Sign In

On 21 September 2021, the Constitutional Court of the Russian Federation held an open hearing of the case regarding review of constitutionality of Article 151 of the Civil Code of the Russian Federation.
On 21 September 2021, the Constitutional Court of the Russian Federation held an open hearing of the case on review of constitutionality of Article 151 of the Civil Code of the Russian Federation. The consideration of case was initiated by the complaint of citizen S.Shilovskiy.

Factual Background

S.Shilovskiy was recognised as victim of the crime committed by medical staff of the district department of  State Budgetary Healthcare Institution “Bureau of Medical Forensic Expertise” in Timashevsk. In 2017 the morgue attendant aiming to fraudulently extort money from the applicant refused to return to S.Shilovskiy the body of his late mother without payment. The victim was forced to pay 6000 roubles. Moral suffering was inflicted on the applicant negatively impacting his health. His compensation lawsuit was refused with reference to Article 151 of the Civil Code of the Russian Federation. Then, S.Shilovskiy lodged a complaint with the Constitutional Court of the Russian Federation, challenging constitutionality of this norm.

Position of the Applicant

According to the applicant, the challenged Article is not in conformity with  the Constitution of the Russian Federation, in particular its articles 46 (part 1) and 52. S.Shilovskiy believes that this norm in practice deprives victims of crimes against property of the possibility to obtain compensation of moral harm, allowing such compensation only upon violation of personal non-pecuniary rights, and limiting it to situations directly established by law where pecuniary rights were breached.

Presiding Judge Valery ZORKIN

Judge Rapporteur Sergey MAVRIN

21 September 2021



© Constitutional Court of the Russian Federation, 2008-2021