Compensations for victim of accident on the Arbatsko Pokrovskoi line of Moscow metro on July 15, 2014:abnormality of application of the law by court and inadequacy amount
Автор: Ragulin Andrey Viktorovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Обмен опытом
Статья в выпуске: 4 (35), 2018 года.
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Purpose: A research of circumstances of the civil cases connected with claims for payment of compensation of moral harm to the persons which were injured in accident on the Arbatsko Pokrovskoi line of Moscow Metro on July 15, 2014 for removal of the general regularities of law-enforcement practice. Methodology: Historical, formal legal methods and a method of studying of documents were used. Results: The author comes to a conclusion that provisions of the CCP of the Russian Federation about a possibility of the judge at own discretion to divide claim requirements (the p. 2 of Art. 151 of the CCP of the Russian Federation) not fully are equitable to the interests of claimants according to class actions. The conclusion is also drawn that the criteria of rationality and justice put in the Civil Code of the Russian Federation as conditions of determination of the amount of compensation of moral harm (Art. 1101 of СС PF) do not meet needs of claimants in the corresponding claims owing to excessive abstractness and uncertainty...
Короткий адрес: https://sciup.org/140237881
IDR: 140237881