Presidium of the Supreme Court
Dangerous or especially dangerous relapse?
The commission of especially serious crimes by a person who has one outstanding conviction for a serious crime leading to actual imprisonment constitutes a dangerous, but not a particularly dangerous, recidivism of crimes.
Recidivism of crimes is considered especially dangerous when a person commits a particularly serious crime, if he has previously been convicted of a serious crime twice or has previously been convicted of a particularly serious crime. The man was twice convicted of serious crimes, but more than six years have passed since the date of serving the sentence for one of them, and therefore all legal consequences associated with the conviction have been cancelled. Thus, the man has one outstanding criminal record, which allows him to regard the crime committed as dangerous, and not a particularly dangerous recidivism.
(Resolution of the Presidium of the Supreme Court of the Russian Federation No. 130-P20)
The victim's opinion does not matter
The opinion of the victim about imposing a strict punishment on the defendant is not included by the legislator among the circumstances aggravating the punishment, the list of which is established by Art. 63 of the Criminal Code of the Russian Federation, and reference to this opinion is subject to exclusion from the sentence.
(Resolution of the Presidium of the Supreme Court of the Russian Federation No. 132-P20)
Judicial Collegium for Civil Cases
Property damage and minors
Material damage caused as a result of a road traffic accident by a minor who has reached the age of 14 years is subject to compensation by his parents in the form of subsidiary liability, if the minor cause of harm does not have income or other property sufficient to compensate for it, and if the parents do not prove that the damage arose through no fault of theirs.
(Definition No. 2-KG20-3-K3)
Insurance and damages
A victim in a traffic accident who has received insurance compensation in cash on the basis of subclause "g" clause 161 art. 12 of the Law on Compulsory Motor Liability Insurance, has the right to demand compensation for damage from the tortfeasor to the extent not covered by insurance compensation.
(Definition No. 82-KG20-8-K7)
Ownership of inherited property
When resolving disputes about the ownership of inherited property, the court should keep in mind that the heir who accepted the inheritance is considered the owner of the inherited property due to him from the date of opening of the inheritance, regardless of the method of accepting the inheritance. Receiving a certificate of right to an inheritance or a part of this inheritance is a right, not an obligation, of the heir.
(Definition No. 5-KG20-166-K2)
Dismissal of an employee
When checking in court the legality of the dismissal of an employee under clause 8, part 1, art. 77 of the Labor Code of the Russian Federation (an employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report, or the employer does not have the appropriate work), the employer is obliged to provide evidence of fulfillment of the obligation to offer the employee the work he has, which the employee can perform taking into account his state of health . The employer's failure to provide such evidence indicates the illegality of dismissing the employee on the above grounds.
(Definition No. 5-KGPR20-151-K2)
Assignment of insurance pension
If a citizen, in accordance with the procedure established by law, applied for an insurance pension to the body providing pensions, but this was unreasonably denied, the court has the right to oblige the pension body to assign a pension to the citizen from the date of his initial application to the pension body, and in the case a citizen’s application for an insurance pension before the right to a pension arises - from the date such a right arises.
(Definition No. 16-KG20-24-K4)
Legal fees
Expenses for legal services incurred by a person in connection with an appeal of a decision to bring him to administrative responsibility are subject to reimbursement regardless of the guilt of the official who made the said decision, and in the event that the decision was canceled due to the absence of an offense in an out-of-court procedure by a superior official.
(Definition No. 5-KG20-157-K2)
Judicial Collegium for Economic Disputes
Recovery of damages
The limitation period for a claim for recovery of losses incurred in connection with the refusal to provide a subsidy begins from the day when the person whose right was violated learned or should have learned about the totality of the following circumstances: about the violation of his right and about who is proper defendant in a claim to protect this right.
(Definition No. 305-ES20-18656)
Construction defects from the developer
The mere fact of identifying construction defects as a result of improper performance of the developer’s duties and the fact that he has an obligation to eliminate violations during the warranty period does not relieve the management organization from fulfilling the obligations established by law and the management agreement for an apartment building to maintain the common property of such a building in proper condition. .
(Definition No. 309-ES20-20751)
Limitation periods
The statute of limitations for bringing to administrative responsibility for an offense, liability for which is established by Part 1 of Art. 10.6 of the Code of Administrative Offenses of the Russian Federation, when a decision on an administrative offense is made by an administrative body, is two months.
(Definition No. 303-ES20-18228)
