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ORDER OF THE PROSECUTOR GENERAL'S OFFICE OF THE RUSSIAN FEDERATION, MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of January 20, 2009 No. 12/3n

About interaction of bodies of prosecutor's office and Ministry of Finance of the Russian Federation in case of receipt of data on appeal to the court of the citizen with the claim (statement) for indemnification caused as a result of illegal criminal prosecution

In recent years the increasing number of citizens turn to the courts with statements for compensation of the material and moral harm done as a result of illegal criminal prosecution. The quantity granted by courts of claims and applications of this category grows.

Owing to requirements of Art. 1070 of the Civil Code of the Russian Federation the harm done to the citizen as a result of illegal criminal prosecution is collected at the expense of means of treasury of the Russian Federation. In cases of consideration of actions for declaration of citizens about compensation of damage according to the procedure of civil legal proceedings on behalf of treasury of the Russian Federation the Ministry of Finance of the Russian Federation which is recruited in cases in quality of the defendant, and bodies of prosecutor's office - as the third party acts.

In practice of consideration of the applications about indemnification various interpretation of the existing procedural legislation takes place. In a number of regions bodies of prosecutor's office in case are not recruited.

For the purpose of uniformity of application of the procedural legislation and streamlining of the organization of the work connected with consideration of claims for compensation for the account of means of treasury of the Russian Federation of the harm done to the citizen as a result of illegal criminal prosecution we order:

1. To the chiefs of head departments and managements of the Prosecutor General's Office of the Russian Federation, prosecutors of subjects of the Russian Federation equated to them to military prosecutors and prosecutors of other specialized prosecutor's offices according to the established competence:

in case of receipt of data on appeal to the court of the citizen with the claim (statement) for indemnification caused as a result of illegal criminal prosecution without delay to appoint the prosecutor for participation in legal proceedings;

for the purpose of ensuring in-depth examination of materials of cases and preparation of reasonable line item to organize participation in consideration of the these cases of representatives of those divisions of bodies of prosecutor's office which officials made relevant decisions;

in cases of attraction to participation in case of the Prosecutor General's Office of the Russian Federation timely to draw up and send to subordinate prosecutor's offices the power of attorney on participation in case on behalf of the Prosecutor General's Office of the Russian Federation;

mean that the entitlement to compensation of this type of harm is provided by the European convention on human rights protection and fundamental freedoms of 1950, the International Covenant on Civil and Political Rights of 1966, the Convention against tortures and others cruel and inhuman or degrading treatments and punishment of 1984, Art. 52 and 53 of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, the Civil Code of the Russian Federation;

by hearing of cases to be guided by requirements of hl. 18 Codes of Criminal Procedure of the Russian Federation, the Art. 151, 1070, 1099-1101 Civil Code of the Russian Federation, Regulations on procedure for compensation of the damage caused to the citizen by illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court, the approved Decree of Presidium of the Supreme Council of the USSR of 18:05. 1981, the resolutions of the Constitutional Court of the Russian Federation, resolutions of the Plenum and explanations of the Supreme Court of the Russian Federation concerning questions of the indemnification caused as a result of illegal criminal prosecution; consider court practice;

it is active to participate in research of proofs, to use the powers provided by the procedural legislation, to give explanations on the questions arising during legal proceedings and on the merits of the case in general. By preparation for legal proceedings to check whether the corresponding judgments (sentence, determination or the court order) entered legal force, and also to find out whether are cancelled in the procedure for the resolution of body of inquiry, the investigator, investigator or prosecutor established by the law;

by consideration of cases of this category by courts to consider that the harm done as a result of criminal prosecution is compensated by the state at the expense of treasury of the Russian Federation, and in the cases provided by the law - at the expense of treasury of the subject of the Russian Federation or treasury of the municipality (Art. 1070 of the Civil Code of the Russian Federation). Take into account that on behalf of treasury of the Russian Federation the Ministry of Finance of the Russian Federation which is recruited in cases in quality of the defendant acts, and bodies of prosecutor's office are recruited in cases in quality of the third party and do not bear financial responsibility;

by consideration of the these cases by court to consider provisions p.1 of Art. 133 of the Code of Criminal Procedure of the Russian Federation according to which the right to rehabilitation includes the right to compensation of property harm, elimination of consequences of moral harm and recovery in labor, pension, housing and other rights. Mean that the harm done to the citizen as a result of criminal prosecution is compensated by the state in full irrespective of fault of body of inquiry, the investigator, the investigator, the prosecutor and court, and also the fact that person has no right to rehabilitation in the cases provided by the p. 4 of Art. 133 of the Code of Criminal Procedure of the Russian Federation;

take measures to timely appeal of illegal court decrees in appeal, cassation and supervising procedure;

to systematically analyze practice of consideration by courts of cases of this category. Use analysis results for enhancement of public prosecutor's supervision, rendering the advisory and methodical help to the public prosecutor's workers participating in legal proceedings for this category, the organization of work with personnel and professional study;

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