Постановление Европейского суда по правам человека от 18.03.2010 «Дело Максимов (Maksimov) против России» [англ.]

ngs or prevent access to a court.

B. Civil-law remedies against illegal
acts by public officials

51. The relevant provisions of the Civil Code of the Russian Federation (of 30 November 1994) read as follows:
Article 150. Incorporeal assets
"1. An individual's life and health, dignity, personal integrity, honour and goodwill, professional reputation, the inviolability of his or her private life, personal and family secrets, the right to liberty of movement and to choose his or her place of temporary and permanent residence, the right to a name, copyright, other personal non-property rights and other incorporeal assets which a person possesses by virtue of birth or by operation of law shall be inalienable and shall not be transferable by any means..."
Article 151. Compensation for non-pecuniary damage
"If certain actions impairing an individual's personal non-property rights or encroaching on other incorporeal assets have caused him or her non-pecuniary damage (physical or mental suffering)... the court may require the perpetrator to pay pecuniary compensation for that damage..."
52. Article 1064 § 1 of the Civil Code of the Russian Federation provides that damage caused to the person or property of a citizen must be compensated for in full by the tortfeasor. Under Article 1069, a State agency or a State official whose unlawful actions or failure to act cause damage to an individual will incur liability. Such damage is to be compensated for at the expense of the federal or regional treasury. Articles 1099 - 1101 of the Civil Code provide for compensation for non-pecuniary damage. Article 1099 states, in particular, that compensation must be awarded for non-pecuniary damage irrespective of any award for pecuniary damage.

THE LAW

I. Alleged violation of Article 13 of the Convention

53. The applicant, invoking Article 13 of the Convention, complained that the domestic courts' refusal to award him sufficient compensation for the damage caused by police officer N. had deprived him of an effective remedy in respect of his complaint of ill-treatment. Article 13 reads as follows:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. Submissions by the parties

54. The Government submitted that the applicant's right guaranteed by Article 13 of the Convention had been fully respected as police officer Mr N., who had broken into the applicant's house and had beaten him and his daughter up, had been convicted and sentenced to imprisonment. In addition, compensation of RUB 25,000 had been awarded to the applicant and his daughter. The Government stressed that the applicant's tort action against State bodies, including the Yemelyanovskiy district police department which had employed officer N., had lacked any legal basis as "dual compensation for non-pecuniary damage caused by the same actions of the person concerned [was] impossible".
55. The applicant averred that when the domestic courts awarded insufficient compensation for damage caused by the unlawful actions of a State official and when such compensation was not even paid, the State should bear subsidiary liability and should provide compensation for the damage caused by the actions of its agent. However, in his case the domestic courts had unlawfully refused to take into account the particular circumstances: the insufficiency of the compensation, his inability to obtain it and the responsibility of the State to provide effective protection of rights and to remedy violations of those rights, particularly when they had been perpetrated by State agents

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