Obligations of injury legal actions in suppression of terrorist act
Автор: Karmanova E.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 3 (13), 2011 года.
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In the article the obligations of the injury legal actions in suppression of terrorist acts is investigated. Russian law determines the cases of harm not only illegal, but legal actions. The Federal Law on Suppression of Terrorism establishes two cases of injury legal actions: injury legal actions to person who is involved in a terrorist act; the injury legal actions to others in suppression of the terrorist act. Such actions are not wrongful, as are made in order to prevent danger of the state and its citizens. The servicemen, experts and others involved in the fight against terrorism shall be exempted from liability for injury caused during counter-terrorist operation The judicial practice of compensation for damage caused legal actions in suppression of terrorist acts is analyzed. The courts denied the claims on the basis of p. 2 of art. 1067 Civil Code. During counter-terrorist operation, the state must compensate this damage, as the state, carrying the fight against terrorism, protecting own interests, causing injury to other persons, not related to terrorist activity. In the obligation of the injury legal actions the state is a stronger side than the persons whom such ham occurred. Thus, the courts in refusing the claims of persons who have suffered a legal injury while preventing terrorist acts, freeing the state of reparation, was removed from his "responsibility". The mechanism of compensation for harm caused by legal actions in suppression terrorist acts is research ed. The relationships of the injury legal actions in suppression of terrorist act and emergency are understudied. The Injury by the suppressing of terrorist act is inflicted less valuable good (property a particular person), to save more valuable (the security of all states). However, servicemen and others involved in counter-terrorist operations cause harm in the emergency in the interest of the state. Therefore, the harm caused by such legal actions should be compensated by the rules of emergency.
Obligations of injury legal actions, terrorism, state, emergency, legal acts, award damage
Короткий адрес: https://sciup.org/147202056
IDR: 147202056