Resolutions of the Plenums of the Supreme Court
1. New cases of necessary defense
On May 31, the Plenum supplemented its resolution on the necessary defense of 2012. The main idea of the new provisions is to protect those who defend themselves and protect others. This instruction was given by President Vladimir Putin after a meeting with human rights defenders.
Situations of necessary defense, according to the amendments, may occur in the following cases::
Illegal entry into a dwelling against the will of a person living there, not involving life-threatening violence or an immediate threat of such violence. This explanation supports the principle of inviolability of the home.
A real threat of socially dangerous encroachment after the actions of the defending person who tried to stop it. For example, the aggressor threatened violence and his words were real, because he was pointing a weapon in the direction of the one who was defending himself.
2. Rules for repayment and removal of criminal record
On June 7, the Plenum of the Supreme Court approved a resolution on how a criminal record is repaid and removed. For the first time the definition of criminal record is given: this is the legal condition of the person in respect of whom a guilty verdict providing for punishment has entered into force.
It clarifies who should be considered not convicted: these are those against whom a guilty verdict was passed, but no punishment was imposed, who were released from serving their sentence due to the expiration of the statute of limitations or amnesty.
It was explained to the courts that it is necessary to count the repayment period of the criminal record on the next day after serving or executing the sentence.
3. How to challenge the decisions of government agencies
On June 28, the Plenum of the Supreme Court approved instructions for the courts on how to consider cases of challenging decisions of state bodies. The document will also help applicants to protect their rights. Thus, it is allowed to challenge not only formalized decisions, but also, for example, the installation of new road signs or traffic light settings, the placement of certain information on the Internet.
The court is given discretion: it is not bound by the legal qualification of the disputed relationship in the claim and can evaluate the decision with reference to other rules of law. He is not bound by the arguments of the complaint either, because in any case he must check the circumstances relevant to the case.
4. How CTP works
On November 8, 2022, the Plenum of the Supreme Court updated the explanations on CTP. This had to be done due to the fact that the legislation has changed significantly since 2015-2017, when the previous resolutions were approved. Clarifications are also relevant because CTP compensation can be carried out in the form of repairs, and the cost of spare parts has increased significantly this year.
The resolution of the Plenum protects the victim, not allowing the insurance company to choose the monetary form of compensation at its discretion. The victim has the right to agree to it in the application, but such consent must be explicit and unambiguous, and all doubts must be interpreted in favor of the victim. This will help if there is a dispute about the method of reimbursement.
There are also provisions to protect insurance companies. For example, they have the right to terminate the CTP contract ahead of time if it turns out that the client has distorted information about himself in order to achieve the conclusion of a contract or more favorable conditions. For example, he overstated his driving experience or hid that he was going to work in a taxi, and not just go on personal business. In these cases, the contract is terminated from the moment of receipt of the notification from the insurance company.
5. In the development of the practice of compensation for moral damage
On November 15, the Plenum of the Supreme Court updated the explanations on compensation for moral damage, which should replace the 1994 document. The document allows it to be demanded, even if the law does not explicitly stipulate such a right for a specific situation. The courts may seek compensation for moral damage when the secret of the adoption was disclosed against the will or if the administrative prosecution was terminated due to the absence of an event, the composition of the offense or the lack of evidence of the circumstances on the basis of which to make a decision.
At the same time, the right to compensation for moral damage is not inherited (however, if it has already been awarded, but the person did not have time to receive it, then it can be included in the inheritance). In addition, the damage caused by lawful actions is not subject to compensation.
6. How to punish crimes with computer information or committed on the Internet?
On December 15, the Plenum of the Supreme Court adopted a resolution on crimes in the field of computer information or committed on the Internet. The first category is "programmer crimes", which can be committed, for example, by destroying computer information or neutralizing its means of protection. The document, in particular, defines these concepts.
If an ordinary crime is committed on the Internet, then this is imputed as a sign. For example, in 2021, 6,726 people were convicted for this, and 80% of the acts were related to drug trafficking. The resolution, in particular, establishes that a crime is considered to have been committed using the Internet and in the case when a person used the network for at least one of his intentional actions. For example, the "supplier" contacted the "pawnbroker" or "customers" over the network.
7. Criminal liability for non-payment of alimony
In December, the Plenum of the Supreme Court formulated, taking into account practice, the rules of criminal liability for non-payment of alimony, including with regard to ways of avoiding obligations. Thus, criminal punishment may also threaten those who list alimony irregularly and insignificantly. In addition, the irregular purchase of products, gifts, payment of other expenses by themselves do not exempt from the obligation to support children, follows from the text of the draft resolution. Although the court may take these circumstances into account when it determines whether there is a crime.
On the other hand, some provisions will make life easier for those who did not pay alimony because they could not, or corrected themselves and began to pay. The judge may decide that the offense is insignificant, taking into account the motive and purpose of the accused, the duration of the non-payment period, and so on. In addition, those who have fully repaid their debts are also exempt from liability. The document also explains how to calculate the period of payment of alimony for a criminal offense, adjusted for an administrative offense, and determine the time of the actual end of the crime.
General reviews of practice from the Supreme Court
Released on June 1, 2022. As always, the voluminous document contains positions on economic, civil, administrative, and criminal cases. It is established that the money earned before the divorce, but received after, belongs to the common property of the family. The Economic Board banned discrimination in the bankruptcy case of a buyer who paid a lower-than-market price for the property. In a particular case, the difference was 30%, and the SUN protected the buyer from the presumption of bad faith. Among the criminal positions is a reminder of the limited powers of the Court of Cassation: it cannot decide whether the charges are proven or unproven, and also consider proven facts that are not established in the verdict.
Released on October 12. From this review, you can learn that the head of the pre-trial detention center cannot and should not certify a power of attorney for judicial representation: his signature is needed only for powers of attorney for civil law transactions. In addition, the Sun reminds: if the borrower signed a contract specifying that he received the money, then in case of a dispute, it is he who must prove the lack of money of the transaction.
Case reviews of practice from the Supreme Court
On October 19, the Presidium approved a review of the practice for consumers with relevant explanations. Some of them are devoted to online shopping. For example, if the buyer returned the goods of proper quality, and the seller violated the ten-day refund period, then a penalty cannot be collected for this. And the courts should also check whether the consumer refused the goods on time, whether he returned it to the seller and whether the latter was able to check its condition: presentation, volume, quality.
On November 16, the Presidium of the Supreme Court approved a review of practice that will help courts resolve cases of unauthorized buildings: demolish them or recognize ownership. Landlords were allowed to demand the demolition of the tenant's illegal construction, even if the contract for the provision of the plot is still valid. It is not necessary to demand the termination of this transaction and the return of the land.
On December 14, the Supreme Court published a review of the practice in cases of annulment of marriage. In particular, there are positions in defense of a conscientious spouse. So, after the marriage is declared invalid, it is possible to file a separate claim for establishing the good faith of one of the spouses, providing him with maintenance and dividing property.
On December 21, a review of the practice on disputes on the establishment of claims of mortgagees in the bankruptcy of mortgagors was approved. In particular, it clarifies the rules for transferring claims to one firm from a group of companies that has fulfilled part of the obligations for the main debtor. It is also clarified that when mortgaging land, the creditor's right in the register is considered secured by a pledge not only of the plot, but also of an object of unfinished construction, which was lawfully erected there after the conclusion of the mortgage agreement.
Link: Итоги-2022: постановления Пленума Верховного суда и обзоры практики (pravo.ru)