Chapter 59. Obligations due to harm.

Article 1064. General grounds for liability for causing harm.
1. Harm caused to a person or property of a citizen, as well as damage caused to the property of a legal entity, shall be reimbursed in full by the person who caused the harm. By law, the obligation to compensate for harm may be imposed on a person who is not the person who caused the harm. A law or contract may establish the duty of the person who caused the harm to pay compensation to victims in excess of the compensation for harm. 2. The person who caused the harm shall be exempt from compensation of harm if he proves that the harm was caused not through his fault. The law may provide for compensation for harm and in the absence of guilt of the injurer. 3. Harm caused by lawful actions shall be reimbursed in cases provided for by law. Compensation of harm may be denied if the harm is caused at the request or with the consent of the victim, and the actions of the causer of harm do not violate the moral principles of society.

Article 1065. Prevention of harm.
1. The danger of causing harm in the future may be the basis for a lawsuit banning activities that create such a danger. 2. If the damage caused is a consequence of the operation of an enterprise, structure or other production activity that continues to cause harm or threatens new harm, the court has the right to oblige the defendant, in addition to compensation for harm, to suspend or terminate the relevant activity. The court may reject the claim for the suspension or termination of the relevant activity only if its suspension or termination is contrary to the public interest. The refusal to suspend or terminate such activity does not deprive the victims of the right to compensation for the harm caused by this activity.

Article 1066. Causing harm in a state of necessary defense.
Damage caused in a state of necessary defense shall not be subject to compensation, if this does not exceed its limits.

Article 1067. Causing harm in a state of extreme necessity.
Damage caused in a state of extreme necessity, that is, to eliminate the danger threatening the injured person himself or others, if this danger under the circumstances could not be eliminated by other means, should be reimbursed by the person who caused the damage. Considering the circumstances in which such harm was caused, the court may impose the obligation of its compensation on the third party, in whose interests the injured party acted, or exempt from compensation in whole or in part both this third party and the one who caused the harm.

Article 1068. Responsibility of a legal entity or citizen for the harm caused by its employee.
1. A legal entity or a citizen shall compensate for the harm caused by his employee in the performance of labor (official, official) duties. In relation to the rules stipulated by this chapter, workers are recognized as citizens performing work on the basis of an employment contract (contract), as well as citizens performing work under a civil law contract if they acted or should have acted on the instructions of the respective legal entity or citizen and under his control over the safe conduct of work. 2. Business partnerships and production cooperatives shall compensate for the damage caused by their members (members) in the course of the latter’s entrepreneurial, production or other activities of the partnership or cooperative.

Article 1069. Responsibility for harm caused by state bodies, bodies of local self-government, as well as their officials.
Harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies, including as a result of issuing an act of a state body or local self-government body that does not comply with the law or another legal act, shall be reimbursed. The damage is reimbursed at the expense of, respectively, the treasury of the Russian Federation, the treasury of the subject of the Russian Federation or the treasury of the municipality.

Article 1070. Responsibility for damage caused by unlawful actions of the bodies of inquiry, preliminary investigation, the prosecutor's office and the court.
1. Harm caused to a citizen as a result of unlawful conviction, unlawful criminal prosecution, unlawful use as a preventive measure of imprisonment or on his own recognizance, unlawful bringing to administrative responsibility in the form of administrative arrest, as well as harm caused to a legal entity as a result of illegal bringing to administrative responsibility in the form of administrative suspension of activities is reimbursed by the treasury of the Russian Federation, and in teas provided by law, by the Treasury of the Russian Federation or the treasury of the municipality in full, regardless of the guilt of officials of bodies of inquiry officials, preliminary investigation, prosecution and trial in accordance with the law. 2. Harm caused to a citizen or legal entity as a result of illegal activities of the inquiry, preliminary investigation, prosecutor's office, which did not entail the consequences provided for by paragraph 1 of this article, shall be reimbursed on the grounds and in the manner provided for in Article 1069 of this Code. The harm caused by the administration of justice shall be reimbursed if the fault of the judge is established by a court sentence that has entered into legal force.

Article 1071. Bodies and persons acting on behalf of the treasury for compensation for harm at its expense.
In cases where, in accordance with this Code or other laws, the damage caused is compensable at the expense of the treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation or the treasury of a municipality, the relevant financial bodies act on behalf of the treasury, if in accordance with paragraph 3 of Article 125 of this Code no obligation imposed on another body, legal entity or citizen.

Article 1072. Compensation of damage by a person who has insured his liability.
A legal person or a citizen who insured his liability in voluntary or compulsory insurance in favor of the victim (Article 931, clause 1 of Article 935), in the case when the insurance indemnity is not enough to fully compensate for the damage, compensate for the difference between the insurance indemnity amount of damage.

Article 1073. Liability for harm caused by minors under the age of fourteen.
1. For the harm caused to a minor who is not fourteen years old (juvenile), his parents (adoptive parents) or guardians are responsible, unless they prove that the harm did not arise through their fault. 2. If a juvenile who needs guardianship is located in an appropriate educational, medical institution, social welfare institution or other similar institution that is legally his guardian (article 35), this institution is obliged to compensate the harm caused by the minor if he does not prove that the harm arose through no fault of the institution. 3. If a juvenile caused harm at the time when he was under the supervision of an educational, educational, medical or other institution that is obliged to supervise him, or of the person who supervised on the basis of a contract, this institution or person is responsible for the harm if it does not prove that the harm arose not through his fault in the implementation of supervision. 4. The obligation of parents (adoptive parents), guardians, educational, educational, medical and other institutions to compensate for the harm caused by minors does not stop with the juvenile coming of age or receiving sufficient property to compensate for the harm. If the parents (adoptive parents), guardians, or other citizens referred to in paragraph 3 of this article have died or do not have sufficient funds to compensate for the harm caused to the victim’s life or health, the injured person who has become fully capable has such means, the court the property status of the victim and the causer of harm, as well as other circumstances, has the right to make a decision on compensation for damage in whole or in part at the expense of the injurer himself.

Article 1074. Liability for harm caused by minors between the ages of fourteen and eighteen.
1. Minors between the ages of fourteen and eighteen years shall independently be liable for damage caused on the common grounds. 2. In the case when a minor aged from fourteen to eighteen years does not have income or other property sufficient to compensate for the harm, the harm must be compensated in full or in the missing part by his parents (adoptive parents) or guardian, unless they prove that the harm it was not their fault. If a minor, aged between fourteen and eighteen years old, who needs care, was placed in an appropriate educational, medical institution, social welfare institution or another similar institution that is legally his custodian (art. 35), this institution is obliged to compensate the damage completely or in the missing part, if it does not prove that the harm did not arise through his fault. 3. The obligation of the parents (adoptive parents), the trustee and the appropriate institution for compensation for harm caused to minors aged fourteen to eighteen years of age ceases upon reaching the injured adulthood or in cases when he had income or other property sufficient to compensation for harm, or when he attained the age of majority.

Article 1075. Responsibility of parents deprived of parental rights for harm caused by minors.
A parent deprived of parental rights may be held liable for harm caused by his minor child for three years after depriving a parent of parental rights if the child’s behavior that caused the harm was the result of improper parental responsibilities.

Article 1076. Responsibility for harm caused by a citizen who is recognized as incapable.
1. The harm caused by a citizen who is recognized as incapable shall be reimbursed by his guardian or organization obliged to exercise supervision over him, unless they prove that the harm did not arise through their fault. 2. The duty of a guardian or an organization that is obliged to supervise compensation for harm caused by a citizen who is recognized as incapable shall not be terminated if he is subsequently recognized as capable. 3. If the guardian has died or does not have sufficient funds to compensate for the harm caused to the life or health of the victim, and the person who caused the damage has such means, the court, taking into account the property status of the victim and the person causing the harm, as well as other circumstances, has the right to decide on compensation for harm fully or partly at the expense of the injurer himself.

Article 1077. Responsibility for harm caused by a citizen who is recognized as partially capable.
The harm caused by a citizen who is limited in legal capacity due to the abuse of alcoholic beverages or narcotic drugs is compensated by the person who caused the harm.

Article 1078. Responsibility for harm caused by a citizen who is not capable of understanding the meaning of his actions.
1. A capable citizen or a minor aged between fourteen and eighteen years of age who caused harm in such a state where he could not understand the meaning of his actions or direct them, is not responsible for the harm caused to them. If the harm is caused to the life or health of the victim, the court may, taking into account the property status of the victim and the injurer, as well as other circumstances, assign the obligation to compensate the damage in whole or in part to the injurer. 2. The cause of harm is not exempt from liability if he himself has brought himself into a state in which he could not understand the meaning of his actions or direct them, the use of alcoholic beverages, narcotic drugs or in any other way. 3. If the harm is caused by a person who could not understand the significance of his actions or direct them as a result of a mental disorder, the duty to compensate the harm may be imposed by the court on his able-bodied spouse, parents, adult children who knew about the mental disorder , but did not raise the question of declaring him incompetent.

Article 1079. Responsibility for harm caused by an activity that creates an increased danger to others.
1. Legal entities and citizens whose activities are associated with increased danger to others (the use of vehicles, machinery, high-voltage electrical energy, atomic energy, explosives, potent poisons, etc .; the implementation of construction and other related activities and others) are obliged to compensate for the damage caused by a source of increased danger, if they do not prove that the damage was caused by force majeure or the intent of the victim. The owner of a source of increased danger may be discharged by the court in full or in part also on the grounds provided for by paragraphs 2 and 3 of Article 1083 of this Code. The obligation to compensate for harm is imposed on a legal entity or a citizen who owns a source of increased danger on the right of ownership, the right of economic management or the right of operational management or on other legal grounds (on the right of lease, by proxy on the right to drive a vehicle transfer to him of a source of increased danger, etc.). 2. The owner of a source of increased danger is not responsible for the harm caused by this source if it proves that the source has left its possession as a result of the unlawful actions of other persons. Responsibility for harm caused by a source of increased danger in such cases is borne by persons who unlawfully seized the source. If there is a fault of the owner of a source of increased danger in the unlawful removal of this source from his possession, responsibility may be placed on both the owner and the person who unlawfully took possession of the source of increased danger. 3. Owners of sources of increased danger are jointly and severally liable for damage caused by the interaction of these sources (vehicle collisions, etc.) to third parties on the grounds provided for by paragraph 1 of this article. Damage caused as a result of the interaction of sources of increased danger to their owners is compensated on a general basis (Article 1064).

Article 1080. Liability for jointly caused harm.
Persons who have jointly caused harm are liable jointly and severally to the victim. According to the statement of the victim and in his interests, the court has the right to impose liability on the persons who have jointly caused harm in the shares, determining them in relation to the rules provided for by paragraph 2 of Article 1081 of this Code.

Article 1081. The right of recourse to the person who caused the harm.
1. A person who has compensated for damage caused by another person (an employee during the performance of official, official or other job duties, a person driving a vehicle, etc.) has the right of recourse (recourse) to this person in the amount of compensation paid unless otherwise specified by law. 2. The injurer who compensated for the damage jointly is entitled to demand from each of the other harm takers a share of the compensation paid to the victim in an amount corresponding to the degree of fault of that harm-doer. If it is impossible to determine the degree of guilt, the shares are recognized as equal. 3. The Russian Federation, a constituent entity of the Russian Federation or a municipality in the event of their compensation for damage caused by an official of the inquiry, preliminary investigation, prosecutor’s office or court (Article 1070 § 1) has the right to recourse to that person if his fault is established by a court sentence, entered into force. 4. Persons who have compensated for the damage on the grounds specified in Articles 1073-1076 of this Code shall not have the right of recourse to the person who caused the damage.

Article 1082. Ways of compensation.
Satisfying the claim for damages, the court, in accordance with the circumstances of the case, obliges the person responsible for causing the harm to compensate the damage in kind (provide a thing of the same kind and quality, fix the damaged item, etc.) or compensate for the damage (paragraph 2 of Article 15).

Article 1083. Taking into account the fault of the victim and the property status of the person who caused the harm.
1. Harm arising from the intent of the victim shall not be reimbursed. 2. If the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of guilt of the victim and the causer of harm, the amount of compensation should be reduced. In case of gross negligence of the victim and the absence of guilt of the harm-doser in cases where his responsibility occurs independently of the fault, the amount of compensation must be reduced or compensation may be denied unless otherwise provided by law. When causing harm to the life or health of a citizen, refusal of compensation for harm is not allowed. The fault of the victim is not taken into account when reimbursing additional expenses (clause 1 of Article 1085), at reimbursement of harm in connection with the death of the breadwinner (Article 1089), and also at reimbursement of expenses for burial (Article 1094). 3. The court may reduce the amount of compensation for damage caused by a citizen, taking into account his property status, with the exception of cases when the damage was caused by actions committed intentionally.

Article 1084. Compensation of harm caused to the life or health of a citizen in the performance of contractual or other obligations.
Harm caused to life or health of a citizen in the performance of contractual obligations, as well as in the performance of duties of military service, service in the police and other relevant duties shall be reimbursed according to the rules provided for in this chapter, unless the law or the contract provides for a higher amount of liability.

Article 1085. The scope and nature of compensation for damage caused by damage to health.
1. When a citizen is injured or otherwise injured his health, the lost earnings (income) that he had or could definitely have, as well as additional expenses incurred due to the damage to health, including expenses for treatment, additional food, and purchase of medicines, are compensated for. , prosthetics, external care, spa treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of assistance and care and does not have the right to receive them for free. 2. In determining the lost earnings (income), the disability pension assigned to the victim in connection with injury or other damage to health, as well as other pensions, allowances and other similar payments, assigned both before and after injury to health, are not taken into account and do not entail a reduction in the amount of compensation for harm (not counted as compensation for harm). The salary (income) received by the victim after the damage to health is also not counted as compensation for harm. 3. The amount and amount of compensation for damage due to the victim in accordance with this article may be increased by law or contract.

Article 1086. Definition of earnings (income) lost as a result of damage to health.
1. The amount of earnings (income) lost by the victim to be compensated is determined as a percentage of their average monthly earnings (income) before injury or other damage to health or until they lose their working capacity, corresponding to the degree of loss to the injured professional working ability, and in the absence of professional working capacity - the degree of total loss working capacity. 2. The composition of the lost earnings (income) of the victim shall include all types of remuneration for his labor under labor and civil-law contracts, both at the place of main work and in combination, subject to income tax. Lump sum payments are not taken into account, in particular, compensation for unused vacation and severance pay upon dismissal. For the period of temporary disability or maternity leave, the allowance paid is taken into account. Income from entrepreneurial activity, as well as the author's fee are included in the composition of lost earnings, while income from entrepreneurial activity is included on the basis of data from the tax inspectorate. All types of earnings (income) are recorded in amounts accrued before withholding taxes. 3. The average monthly earnings (income) of the victim is calculated by dividing the total amount of his earnings (income) for the twelve months of work preceding the damage to health by twelve. In the case when the victim worked for less than twelve months at the time of the injury, the average monthly earnings (income) is calculated by dividing the total amount of earnings (income) for the actual number of months that preceded the damage to health by the number of these months. The months that have not been fully worked out by the victims are, at his request, replaced by the preceding fully worked months or are excluded from the counting if it is impossible to replace them. 4. In the case when the victim did not work at the time of the injury, the salary before the dismissal or the usual amount of remuneration of the employee’s qualifications in the area, but not less than the minimum subsistence level of the working-age population in the Russian Federation established in accordance with the law, is taken into account . 5. If the victim’s earnings (income) occurred before sustaining injury to him or other damage to his health, sustainable changes that improve his property status (salary was increased for his position, he was transferred to a better paying job, went to work after graduating from full-time training and in other cases when the stability of the change or the possibility of a change in the pay of the victim is proved), in determining its average monthly earnings (income), only Otok (income), which he received or should have received after the relevant changes.

Article 1087. Indemnification in case of damage to the health of a person who has not reached the age of majority.
1. In the case of injury or other damage to the health of a minor who has not reached fourteen years of age (minor) and who does not have earnings (income), the person responsible for the harm caused is obliged to reimburse expenses incurred by the damage to health. 2. Upon reaching a minor victim of fourteen years, as well as in the case of harm to a minor aged from fourteen to eighteen years, not having earnings (income), the person responsible for the harm, must compensate the victim in addition to the costs caused by damage to health, also harm associated with the loss or reduction of his working capacity, based on the size of the subsistence minimum established for the working-age population in the Russian Federation as a whole. 3. If by the time of damage to his health a minor had earnings, then the damage is compensated based on the amount of this earnings, but not lower than the statutory minimum subsistence level of the working-age population in the whole of the Russian Federation. 4. After the commencement of work, a minor whose health has previously been harmed has the right to demand an increase in the amount of compensation based on his earnings, but not lower than the amount of remuneration established by his position or the earnings of an employee of the same qualification at his place of work.

Article 1088. Compensation of harm to persons who suffered damage as a result of the death of the breadwinner.
1. In the event of the death of the victim (the breadwinner), the right to compensation for damage are: disabled persons who were dependent on the deceased or had the right to receive maintenance from him on the day of his death; the child of the deceased, born after his death; one of the parents, spouse or other family member, regardless of his ability to work, who is not working and is engaged in caring for the dependent children of his deceased children, grandchildren, brothers and sisters who are under the age of fourteen or who have attained the specified age, but according to medical authorities those who are in need of health care; persons who were dependent on the deceased and who became disabled within five years after his death. One parent, spouse or other family member who is not working and engaged in caring for the children, grandchildren, brothers and sisters of the deceased and who has become incapacitated during the period of care, retains the right to reparation after the care of these people. 2. The damage is reimbursed: for minors - until the age of eighteen; students over eighteen years of age - before graduation in full-time educational institutions, but not more than twenty-three years old; women over fifty-five and men over sixty — for life; disabled people - for a period of disability; one of the parents, spouse or other family member involved in caring for the dependent children of the deceased, grandchildren, brothers and sisters, until they reach the age of fourteen or a change in health status.

Article 1089. The amount of compensation for the harm suffered in case of death of the breadwinner.
1. To persons entitled to compensation for the death of the breadwinner, the damage is compensated in the amount of the share of earnings (income) of the deceased, determined according to the rules of Article 1086 of this Code, which they received or had the right to receive for their maintenance during his life. In determining the compensation for harm to these persons, the income of the deceased, along with earnings (income), includes the pension, life support and other similar payments received by him during his lifetime. 2. When determining the amount of reimbursement of the damage to a pension, appointed to persons in connection with the death of the breadwinner, as well as other types of pensions, assigned both before and after the death of the breadwinner, as well as earnings (income) and stipends received by these persons on account of compensation to them Harm is not counted. 3. The amount of compensation established for each of those entitled to compensation in connection with the death of the breadwinner shall not be subject to further recalculation, except in the following cases: the birth of a child after the death of the breadwinner; the appointment or termination of the payment of compensation to persons engaged in caring for children, grandchildren, brothers and sisters of the deceased breadwinner. The law or the contract may increase the amount of compensation.

Article 1090. Subsequent change in the amount of compensation for harm.
1. An injured person who has partially become incapacitated is entitled at any time to demand from the person charged with compensating for harm a corresponding increase in the amount of his compensation if the working ability of the injured has further decreased due to the damage caused to his health in comparison with that which remained with him by the time of the award of compensation. 2. A person entrusted with the obligation to compensate for the harm caused to the health of the victim shall have the right to demand a corresponding reduction in the amount of compensation if the working capacity of the victim has increased compared to that which he had at the time of awarding compensation for harm. 3. A victim has the right to demand an increase in the amount of compensation for harm if the financial situation of a citizen who is charged with compensation for harm has improved and the amount of compensation has been reduced in accordance with paragraph 3 of Article 1083 of this Code. 4. The court may, at the request of the citizen who caused the harm, reduce the amount of compensation if his property status due to a disability or attaining retirement age has worsened compared to the situation at the time of awarding compensation for harm, except when the damage was caused by actions committed intentionally.

Article 1091. An increase in the amount of compensation for harm in connection with an increase in the cost of living.
The sums of compensation paid to citizens for harm caused to the life or health of the victim, with an increase in the cost of living are subject to indexation in the manner prescribed by law (article 318).

Article 1092. Payments for damages.
1. Compensation for harm caused by a decrease in the ability to work or the death of the victim shall be made in monthly installments. If there are valid reasons, the court, taking into account the possibilities of the person who caused the harm, may, at the request of a citizen who is entitled to compensation for harm, award him the payments due as a lump sum, but not more than three years. 2. Amounts in reimbursement of additional expenses (clause 1 of Article 1085) may be awarded for the future within the time limits determined on the basis of the medical examination conclusion, as well as if it is necessary to pre-pay the cost of relevant services and property, including the purchase of a voucher paying for special vehicles.

Article 1093. Indemnification in case of termination of a legal entity.
1. In the event of the reorganization of a legal entity recognized in accordance with the established procedure as responsible for harm caused to life or health, the obligation to pay the relevant payments shall be borne by its successor. It also claims for damages. 2. In the event of liquidation of a legal entity recognized in the prescribed manner as responsible for harm caused to life or health, the relevant payments must be capitalized to pay them to the victim according to the rules established by law or other legal acts. The law or other legal acts may establish other cases in which payments may be capitalized.

Article 1094. Reimbursement of expenses for burial.
Persons responsible for the harm caused by the death of the victim, are obliged to reimburse the necessary expenses for the funeral of the person who incurred these costs. Funeral allowance received by citizens who have incurred these expenses shall not be counted as compensation for harm.

Article 1095. Grounds for compensation for damage caused by deficiencies in a product, work, or service.
Harm caused to the life, health or property of a citizen or property of a legal entity as a result of constructive, prescription or other deficiencies in a product, work or service, as well as inadequate or insufficient information about a product (work, service), shall be reimbursed by the seller or manufacturer of the product, person who performed the work or rendered the service (the performer), regardless of their guilt and on whether the victim was in contractual relations with them or not. The rules provided for by this article apply only in cases of purchasing goods (performing work, providing services) for consumer purposes, and not for use in business.