The bar’s lawyer, Alexander Nenaidenko, expressed an expert opinion to the Advokatskaya Gazeta and commented on the Supreme Court’s ruling in case No. 3-UD23-17-KZ on the misappropriation of funds from the local budget of an urban settlement and abuse of official power.
In particular, Alexander noted that in the commented ruling, the Supreme Court pointed out the inconsistency of the decisions of lower courts regarding compensation for damage by authorities if the damage was caused by officials of these authorities (i.e., violation by the courts of Article 1069 of the Civil Code). Alexander’s opinion is that the Supreme Court rightly pointed out the illegality of the sentence in terms of forcing the convicted woman and the municipal body, of which she was an official, to jointly and severally compensate for the harm. This is not the first time that the Supreme Court has pointed out to criminal judges the need to correctly understand and apply the norms not only of the Criminal Code and Criminal Procedure Code, but also of other codes – in particular, the Civil Code. I would like to hope that the courts, when administering justice in criminal cases, will begin to use all the legislation in force in the country, and not just the norms of the Code of Criminal Procedure, which they sometimes understand in an extremely selective manner.
Source: Advokatskaya Gazeta