The expert explained the decision of the Constitutional Court of the Russian Federation on cases of car theft

Semyon Rogalev, Vice-president of the all-Russian public organization Drivers of Russia, commented on the ruling of the Constitutional Court of the Russian Federation No. 8-P that for criminal punishment for theft, only the confirmed cost of damage to the car on the day of the crime is taken into account, minus car wear, without regard to the victim's future expenses, type of spare parts or repair method.

"The conclusions of the Constitutional Court of the Russian Federation on the absence of contradictions between Articles 15 and paragraph 1 of Article 1064 of the Civil Code of the Russian Federation of the Constitution of the Russian Federation, as well as on the need to take into account only the cost of real damage for the qualification of a criminally punishable act, may not seem entirely consistent with the interests of the victim. But this is not entirely true — they are important for bringing clarity and certainty to the criminal law qualification of relations," he said.

In addition, according to him, the use of the "wear-and-tear" assessment methodology acts as an institutional safeguard protecting criminal proceedings from unjustified "inflation of repression", while maintaining the predictability and objectivity of the law when deadlines are not tied to import prices.

Rogalev explained the gap between criminal and real repairs: the criminal standard requires strict necessity, fixing damage with wear and tear without new spare parts in order to avoid subjectivity. In civilian life, the court appoints an expert examination for full recovery, including the loss of the value of the car after an accident, which eliminates any risks of underestimation.

"In practice, victims often seek to maximize the amount of damage (by making calculations without taking into account wear and tear) in the framework of criminal proceedings in order to qualify the act for the more serious part of the article. This is based on the assumption that the threat of long—term imprisonment (for example, up to 10 years under Part 3 of Article 166 of the Criminal Code) will act as an effective lever of pressure for prompt compensation for harm," he said.

Valuations for appraisers: insurance experts will be checked for honesty

New rules have been prepared for the certification of specialists who determine the amount of damage in an accident.

Earlier it was reported that the Constitutional Court of the Russian Federation clarified the methodology for assessing damage from car theft. Resolution No. 8-P states that only proven damage at the time of theft is considered for criminal punishment, taking into account the wear and tear of the car, without regard to the victim's future expenses, type of spare parts or repair method.

Read the details in the Izvestia article.

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