Compensation of health damage to a former employee of the Ministry of Internal Affairs

[Детективное агентство. Мангуст. Уфа.]

Good day, dear colleagues! The crux of the matter: a police officer then underwent heart surgery during his service in the internal affairs bodies, after which he was commissioned for health reasons with the wording “the disease was received during the military service”, without having reached his retirement for several years. A few months later he received a disability group, later indefinite. Receives a disability pension from the Ministry of Internal Affairs. He appealed to the Ministry of Internal Affairs with a corresponding letter on awarding him compensation for damage to health, but the Ministry of Internal Affairs refused him this, referring to the corresponding paragraph of the “Instructions ...”, which says that this compensation is awarded only to those who have “military trauma”. As far as I know, claims of former police officers who became disabled due to a disease received during military service against the Ministry of Internal Affairs ended in zero result. But this state of affairs, the Instruction of the Ministry of Internal Affairs of the Russian Federation on the procedure for compensation for damage in the event of death (death) or injury to an employee of the internal affairs bodies ... contradict Articles 1084, 1085 of the Civil Code of the Russian Federation. I would like to hear your opinion and hear answers to the following questions:
1. How to act to force the Ministry of Internal Affairs to pay compensation in compensation for health damage to a former employee of internal affairs agencies who became disabled due to an illness received during military service? To appeal directly to the court, referring to Articles 1084, 1085 of the Civil Code? Or apply to the Constitutional Court with a request to check the compliance of the above Instructions with the Civil Code of the Russian Federation?
2. Are there known cases, precedents in the territory of Russia of won ships on this topic?
3. I ask you to give specific examples of the courts won in claims for compensation in damages to the health of miners who became disabled due to a disease they got at work (asthma, tuberculosis, etc.).
I asked similar questions to lawyers and lawyers on the forum.
Thank you in advance

 

[Андрей Захаров]

Alexander, if you are really interested in the answers to your questions, I would recommend that you turn to the position of the Supreme Court of the Russian Federation, set forth in the relevant decisions of the Plenum or in letters to summarize the jurisprudence on these issues. It is not so simple ... There is a rule providing for the payment of compensation only in certain cases, in particular, “military trauma.” If this case does not fall into this definition, it’s a losing business ... And see for yourself the practice of the RF Armed Forces. If the Armed Forces have decided on this position, everything will be as indicated in the definitions of the Armed Forces and all ... In this case, the "nuances" play a big role ... Watching the practice of making positive decisions in the regions does not make sense, due to the fact that even if there were such decisions, they were obviously appealed to the judicial collegium for civil cases of the Armed Forces RF and, of course, the relevant decisions of the RF Armed Forces were made on them ... Something like this ...

 

[Детективное агентство. Мангуст. Уфа.]

Alexander, if you are really interested in the answers to your questions, I would recommend that you turn to the position of the Supreme Court of the Russian Federation, set forth in the relevant decisions of the Plenum or in letters to summarize the jurisprudence on these issues. It is not so simple ... There is a rule providing for the payment of compensation only in certain cases, in particular, “military trauma.” If this case does not fall into this definition, it’s a losing business ... And see for yourself the practice of the RF Armed Forces. If the Armed Forces have decided on this position, everything will be as indicated in the definitions of the Armed Forces and all ... In this case, the "nuances" play a big role ... Watching the practice of making positive decisions in the regions does not make sense, due to the fact that even if there were such decisions, they were obviously appealed to the judicial collegium for civil cases of the Armed Forces RF and, of course, the relevant decisions of the RF Armed Forces were made on them ... Something like this ...

The fact of the matter is that "... the norm providing for the payment of compensation only in certain cases, in particular" military trauma ". If this case does not fall within this definition, is a losing business ..." this position is enshrined in the Manual of the Ministry of Internal Affairs of the Russian Federation , and this contradicts Art. 1084, 1085 of the Civil Code of the Russian Federation. I know for sure that miners receive such compensation for the disease. As far as I dealt with this topic, so far none of the litigants raised the question of the contradiction of the Instructions to these articles of the Civil Code. The Supreme Court itself cannot resolve this contradiction.

 

[Гудимов Анатолий Геннадиевич]

Alexander, I’ve received some interesting advice on some issues at the forum of the Ministry of Internal Affairs, if you haven’t addressed yet, try
[DLMURL] https://www.police-russia.ru/forumdisplay.php?f=60 [/ DLMURL]

 

[Детективное агентство. Мангуст. Уфа.]

In addition, if the cops, like the miners, are allowed to receive this compensation, can you imagine how the budget will sink into the abyss? ... So the government itself is not interested in this, because so far as I know, none of the suing cops has won .. .

 

[Андрей Захаров]

It is thought that, nevertheless, no contradictions to the instructions (regarding compensation payments) and Articles 1084, 1085 of the Civil Code of the Russian Federation will be established, because an instruction-departmental (special norm) and it, in principle, does not limit the rights of employees of the Ministry of Internal Affairs who receive certain payments from the state for health damage (due to disability) ... Regarding the receipt of additional compensation related specifically to “military injury”, this is an additional measure to ensure the responsibility of the state in the event of damage to health to the employee of the Ministry of Internal Affairs who suffered damage as a result of precisely "military trauma" (regulated by special rules of law) ... Apparently this will be the decision of any court ... Something like this (based on approaches to resolving such cases ships) ...

 

[Арсен]

This is 95% without promise, since although there is a fact that the disease appeared during a job, there is no fact that
the disease appeared as a result of service. And to my deep regret, for our state, which supposedly cares about
a person and his rights will only be a reason for refusal. In any disputes with the Ministry of Internal Affairs in our country and with our corrupt judicial system, one should not look for the truth. This citizen will spend more nerves and get more injuries than if he leaves everything as it is.

 

[Blckshn88]

Re: compensation for harm former police

So the government itself is not interested in this because so far none of sudivshihsya cops, as far as I know, and did not win .