RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 26, 2010 No. 1

About application by courts of the civil legislation governing the relations according to obligations owing to damnification of life or to health of the citizen

The Universal Declaration of Human Rights proclaims the right of everyone to life (Article 3). Obligation of establishment of such living standards which are necessary for maintenance of health him both his family, and providing in case of disease of disability or other case of loss of means of livelihood is owing to circumstances provided in Article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights.

Provisions of the called international acts are reflected also in the Constitution of the Russian Federation.

The right to life and health protection is among the conventional, main, inaliennable human rights and freedoms which are subject to the state protection; The Russian Federation is the social state which policy is directed to creation of the conditions providing worthy human life (Article 2 and 7, part of 1 Article 20, article 41 of the Constitution of the Russian Federation).

In development of provisions of the Constitution of the Russian Federation the corresponding legal acts directed to protection of health of citizens and compensation to them the harm done by mutilation or other damage of health are adopted. The general provisions regulating conditions, procedure, the amount of the indemnification caused to life or health of the citizen contain in the Civil code of the Russian Federation (Chapter 59).

In view of that during application of the civil legislation governing the relations according to obligations owing to damnification of life or to health of the citizen courts had questions requiring permission, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, for the purpose of ensuring unity of court practice and legality decides to make to courts the following explanations:

1. Owing to Item 1 of part 1 of article 22 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) the case on disputes on indemnification caused to life or health of the citizen are subordinated to courts of law.

The specified cases, including on compensation of moral harm in case of damnification of life or to health of the citizen, according to articles 23 and 24 CCP of the Russian Federation are jurisdictional to district courts.

2. Compensatory actions, caused by mutilation, other damage of health or as a result of the death of the supporter, including compensation claims of moral harm, can be shown by the citizen as by the general rule of territorial cognizance - at the place of residence of the defendant (in the organization location), and in court in the place of the residence or the place of damnification (articles 28 and 29 CCP of the Russian Federation).

Claimants according to compensatory actions, caused by mutilation or other damage of health, and also the death of the supporter, according to the subitem 3 of Item 1 of Article 333.36 of part two of the Tax Code of the Russian Federation (further - the Tax Code of the Russian Federation) are exempted from payment of the state fee.

In case of satisfaction of requirements of the claimant the court costs incurred by it on case are subject to compensation by the defendant in the rules provided by articles 98 and 100 CCP of the Russian Federation.

The state fee from which payment the claimant was exempted is collected in the relevant budget from the defendant if it is not exempted from payment of the state fee, in proportion to the satisfied part of claims (part 1 of article 103 CCP of the Russian Federation, the subitem 8 of Item 1 of Article 333.20 of part two of the Tax Code of the Russian Federation).

3. According to part 3 of article 45 CCP of the Russian Federation the prosecutor has the right to be involved in hearing of cases about indemnification, the citizen caused to life or health, including on cases on compensation of the moral harm done by damage of health or the death of the supporter. Absence of the prosecutor informed on time and the place of consideration of the case is not obstacle to case trial.

4. If after decision of court the mechanism of indexation of monthly compensation amounts of harm determined in the decision was changed in legislative procedure, then this circumstance is not the basis for cancellation of the decision as does not influence its being (does not change the amount of the indemnification determined by court to collection, and only reflects the nominal growth of the collected amounts in connection with inflationary tendencies). In the specified case the court which considered case according to the statement of persons participating in case has the right to change procedure for execution of this decision according to article 203 CCP of the Russian Federation, having used the new mechanism of indexation.

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