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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 26, 2021 No. 45-P

On the case of check of constitutionality of Article 151 of the Civil code of the Russian Federation in connection with the claim of the citizen S.F. Shilovsky

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

with participation of the applicant - the citizen S.F. Shilovsky and his representative - the lawyer O. V. Garkusha, the representative of the Federation Council - the doctor of jurisprudence I. V. Rukavishnikova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation A. V. Konovalov,

being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of Article 151 of Civil Code of the Russian Federation in open session.

Reason for consideration of the case was the claim of the citizen S.F. Shilovsky. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker S. P. Mavrin, explanation of agents of the parties, speeches of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky, and also invited in meeting of representatives: from the Ministry of Justice of the Russian Federation - D. S. Korotkova, from the Prosecutor General of the Russian Federation - V. V. Rosinsky, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Article 151 of Civil Code of the Russian Federation if moral harm (physical or moral sufferings) by the actions violating its personal non-property rights or encroaching on the non-material benefits belonging to the citizen and also in other cases provided by the law is done to the citizen, the court can assign to the violator obligation of monetary compensation of the specified harm (part one); in case of determination of the amount of compensation of moral harm the court takes degree of fault of the violator and other circumstances deserving attention into account; the court shall consider also degree of the physical and moral sufferings connected with specific features of the citizen to whom harm (part two) is done.

1.1. Constitutionality of this Article is disputed by the citizen S.F. Shilovsky recognized as the victim on the criminal case brought concerning the citizen I. on essential elements of offense, provided by part two of article 159 UK of the Russian Federation (the fraud committed by group of persons by previous concert, and is equal with causing significant damage to the citizen).

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