of January 20, 2009 No. 12/3n
About interaction of bodies of prosecutor's office and Ministry of Finance of the Russian Federation in case of receipt of data on appeal to the court of the citizen with the claim (statement) for indemnification caused as a result of illegal criminal prosecution
In recent years the increasing number of citizens turn to the courts with statements for compensation of the material and moral harm done as a result of illegal criminal prosecution. The quantity granted by courts of claims and applications of this category grows.
Owing to requirements of Art. 1070 of the Civil Code of the Russian Federation the harm done to the citizen as a result of illegal criminal prosecution is collected at the expense of means of treasury of the Russian Federation. In cases of consideration of actions for declaration of citizens about compensation of damage according to the procedure of civil legal proceedings on behalf of treasury of the Russian Federation the Ministry of Finance of the Russian Federation which is recruited in cases in quality of the defendant, and bodies of prosecutor's office - as the third party acts.
In practice of consideration of the applications about indemnification the different interpretation of the existing procedural legislation takes place. In a number of regions bodies of prosecutor's office in case are not recruited.
For the purpose of uniformity of application of the procedural legislation and streamlining of the organization of the work connected with consideration of claims for compensation for the account of means of treasury of the Russian Federation of the harm done to the citizen as a result of illegal criminal prosecution we order:
1. To the chiefs of head departments and managements of the Prosecutor General's Office of the Russian Federation, prosecutors of subjects of the Russian Federation equated to them to military prosecutors and prosecutors of other specialized prosecutor's offices according to the established competence:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.