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

9;s office

46. On 18 February 2002 the applicant complained before the courts that officials from the Krasnoyarsk regional prosecutor's office had not examined his complaints properly and had also intercepted his complaints to the Prosecutor General of the Russian Federation. On 17 April 2002 the Krasnoyarsk Regional Court disallowed the claim because the applicant had failed to comply with the procedural requirements for lodging such a complaint.

4. Tort action

47. The applicant brought an action before the Sverdlovskiy District Court against the Russian Ministry of Finance, the Ministry of the Interior, officials of the Krasnoyarsk regional and Sverdlovsk district prosecutors' offices and the Sverdlovskiy district police department. He sought compensation for damage caused by the police officers on 19 December 2001 on account of his arrest, ill-treatment and search and the forgery of administrative records concerning him.
48. On 26 December 2003 the Sverdlovskiy District Court dismissed the applicant's action, relying on the deputy prosecutor's decision of 18 March 2003 and citing Articles 151, 1064 and 1070 of the Russian Civil Code. The reasoning of the District Court read as follows:
"Taking into account the circumstances established and having regard to the legal norms cited, the court does not see any ground to allow the action as it is unsubstantiated; [the applicant] did not provide the court with any evidence showing that he had sustained damage as a result of unlawful actions on the part of the police officers and prosecution authorities. At the same time, the lawfulness of the police officers' and prosecution authorities' actions... was thoroughly looked into on a number of occasions and was confirmed by the decision of 17 July 2003 of the Sverdlovsk District Court of Krasnoyarsk, as upheld on appeal by the Krasnoyarsk Regional Court on 16 September 2003.
[The applicant's] allegations that he sustained non-pecuniary damage as a result of unlawful actions on the part of the police officers and prosecution authorities are manifestly ill-founded having regard to the grounds which [the court took into account] in dismissing the action."

II. Relevant domestic law

A. Criminal-law remedies against illegal acts of public
officials Investigation of criminal offences

49. Article 117 § 2 (f) of the Criminal Code of the Russian Federation makes acts of torture punishable by up to seven years' imprisonment. Under Article 286 § 3 (a) and (c) abuse of an official position associated with the use of violence or entailing serious consequences carries a punishment of up to ten years' imprisonment.
50. The Code of Criminal Procedure of the Russian Federation (in force since 1 July 2002, "the CCrP") provides that a criminal investigation may be initiated by an investigator or a prosecutor following a complaint by an individual or on the investigative authorities' own initiative, where there are reasons to believe that a crime has been committed (Articles 146 and 147). A prosecutor is responsible for overall supervision of the investigation (Article 37). He can order specific investigative actions, transfer the case from one investigator to another or order an additional investigation. If there are no grounds to initiate a criminal investigation, the prosecutor or investigator issues a reasoned decision to that effect, which has to be notified to the interested party. The decision is amenable to appeal to a higher-ranking prosecutor or to a court of general jurisdiction under a procedure established by Article 125 of the CCrP (Article 148). Article 125 of the CCrP provides for judicial review of decisions by investigators and prosecutors that might infringe the constitutional rights of the participants in proceedi



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