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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 14, 2000 No. 35

About some questions arising by hearing of cases, connected with realization by disabled people of the rights guaranteed by the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP

(as amended on on May 11, 2007)

Having discussed materials of the carried-out generalization of practice of consideration by courts of the cases connected with realization by disabled people of the rights granted to them by the Law of the Russian Federation of May 15, 1991 N1244-1 "About Social Protection of the Citizens Who Were Affected by Radiation owing to Catastrophic Crash on the Chernobyl NPP" (in edition of the Law of the Russian Federation of June 18, 1992 of N3061-1) - (further - the basic Law) taking into account the changes made by the Federal Laws of November 24, 1995 N179-FZ of December 11 1996 N149-FZ, of November 16, 1997 N144-FZ, of November 26, 1998 N175-FZ, of April 17, 1999 N79-FZ, of July 5, 1999 N127-FZ, of August 7, 2000 N122-FZ, of December 27, 2000 N150-FZ, of February 12, 2001 N5-FZ, of August 6, 2001 N110-FZ, of July 25, 2002 N116-FZ, of December 11, 2002 N168-FZ, of December 24, 2002 N176-FZ, of October 23, 2003 N132-FZ, of December 23, 2003 N186-FZ, of April 26, 2004 N31-FZ, of August 22, 2004 N122-FZ, the Plenum of the Supreme Court of the Russian Federation notes that courts had questions requiring permission.

Considering it, the Plenum of the Supreme Court of the Russian Federation decides to make the following explanations:

1. Meaning that damnification to health in connection with catastrophic crash on the Chernobyl NPP took place till March 1, 1993, the courts of this category of cases having no right to apply by consideration Article 1085of -1094 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) regulating indemnification, the citizen caused to life and health as these regulations have retroactive force only in case uncompensated harm was done till March 1, 1996, but not earlier than March 1, 1993 (part two of article 12 of the Federal Law of January 26, 1996 N15-FZ "About Enforcement of Part Two of the Civil Code of the Russian Federation").

2. By hearing of cases about indemnification, caused to life and health of citizens owing to the Chernobyl catastrophic crash, it must be kept in mind that the law existing for the period of damnification did not provide possibility of compensation to the victim of the moral harm done by this catastrophic crash.

3. Owing to article 5 of the basic Law (in edition of the Federal Law of August 22, 2004 N 122 Federal Laws) the proper defendant in cases on indemnification caused to health of disabled people owing to the Chernobyl catastrophic crash the Russian Federation as which representative according to the paragraph third Item 15 of part 1 of article 14 of the called Law the social security authorities of the population or other state bodies making payment of monthly monetary compensation, authorized according to part 3 of article 125 Civil Code of the Russian Federation act is to act on behalf of treasury of the Russian Federation according to the obligations following from damnification of life and to health as a result of catastrophic crash on the Chernobyl NPP.

4. Considering cases on claims of disabled people on indemnification, caused to health in connection with radiative effects owing to the Chernobyl catastrophic crash or with performance of works on mitigation of consequences of this catastrophic crash, it is necessary to consider that from February 15, 2001 to January 1, 2005 legal relationship on indemnification in the specified case were regulated by Item 25 parts one of article 14 of the basic Law (in edition of the Federal Law of February 12, 2001 N5-FZ) and article 2 of the Federal Law of February 12, 2001 N5-FZ (in edition of the Federal Law of April 26, 2004 N31-FZ).

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