lists the conditions for release if the damage is paid off before the start of the investigation.

How is the amount of damage determined in conditions of instability of the domestic currency?

In various by-laws, as well as the Letter of the Plenum of the Supreme Court, analyzing the judicial practice of office work on robberies, robberies and thefts, one can find the following rules establishing the procedure for determining the amount of damage.

• The amount of damage is determined by the value of property assets on the date of theft.
• If there is no information about the value of stolen material assets, the investigation turns to experts and makes an assessment based on their findings.
• The amount of damage caused by theft that must be compensated is determined based on the calculation of the value of property assets at the time of the court decision. It is possible to carry out indexation to the date of execution of the court decision, if such a need arises.
• For historical, artistic and scientific values ​​there is a separate procedure for calculating the cost. It is determined on the basis of the findings of the examination, which indicates their significance and cost.
• If disagreements arise, an independent third-party examination is invited.

Seven facts in the article that you should pay attention to:

1. On July 3, 2017, amendments were made to the Criminal Code of Russia that significantly changed the amount of damage, if exceeded, liability arises as a result of theft or fraud in business activities.
2. If damage amounts to 5 thousand rubles. criminal liability arises. If the amount of damage is less - administrative.
3. Persons convicted of damages caused by theft or fraud in business activities have the right to file petitions asking for release or a reduced sentence.
4. In accordance with amendments made in 2021 to Article 76.1 of the Criminal Code of Russia, it is possible to mitigate the punishment or cancel it if four criteria are met, for example, compensation for the damage caused before the start of the investigation.
5. The amount of damage caused by robbery, robbery or theft is determined by the value of property assets on the date of the commission of the criminal act. If necessary, an appropriate examination is prescribed.
6. The 2021 amendments to the Criminal Code of Russia introduced a gradation of the amount of damage into “large” (more than 250 thousand rubles) and “especially large” (more than 1 million rubles).
7. Designations such as “minor” or “significant” damage are not used in the legal field and are used only in everyday life.

A good criminal lawyer will help you understand the current situation, choose the right course of action and defend the interests of your client.

Blame and causation

The next important conditions when a claim for compensation for property damage is legitimate are the presence of guilt and the connection of the action (inaction) with the resulting consequences.

The legislation distinguishes cases when the victim is obliged to prove guilt, and cases when the guilty person is obliged to prove his innocence. For example, when holding a legal entity liable, it is an axiom that an employee of the organization is guilty of causing harm to third parties.

According to the second part of Article 1064, the guilty person is exempt from compensation for damage if he proves that the damage was not caused through his fault. In relation to labor relations, an example would be the breakdown of equipment by an employee that was not maintained in proper condition by the employer.

According to the provisions of the second part of Article 1081 of the Civil Code, a person who has compensated for property damage for another person has the right to file a recourse claim against the culprit. The second part of Article 1080 states that collective infliction of damage entails joint and several liability.

Criminal consequences: material and non-material, physical harm to health

Every human action has a certain result, in some cases it is positive, but as a result of a criminal act it is negative. The consequence of a crime is a socially harmful change in relationships protected by law by purposeful influence, inaction or careless behavior of the person who is the subject of the offense, that is, the criminal.

Types of consequences

It is very important to note that the consequence of a crime is not any harm caused to the object of the offense, but only that which is specified in the disposition of criminal law norms. Consequences are a mandatory sign of the material elements of a crime, but in formal crimes it is optional.

By their nature, criminal results can be completely different; for example, according to qualitative indicators they are divided into two groups: material and intangible. The last option is to cause damage to legally protected interests.

Intangible results can be personal or social.

They can be of an environmental or political nature, be harmful to the rights and legitimate interests of citizens and organizations, negatively affect the legally protected interests of the entire state, or be informational harm.

The corpus delicti will be considered completed if a socially dangerous outcome occurs, however, there are a number of cases when, after the occurrence of some results (those included in the crime), a whole chain of further consequences that are outside the scope of the offense follows. These types of results of unlawful behavior are usually called further or additional.

According to the law, these types of outcome are not directly involved in the qualification of the crime, but if they exist, the court will make a decision taking into account aggravating circumstances.

Material consequences include property and physical harm. Property damage represents both actual damage and lost profits due to a criminal act. Property damage is characterized by quantitative parameters and, as a rule, is measured in units of value. This type of damage is divided into significant, large damage and damage on an especially large scale.

Physical harm is damage that has been caused to a person’s life or health. The Criminal Code clearly describes the following types of physical harm:

• grave is a type of damage that is characterized by a particular danger to human life, that is, it entails loss of vision, hearing, any organ or loss of its functions, termination of pregnancy, mental disorder, etc. (Article 11 of the Criminal Code),
• of moderate severity - considered to be damage to the health of the victim that is not life-threatening and that does not entail the consequences specified in Art. 111 of the Criminal Code, but one that caused long-term health problems or loss of general ability to work (Article 112 of the Criminal Code),
• minor harm to health - short-term distress or minor loss of general ability to work (Article 115 of the Criminal Code).

In addition, the Criminal Code clearly regulates liability for beatings (Article 116) and torture (Article 117), which are not classified by the court as causing harm to health, but for which the subject of criminal proceedings is responsible.

Responsibility for the consequences of an offense

The structure of criminal law is formed in such a way that the corpus delicti is formulated by several elements, and the consequence of illegal actions is one of them.

Any crime, by its very nature, carries a social danger and certain results.

However, depending on the inclusion of these consequences in the crime, as a mandatory feature of the crime - violation of the law, they can form:

• material elements - when the offense will be considered completed only when these consequences occur,
• formal offenses - when the offense is completed by its nature, regardless of the consequences,
• truncated offenses - when the crime is completed, regardless of the completion of the violation itself and the expectation of its consequences, as happens with attempted murder, robbery or robbery.

All this is said so that a person with little knowledge of legal terminology can understand for himself that the consequences are not always important in qualifying a crime; sometimes the preparation for something illegal is enough. If a violation of the law does not have socially dangerous results, then it is classified as an attempted crime.

From the point of view of reflecting the consequences of illegal acts in criminal law, they are divided into three types:

• expressly listed in the Criminal Code,
• not listed in the law, but significantly affecting responsibility and sentencing,
• indifferent to the qualification and assessment of the crime.

Some articles of the Criminal Code of the Russian Federation contain information that it is not the infliction of actual harm that can be considered a crime, but indicates the possibility of dangerous consequences for society.

Such elements of an offense in criminal proceedings are called elements of danger; an example would be Art.

205 on terrorism, where the very preparation for a terrorist attack or participation in a certain group can create a danger to society.

The occurrence or non-occurrence of consequences affects the punishment if they are named in Art. 61, 63 of the Criminal Code in the form of circumstances that increase or decrease the punishment that entails violation of the law. The consequences of an unlawful act will be taken into account in court proceedings if:

• their nature and size are one of the main grounds for the criminalization of the act committed by the offender,
• they contribute to the delimitation of crimes from other offenses (the delimitation of administratively punishable theft from criminally punishable theft),
• the result of criminal activity plays an important role in qualifying the offense itself (for example, theft under Part 3 or Part 4 of Article 158 of the Criminal Code),
• the results of illegal behavior are taken into account by the court when assigning the amount of punishment in the form of aggravating or mitigating circumstances.

When a certain kind of consequences occurs, the court also takes into account the attitude of the individual - the criminal - to these results, that is, he may be satisfied with them or, on the contrary, upset, may regret what happened and repent.

A negative attitude towards the consequences of a wrongful act can cause remorse and a feeling of guilt in the perpetrator; voluntary refusal to complete the criminal act is also possible. The motives for refusing to complete the offense may characterize the personality of the offender.

Since the essence of punishment in criminal law is to correct the offender, a negative attitude towards the consequences that have occurred will be taken into account in the sentencing, and can serve as a mitigating circumstance.

To summarize, we can say that only the prosecutor and the judge can assess the consequences of the crime committed; the investigator only points out the signs of criminal activity in the perpetrator’s case.

Of course, citizens do not have to be able to understand the procedure for qualifying illegal actions, but they should be aware of the possible negative consequences of illegal acts, and avoid breaking the law in every possible way.

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Liability for damage from incapacitated persons

According to the legislation, persons who are not aware of their actions due to health problems or other deviations, and minor citizens, are classified as incompetent.

Since, due to objective reasons, they cannot be held accountable for their actions, legal representatives bear responsibility for them (including financial ones). This is enshrined in the second parts of Articles 1073 and 1078 of the Civil Code. Parents or guardians are released from compensation for damages only if the innocence of their wards is proven. If we are talking about property damage caused by the crime of a minor from fourteen to eighteen years of age, the guilt may be fully or partially imposed by the court on the culprit himself.

Persons who have rendered themselves incapacitated themselves (through the use of alcohol, drugs, etc.) are not subject to exemption from compensation for damage. If the person who caused the harm had a mental disorder that was not recorded by medical workers due to the lack of appeal from their capable relatives, the obligation to compensate for the harm falls on the able-bodied relatives.

Liability for damage from a source of increased danger

The second part of Article 1079 of the Civil Code establishes that citizens and legal entities using sources of increased danger (vehicles, machinery, poisons, explosives, etc.) must compensate for the damage caused by this source. Exemption from liability is possible only if the guilt of the victim is established or due to force majeure.

The same norm contains an approximate list of such sources. The list is incomplete, as new types of objects are constantly appearing that are potential causes of harm to citizens. Holding liable for harm caused by such a source is possible subject to the occurrence of negative consequences and the connection between the action and the harm. The guilt of the perpetrator does not matter.

According to the provisions of Article 202 and the first part of Article 401 of the Civil Code, force majeure is an extraordinary circumstance that arose not through the fault of the person causing harm. This list includes natural disasters, military operations, blockades, etc.

The defendant in applications for compensation for property damage caused by sources of serious danger is the owner of the object or another person who disposed of it at the time the damage was caused.

If during the consideration of the case it is established that the source of danger at the time of causing harm was in the possession of another person on illegal grounds (hijacked, stolen, etc.), the guilt is assigned to the one in whose possession the thing was at the time of the offense.

If the harm was caused as a result of the interaction of sources of danger (for example, a traffic accident), the person whose guilt is proven bears responsibility. In case of mutual fault, the damage is not subject to compensation.

If the defendant was at fault and the victim was grossly negligent, the amount of compensation may be reduced. If, due to the gross negligence of the victim, the defendant was not at fault, he is released from compensation in full.

Types of harm caused by crime

According to Art. 42 of the Code of Criminal Procedure of the Russian Federation, a victim is a person to whom moral, property or physical harm has been caused by a crime. Based on this definition, the types of harm caused by a crime are distinguished, namely: property, physical and moral harm. If a crime is committed by a group of persons, then both the perpetrators and the instigators and accomplices bear financial liability in a civil suit. If the harm caused by the crime is compensated before the trial, or the person’s claim is denied in civil proceedings, then he loses the right to file this claim in criminal proceedings. Property damage means a violation of the right to use, own and (or) dispose of property, material assets and money belonging to an individual or legal entity.

In civil law, the concept of property damage is defined as losses. According to Art. 15 of the Civil Code of the Russian Federation, losses are understood as expenses that a person (whose right has been violated) has made or must make to restore the violated right or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profits). In criminal proceedings, property damage has a certain peculiarity. During the disclosure, investigation and consideration of a criminal case in court, the determination and proof of actual harm, understood as the derogation of a particular property benefit, which is the specific object of the attack, is of decisive importance.

It should be noted that there is no damage subject to compensation if the thing that is the subject of a criminal attack is returned to the victim and its return fully restores the property rights of the victim. If the thing is damaged or has lost its original qualities due to the fault of the accused, then the presence of property damage is obvious. In this situation, the victim can demand the amount by which the value of the thing has decreased, or demand the amount spent on repairing the thing. The victim also has the right to refuse the item, demanding compensation for its value, taking into account wear and tear.

In case of theft, damage or destruction of property or other material assets in the possession of a person who is not their owner (for example, an employer, custodian, lessee), a civil claim may be brought by the owner or legal owner of this property or other material assets, provided that: that this person, in accordance with the norms of civil law, has the right to demand compensation for the harm caused to him. Physical harm is expressed in disruption of the functioning of the human body associated with causing bodily harm to a person, health problems or deprivation of life. In a legal sense, physical harm cannot be compensated; restoration of health is a medical problem. Funds spent on the treatment of victims are subject to compensation as part of the declared civil claim. If the treatment was paid for by the victim, then in accordance with Art. 1085 of the Civil Code of the Russian Federation, the right to file a civil claim for compensation of these funds appears against the accused or against the person responsible for his unlawful behavior.

Medical institutions can act as civil plaintiffs if they incurred expenses for providing medical care to the victim, or insurance organizations if they paid money to medical organizations within the framework of the Federal Law of the Russian Federation “On Compulsory Medical Insurance in the Russian Federation.”

Moral harm is understood as moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by force of law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc. .), or violating his personal non-property rights (the right to use his name, the right of authorship and other non-property rights in accordance with the laws on the protection of rights to the results of intellectual activity) or violating the property rights of a citizen. Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, disclosure of family or medical secrets, dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restrictions or deprivation of any rights, physical pain associated with injury, other damage to health or in connection with a disease suffered as a result of moral suffering, etc.

It is particularly difficult to distinguish moral harm, accompanied by physical suffering, from physical harm. Physical suffering is inherently a negative reaction of the human body to stimuli. The most typical such reaction is pain - a peculiar psychophysiological state of a person that arises as a result of exposure to super-strong or destructive stimuli that cause organic or functional disorders in the body. In the vast majority of cases, when physical harm is caused, a person experiences pain. But this does not mean that physical harm is the same as physical suffering. These concepts are essentially different. Medical reference books indicate that an objective assessment of pain in a person is difficult, and the intensity of pain depends on a number of factors: the type of higher nervous activity of the patient, his psychological mood, emotional background, the environment in which the patient is located; in addition, strong motivations, efforts of the will of the patient himself, switching attention to some kind of intellectual activity, etc. Physical harm, as a concept, objectively reflects the state of the human body. However, in some cases, when physical harm (even severe) is caused, there may be no pain, for example, when drugs and analgesics are administered or when there is a mental disorder (some forms of schizophrenia, extensive damage to the frontal lobes of the brain, alcohol intoxication).

There is also an innate absence of pain (analgia). Thus, when a crime causes physical harm, situations are quite possible when pain (physical suffering) is absent. When proving physical suffering, the first priority is to establish the fact of its existence. The occurrence of pain is accompanied by a number of changes in the body, ensuring the statics and kinetics of the body, etc. These changes are objective in nature and manifest themselves in the form of negative reactions, accompanied by an increase in body temperature, increased heart rate, etc. The necessary evidence is the testimony of the victim, since it is he who feels the physical suffering. An example of the difference between physical harm and physical suffering is the following situation. As a result of the crime, serious harm was caused to the citizen's health (according to the duration of the health disorder). The victim is in the hospital, unconscious.

The presence of physical harm is beyond doubt, and the degree of its severity can be determined through a forensic medical examination. Regarding physical suffering, we can say that the fact of their existence is presumed (assumed), but it is difficult to assess their degree. Any assumption about the pain experienced by the patient is probabilistic to one degree or another and, therefore, cannot be used as the basis for the conclusion of the investigator or the court about the existence of moral harm. Thus, moral harm must be established and proven as an independent type of harm. The court has the right to consider an independently filed claim for compensation for moral or physical suffering (moral damage) caused to the plaintiff, since, by virtue of the current legislation, liability for moral damage caused is not directly dependent on the presence of property damage and can be applied both along with property liability and independently .

When deciding on compensation for moral damage, it is necessary to take into account: the nature of the physical and moral suffering caused to the victim, the degree of guilt of the harm-doer, guided by the requirements of reasonableness and fairness. If moral damage is caused by the criminal actions of several persons, it is subject to compensation on a shared basis. The nature of physical and moral suffering is established taking into account the actual circumstances in which moral harm was caused, the behavior of the defendant immediately after the crime was committed (for example, providing or not providing assistance to the victim), the individual characteristics of the victim (age, state of health, behavior at the time of the crime, etc.) etc.), as well as other circumstances (for example, loss of work by the victim).

Legal entities have the right to compensation for non-material damage only if their business reputation has been damaged as a result of a crime. Damage caused as a result of criminal actions that undermine the business reputation of a legal entity is subject to compensation according to the rules for compensation for damage to a citizen’s business reputation (clause 7 of Article 152 of the Civil Code of the Russian Federation).

Liability for damage to the health or life of a citizen

The second part of Article 1084 determines that harm caused to a citizen during the performance of contractual or official obligations is compensated according to the general rules of civil law, unless a higher amount of compensation is provided for by the contract or special law.

According to the second part of Article 1084 of the Civil Code, if harm was caused to a person’s health (mutilation, damage to health, and so on), he is compensated not only for the harm itself, but also for the earnings lost during the period of incapacity. Also eligible for reimbursement are the costs of treatment, medications, retraining for another profession (if the victim is unable to engage in his previous job due to injuries incurred as a result of the harm), etc. If the victim was assigned benefits, benefits or other additional payments, this does not affect the amount of compensation collected from the guilty person.

Lost earnings are calculated based on the average earnings of the victim over the last twelve months and the number of days of incapacity for work. This amount includes all income that the victim could have received if he had been able to work.

If, after the harm caused, the victim needed care, the costs for this are also subject to compensation. If the damage caused causes the death of the victim, close relatives of the deceased have the right to receive compensation.

What can be classified as damage on a large scale under the Criminal Code of the Russian Federation?

The article talks about various measures of influence exerted on caught criminals for causing harm to the state (especially large damage under the Criminal Code of the Russian Federation).

It also explains what amounts and for what actions from the Criminal Code can be attributed to them.

The text contains mention of measures to suppress economic crimes and fraud in the field of entrepreneurship, high technology and real estate.

Multi-channel free hotline Legal advice on criminal law. Daily from 9.00 to 21.00 Moscow and region: +7 (495) 662-44-36 St. Petersburg

General concepts

Particularly large and large damages according to the Criminal Code of the Russian Federation can be caused due to criminal actions of officials, ordinary citizens or organized gangster groups. The Criminal Code of the Russian Federation contains information about all possible criminal acts that are punishable.

In addition to attacks on human rights, freedoms, and human health, Chapter 21 of the Criminal Code of the Russian Federation has a list of violations and actions of subjects of forensic legal relations, which are usually aimed at the unlawful seizure or seizure of property of third parties.

All these actions can manifest themselves in the following forms:

• theft (Article 158 of the Criminal Code of the Russian Federation);
• fraud (Article 159 of the Criminal Code of Russia);
• robbery (Article 161 of the Criminal Code);
• robbery (Article 162 of the Criminal Code of the Russian Federation);
• other illegal actions.

The acts are usually carried out by an individual or group of individuals either intentionally or through negligence.

Regardless of the severity, all criminal acts cause some kind of damage. In criminal law, damage can be calculated in small, medium, especially large and large amounts. Moreover, for each type of sanctions they differ.

Definition of fraud and possible extent of harm under the Criminal Code of the Russian Federation

One of the most common and therefore dangerous methods of theft is the method using fraudulent schemes. The concept of “fraud”, defined in Part 1 of Art. 159 of the Criminal Code, means the illegal seizure of the right to the property of citizens through abuse of someone else's trust and deception.

Based on the definition of fraud, it is clear that its main feature is deception. This distinguishes it from the definition of “damage in criminal law”.

Typically, deception involves reporting false information or information, misleading citizens, or keeping silent about facts that a person was obliged to provide to the victim.

Without sensing the underlying reason, the citizen personally transfers the property to the scammers, mistakenly believing that the latter have the right to it.

In ch. 22 of the Criminal Code of Russia determines the amount of damage. There, the magnitude of a particularly large loss caused is in the millions. In paragraphs 158 to 165 of Chapter 21 of the Criminal Code of the Russian Federation, the damage varies from 250 thousand to 1.5 million rubles, which is considered significant for the majority of citizens of the country.

Forms and types of fraud, as well as areas of crime with the possibility of theft in significant amounts.

Deception comes in the following forms:

• carried out using forged documents (for illegal receipt of pensions, cash payments and regular benefits);
• falsification of transactions related to electronic money is used (transfer of amounts for personal use using fictitious agreements, contracts for the provision of services);
• concealment of circumstances.

The damage depends on the types and forms of crimes. So, for fraud on a significant scale, estimated at 1.5 million rubles.

It is possible:

• in the credit or insurance sector;
• in the field of Internet banking (online payments using plastic cards);
• in the field of computer technology;
• in the field of entrepreneurship;
• in real estate.

Regardless of the form and industry in which deception and fraud is carried out, criminals must be punished.

Particularly large-scale and large-scale debt levels

Based on the latest changes that have occurred in some parts of the Code, large debt, income or major damage (according to the Criminal Code of the Russian Federation) amount to more than a million. This information is not applicable to 199 and 199.1, 198, 194, 193, 185-185.4, 174 and 174.1 of the Criminal Code.

The defendant can repay his debt to society and the state not only by making a money transfer in the amount of the established fine, but also through compulsory, corrective, forced labor or by being in prison for a period established by the court.

For criminal punishment for causing harm, the following terms, fines and works useful for society are provided. In any case, preventive measures and the degree of compensation for damage to victims are decided in open court after a public hearing of the case.

In what amounts is the amount of damage expressed?

Causing harm or theft of property exceeding 250 thousand is a large sum for the victim.

For Article 158 of the Criminal Code of the Russian Federation, significant damage is considered to be theft of an amount of more than 5 thousand. Solid or especially significant damage in criminal law is 250 thousand or 1 million, respectively.

If we consider in detail the possible scale of losses caused under all points of Art. 159 of the Criminal Code parts 5, 6 and 7 (for fraud), punishable by penalties of the Criminal Code, then significant damage under the UKRF will amount to more than 10 thousand rubles. Large and especially large damage exceeds 3 and 12 million rubles.

The impressive amount of material damage under Art. 159.6, 159.5 and 159.3 is considered an amount of 1.5 million rubles, and a particularly large amount is 6 million.

Theft

The concept of damage (in criminal law) is a dependent category.

Theft is understood as the gratuitous, unlawful seizure of material assets from the victim by a criminal. Theft is carried out, as a rule, either in the presence of the injured party, or in secret from it.

Since the degree of punishment and the amount of compensation depend on the magnitude of the harm caused, it is worth paying special attention to the qualifying features of the crime. Theft in an amount of at least 1 thousand rubles is criminally punishable; for amounts of damage below the minimum, penalties are applied in accordance with the Code of Administrative Offences.

The qualifying features of a criminal act include:

1. The size of the malicious actions caused.
2. Organized theft carried out by a group of persons.
3. Unauthorized entry of criminals onto property.
4. Preliminary conspiracy.
5. Large and particularly significant losses.
6. Confiscation of real valuables from the victim’s luggage.

Possible fines and terms for committing theft are clearly stated in the Criminal Code of Russia. Only an amicable agreement with the injured party and the presence of mitigating circumstances can influence the extent and severity of the crime.

Robbery

This term implies: “taking possession of someone else’s property in broad daylight with the possibility of using physical force.” Legally, a robbery can have an unfinished or completed status, depending on whether the criminal was able to use the things, documents, money, and valuables taken from the victim or not. The status of the criminal act influences the decision made by the court.

Aggravating circumstances of robbery:

1. Unlawful entry of a criminal into private property.
2. The actions of a group of people in a pre-agreed manner.
3. Robbery using physical force that resulted in loss of life or health.
4. The large-scale value of losses is from 250 thousand to 1 million rubles, in banking or insurance organizations - one and a half million rubles.

Since robbery is a more blatant and deliberate form of theft, then, accordingly, the penalties for those who dare to commit it are more serious than for criminal acts under Art. 158 of the Criminal Code.

Robbery

Organizing a robbery attack, that is, taking material assets using force, unlike a previous criminal act, is almost always associated with grave consequences for the life and health of the victim.

And in this case, it will not be so easy for the guilty party to achieve reconciliation with the victim’s side by handing over a bribe with the wording “for compensation for moral costs.”

Because there is no universal answer to the question, how much is human life and health worth?

Aggravating circumstances of this type of crime include:

1. Unlawful entry into private property.
2. The threat or fact of using weapons and violence against the victim of the incident.

Robbery carried out by an organized community of criminals on a particularly large scale or causing harm to the vital functions of the victim’s body is punished more severely than all others.

Regardless of the severity of crimes punishable by penalties, information on the possible meaning of penalties for causing harm in any amount is contained in the Russian Crime Code, as amended and supplemented for the current year. The only thing that should be additionally mentioned is that the death of the victim as a result of unlawful actions classified as Art. 159 of the Criminal Code, reclassifies the criminal act for consideration of the case under Art. 162 of the Criminal Code of Russia, as “robbery”.

It is important to know that when repeated, each individual episode is charged separately, and the amount of theft is determined based on the value of the property that the perpetrator took possession of separately for each episode. In the case of a continuing crime, the total amount of the stolen goods is charged, regardless of the number of stages of theft.

Nature and scope of responsibility

The first part of Article 393 and the second part of Article 1064 of the Civil Code establishes the principle of full compensation for harm caused. The court, based on the victim’s application, determines the amount of damage and the method of compensation (in monetary terms, in kind or by carrying out repairs at the expense of the culprit, and so on). Judicial practice shows that in most cases the victim asks to recover monetary compensation for the harm caused.

The defendant's guilt is considered to be established in advance. If the defendant claims additional guilt of the victim, he is obliged to prove it. Based on the financial situation of the culprit, the court may reduce the amount of compensation.

Moral injury

Russian legislation regulates not only compensation for property, but also compensation for moral damage. Its procedure is established by the norms of Article 151 and Articles 1099-1101 of the Civil Code.

According to the legislation, if, along with property damage, a citizen is caused moral suffering, they are subject to compensation in the cases provided for by legal norms. Moral damage can be caused both by the actions and inactions of other persons. In some cases, moral damage occurs without causing property damage.

The guilt of the defendant does not matter if we are talking about causing moral or physical harm from a source with increased danger, as well as causing moral harm by illegal conviction or criminal prosecution. This is enshrined in the second part of Article 1100 of the Civil Code.

Amount of compensation for moral damage

The amount of compensation for moral damage is calculated in monetary terms. The amount of compensation is determined based on the degree of guilt of the tortfeasor and the nature of the moral or physical suffering suffered by the victim. Fault is determined without fail in cases where it is the basis for awarding compensation.

According to the second part of Article 1101, the determination of the amount of compensation for moral damage must be made in compliance with the requirements of fairness and reasonableness. The assessment by the judicial authority of the nature of the moral and physical suffering of the victim must be made taking into account the real (factual) circumstances of the case, the characteristics of the victim, and so on.

If the moral and physical suffering suffered by the victim caused various violations, due to which the citizen had to seek qualified help from specialists, the amount of moral harm will be higher. The courts do not have a uniform position regarding the calculation of the amount of compensation for (moral) damage, so each judge calculates the amount independently.

Compensation for property damage is accompanied by the provision of a large number of documents proving the guilt of the tortfeasor and the amount of damage received by the victim. Therefore, in the event of damage, it is necessary to record and document everything in detail in order to receive the required compensation within a reasonable time.