Lawyers clarified the nuances
Even downed air defense drones, like fragments of anti-aircraft missiles, can damage houses, cars and other property. Moscow lawyers explained to MK whether in this case it is possible to count on compensation.
Garage, judging by the information of the Ministry of Emergency Situations , burned out not from the UAV, so you can’t count on compensation. Photo: Press service of the Department of Civil and Public Safety
Assistance to citizens in such cases is regulated by law, lawyers say.
— The basic law that you should know on this topic, — Federal Law «On Counteracting Terrorism», — says lawyer Irina Govorova. — It regulates compensation for damage to citizens as a result of a terrorist act. The amount of compensation for individuals — 50 thousand rubles per family member for partially lost and 100 thousand rubles for completely lost property. Legal entities and individual entrepreneurs can claim 200 and 400 thousand rubles of compensation, respectively.
At the same time, according to the interlocutor of «MK», only essential property is subject to compensation from the state: these are items for storing and cooking food (stove, refrigerator, sideboard), pieces of furniture for eating (table and chairs), items for sleeping, televisions and radios as a means of informing citizens. As well as engineering equipment of the private sector: water pumps, boilers, heating boilers, potbelly stoves.
Anything above this list is subject to compensation in the manner prescribed by the Civil Code, — that is, the perpetrator of the attack will be compensated. If he is found (and, for example, the Ukrainian side has not yet taken responsibility for the UAV attacks) and brought to trial, and then he was also able to pay compensation.
Since this type of compensation in this case is rather hypothetical, it remains to be understood how state compensation can be obtained. “To do this, you first need to fix the damage, this can be done by both the police and rescuers, — said Govorova. — After that, an application is submitted to the financial authority of the regional government — in Moscow it is the Department of Finance. But you will need to attach damage documents.
A similar procedure for obtaining compensation works in the case of insured housing. True — only if the insurance contract does not contain in fine print the release of the insurer from the obligation to compensate for damage in case of force majeure, that is, force majeure circumstances. The standard list of such circumstances usually includes both terrorist acts and hostilities.
— Standard compensations really stand out in the amounts determined by federal law, — explained «MK» lawyer Alexey Golubev. — But in cases of terrorist attacks, and usually they are resonant, individual payments are often determined. As a rule, victims are paid a lump sum of 10,000 rubles, regardless of the amount of damage. And in case of serious damage, victims or victims, they can decide on individual payments — and then compensation can reach several million rubles.