ROMAN ZAKHAROV v. RUSSIA JUDGMENT
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lawful and does not breach the citizen’s rights (Article 258 § 4 of the CCP
and Articles 226 § 9 and 227 § 2 of the CAP).
99. A party to the proceedings may lodge an appeal with a higher court
(Article 336 of the CCP as in force until 1 January 2012, Article 320 of the
CCP as in force after 1 January 2012, and Article 228 of the CAP). The
appeal decision come into force on the day of its delivery (Article 367 of the
CCP as in force until 1 January 2012, Article 329 § 5 as in force after
1 January 2012, and Articles 186 and 227 § 5 of the CAP).
100. The CCP provided that a judicial decision allowing a complaint and
requiring the authority or official to remedy the breach of the citizen’s rights
had to be dispatched to the head of the authority concerned, to the official
concerned or to their superiors within three days of its entry into force
(Article 258 § 2 of the CCP). The Judicial Review Act required that the
judicial decision be dispatched within ten days of its entry into force
(section 8). The CAP requires that the judicial decision be dispatched on the
day of its entry into force (Article 227 § 7). The court and the complainant
must be notified of the enforcement of the decision no later than one month
after its receipt (Article 258 § 3 of the CCP, section 8 of the Judicial Review
Act and Article 227 § 9 of the CAP).
4. A tort claim under Article 1069 the of Civil Code
101. Damage caused to the person or property of a citizen shall be
compensated in full by the tortfeasor. The tortfeasor is not liable for damage
if he proves that the damage has been caused through no fault of his own
(Article 1064 §§ 1 and 2 of the Civil Code).
102. State and municipal bodies and officials shall be liable for damage
caused to a citizen by their unlawful actions or omissions (Article 1069 of
the Civil Code). Irrespective of any fault by State officials, the State or
regional treasury is liable for damage sustained by a citizen on account of
(i) unlawful criminal conviction or prosecution; (ii) unlawful application of
a preventive measure, or (iii) unlawful administrative punishment
(Article 1070 of the Civil Code).
103. A court may impose on the tortfeasor an obligation to compensate
for non-pecuniary damage (physical or mental suffering). Compensation for
non-pecuniary damage is unrelated to any award in respect of pecuniary
damage (Articles 151 § 1 and 1099 of the Civil Code). The amount of
compensation is determined by reference to the gravity of the tortfeasor’s
fault and other significant circumstances. The court also takes into account
the extent of physical or mental suffering in relation to the victim’s
individual characteristics (Articles 151 § 2 and 1101 of the Civil Code).
104. Irrespective of the tortfeasor’s fault, non-pecuniary damage shall be
compensated for if the damage was caused (i) by a hazardous device; (ii) in
the event of unlawful conviction or prosecution or unlawful application of a
preventive measure or unlawful administrative punishment; or (iii) through