В ГК РФ может появиться система компенсаций за незаконное уголовное преследование

Наталья Ключевская

В ГК РФ может появиться система компенсаций за незаконное уголовное преследование
EdZbarzhyvetsky / Depositphotos.com

Группа депутатов Госдумы во главе с Сергеем Мироновым внесла в нижнюю палату парламента соответствующий законопроект.

Предлагается дополнить Гражданский кодекс новой статьей, закрепив в ней минимальные размеры компенсации морального вреда за каждый день незаконного:

уголовного преследования на этапе предварительного расследования и судебного следствия (при условии, что к гражданину не применялись меры пресечения в виде подписки о невыезде, запрета определенных действий, домашнего ареста и заключения под стражу) – не менее 1 тыс. руб.; применения мер пресечения в виде домашнего ареста, подписки о невыезде, запрета определенных действий – не менее 5 тыс. руб.; содержания несовершеннолетнего под стражей либо лишения свободы, а также незаконного применения мер медицинского характера и мер воспитательного воздействия – не менее 15 тыс. руб.

В случае одобрения инициативы1 указанные нижние пределы компенсации морального вреда начнут применяться с 1 января 2020 года. При этом они ежегодно должны будут индексироваться с учетом уровня инфляции.

Подчеркивается, что законопроектом предусмотрен только нижний порог компенсаций – суд вправе назначать и большие суммы. «Мы лишь предлагаем минимальные гарантии выплат для граждан, которые оказались невинными жертвами судебно-следственной системы. Что особенно актуально с учетом обвинительного уклона нашего правосудия», – отметил Сергей Миронов.

Является ли явное несоответствие между характером страданий и размером компенсации морального вреда основанием для отмены соответствующего судебного решения? Узнайте из «Энциклопедии судебной практики» в интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!

Также в числе предлагаемых поправок – необходимость учета результатов назначенной судом экспертизы при принятии решения о возмещении морального вреда. По мнению парламентариев, такое уточнение устранит неясность в основаниях принятия судебного решения о размере компенсации. Напомним, сегодня размер компенсации морального вреда определяется судом в зависимости от характера причиненных потерпевшему физических и нравственных страданий, а также степени вины причинителя вреда в случаях, когда вина является основанием возмещения вреда. При этом учитываются требования разумности и справедливости (п. 2 ст. 1101 ГК РФ). 

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1 С текстом законопроекта № 729341-7 «О внесении изменений в Гражданский кодекс Российской Федерации в части установления минимального размера компенсации морального вреда за незаконное уголовное преследование» и материалами к нему можно ознакомиться на официальном сайте Госдумы.

Источник: garant.ru

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With havin so much written content do you ever run into any issues of plagorism or copyright infringement? My site has a lot of unique content I’ve either written myself or outsourced but it looks like a lot of it is popping it up all over the internet without my agreement. Do you know any methods to help stop content from being stolen? I’d really appreciate it.

Hello would you mind letting me know which web host you’re using? I’ve loaded your blog in 3 different internet browsers and I must say this blog loads a lot faster then most. Can you suggest a good web hosting provider at a reasonable price? Kudos, I appreciate it!

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Hiya! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My blog looks weird when viewing from my iphone. I’m trying to find a template or plugin that might be able to resolve this problem. If you have any recommendations, please share. Thanks!

Can I simply say what a aid to find someone who really is aware of what theyre talking about on the internet. You positively know the way to carry an issue to gentle and make it important. More people need to read this and perceive this facet of the story. I cant believe youre no more well-liked because you definitely have the gift.

Я восхищен глубиной исследования, которое автор провел для этой статьи. Его тщательный подход к фактам и анализу доказывает, что он настоящий эксперт в своей области. Большое спасибо за такую качественную работу!

Я бы хотел отметить актуальность и релевантность этой статьи. Автор предоставил нам свежую и интересную информацию, которая помогает понять современные тенденции и развитие в данной области. Большое спасибо за такой информативный материал!

Я ценю фактический и информативный характер этой статьи. Она предлагает читателю возможность рассмотреть различные аспекты рассматриваемой проблемы без внушения какого-либо определенного мнения.

Yesterday, while I was at work, my cousin stole my iPad and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is entirely off topic but I had to share it with someone!

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