Постановление Европейского суда по правам человека от 17.06.2010 «Дело Щербаков (Shcherbakov) против России» [англ.]

espective of whether the damage occurred as a result of misconduct on the part of investigating officials, the prosecutor's office or the courts.
Pursuant to Section 1100 (3) of the Civil Code, the citizen is compensated for non-pecuniary damage irrespective of the wrongdoer's fault if the damage was inflicted as a result of his unlawful conviction, criminal prosecution, unlawful detention or an undertaking not to leave a place of residence, applied as a measure of restraint, unlawful imposition of an administrative punishment in the form of arrest or correctional works.
When partly allowing [Mr] Shcherbakov's claims, the [first-instance] court correctly relied on the above-mentioned legal provisions and Section 1069 of the Civil Code of the Russian Federation and also correctly proceeded from the fact that plaintiff Shcherbakov had been unlawfully prosecuted and unlawfully detained.
By decisions of 25 July 2002 the Tula Regional Court discontinued criminal proceedings against [Mr] Shcherbakov in accordance with Section 24 § 1 (2) of the Code of Criminal Procedure of the Russian Federation (lack of corpus delicti in his actions).
Accordingly, the [first-instance] court's judgment ordering the Ministry of Finance of the Russian Federation to pay plaintiff Shcherbakov non-pecuniary damages in the amount of RUB 300,000 is correct.
When resolving the dispute as to the amount of the compensation, the court correctly fixed it at RUB 300,000. It arrived at that conclusion in accordance with Articles 151 (2) and 1101 of the Civil Code and having taken into account specific circumstances in which the harm had been caused and evidence produced by the plaintiff and concerning the nature of physical and moral suffering inflicted on him as a result of his unlawful criminal prosecution and unlawful detention, and also the requirements of reasonableness and justice.
...
As to the plaintiff's argument that, the [first-instance] court had refused to apply [a particular method] in calculating the amount of the award, it is unsustainable because, according to Article 1101 of the Civil Code, in each particular case the courts take into account particular circumstances in which mental and emotional harm had been caused, as well as the personal characteristics of the victim and the requirements of reasonableness and justice".

II. Relevant domestic law

A. The Code of Criminal Procedure

1. Termination of criminal proceedings

39. Article 24 § 1 (2) of the Code provides that criminal proceedings should be terminated if there is lack of corpus delicti (evidence of a crime).

2. The right to rehabilitation

40. The right to rehabilitation is governed by Chapter 18 of the Code.
41. Article 133 § 2 (3) provides that a person accused of or charged with a criminal offence, against whom the criminal proceedings were terminated for, in particular, the lack of corpus delicti, has the right to rehabilitation, i.e. the right to claim damages in connection with his criminal prosecution.
42. Article 133 § 1 establishes that the right to rehabilitation includes the right to claim pecuniary and non-pecuniary damages and also the entitlement to have one's labour-, pension-, housing- and other rights restored.
(a) Compensation for pecuniary damage
43. Article 135 § 2 provides that the rehabilitated person is to address his or her claims for compensation for pecuniary damage to the body which issued the decision to discontinue the criminal proceedings against him or her.
44. Under Article 135 § 1, a rehabilitated person may recover in compensation for pecuniary damage, among other things, (a) salary, pension and other payments of which he or she was deprived in connection with his or her criminal pros

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