O.  Bartkova

Correlation of the conditions for the realization of the right to rehabilitation of the deceased accused and the right of his heirs to compensation for harm (on the example of a court dispute)

Authors

O. Bartkova

Keywords:

harm, tort, illegal actions, state bodies, compensation for harm, compensation for moral harm, grounds and conditions for compensation for harm, right to rehabilitation, wrongfulness, guilt.

Abstract

The legal significance of the correctness of determining the range of conditions that constitute the grounds for compensation for harm is substantiated. The right of a citizen to compensation for harm related to criminal prosecution has features that distinguish it from the right to compensation for harm to other individuals, including compensation for harm, claims for which can be made by the heir of the deceased accused. At the same time, it is important to take into account the correlative nature of these rights. Special attention in the study is given to the issue of the need to differentiate the grounds of responsibility established by Article 1070 and paragraph 1 of Article 1069 of the Civil Code of the Russian Federation in relation to the category of accused and their heirs. On the basis of a specific civil dispute and judicial acts in which its circumstances are investigated, the author analyzes certain mistakes made by judicial authorities when considering such a dispute. Several additional conclusions to the judicial positions have been formulated.

Correlation of the conditions for the realization of the right to rehabilitation of the deceased accused and the right of his heirs to compensation for harm (on the example of a court dispute)