Russian Tort Law

Sources and Structure

Russian tort law is codified in the Civil Code of the Russian Federation (Гражданский кодекс Российской Федерации), specifically Chapter 59 (Articles 1064–1101) on “Obligations Arising from the Causing of Harm” (Обязательства вследствие причинения вреда). The Code, adopted in parts from 1994 to 2006, replaced the Soviet-era civil legislation and introduced a market-oriented framework. The general principles of Russian tort law are supplemented by federal statutes, including the Law on Compulsory Motor Liability Insurance (OSAGO, 2002), and by interpretative resolutions of the Plenum of the Supreme Court of the Russian Federation.

General Rule: Article 1064

Article 1064(1) establishes the general rule: harm to person or property is subject to full compensation (полное возмещение вреда). Fault is the general basis of liability. Article 1064(2) creates a presumption of fault: the victim must prove harm and causation; the defendant must prove absence of fault. Fault is defined socially — conduct is culpable if it fails to meet the required standard of care. Intent (умысел) and negligence (неосторожность), including gross negligence (грубая неосторожность), are recognised.

Lawful harm is not compensable unless it exceeds lawful limits or involves strict liability activities. Harm caused in necessary defence (необходимая оборона) is not compensable (Article 1066). Harm caused in extreme necessity (крайняя необходимость) is compensable, though the court may reduce the amount (Article 1067).

Strict Liability for Sources of Increased Danger

Article 1079 of the Civil Code imposes strict liability on the owner (владелец) of a source of increased danger (источник повышенной опасности) for harm caused by that source. The provision lists examples: vehicles, industrial machinery, high-voltage electricity, nuclear materials, toxic chemicals, construction activities, and other activities that create a heightened risk of harm to others due to the inability to exercise complete control over them.

Liability attaches to the legal owner or the person who, by virtue of ownership, lease, power of attorney, or other legal basis, possesses the source of increased danger. The owner is liable regardless of fault. Exemption requires proof that the harm resulted from force majeure (непреодолимая сила) — extraordinary and unavoidable circumstances — or the intentional act of the victim (умысел потерпевшего). Gross negligence of the victim may reduce compensation but does not exempt liability.

Where multiple owners of sources of increased danger cause harm jointly, they bear joint and several liability (солидарная ответственность). The Resolution of the Plenum of the Supreme Court No. 1 of 26 January 2010 on compensation for harm to life and health provides detailed guidance on the application of Article 1079.

Liability for Minors

Articles 1073–1075 of the Civil Code govern liability for harm caused by minors. Harm caused by a minor under 14 years of age is compensable by the parents, adoptive parents, or guardians (опекуны), unless they prove that the harm arose through no fault of their own. The liability of parents continues for three years after the minor reaches majority if the parents are at fault and the former minor is insolvent. Educational, medical, and social institutions that exercise temporary custody may be liable if they fail to exercise proper supervision.

Harm caused by minors aged 14 to 18 is compensable by the minors themselves. Where they lack sufficient means, the parents or guardians are subsidiarily liable (субсидиарная ответственность) if they cannot prove absence of fault.

Liability of State Bodies and Officials

Articles 1069–1071 establish the liability of the Russian Federation for harm caused by unlawful acts of state bodies and officials. Article 1070 governs liability for unlawful conviction, detention, and criminal prosecution. Liability arises regardless of official fault; compensation is paid from the federal treasury.

Compensation for Moral Harm

Article 151 of the Civil Code provides for compensation for moral harm (моральный вред) — physical or moral suffering caused by acts infringing the personal non-property rights of a citizen or encroaching on other intangible benefits. Moral harm includes feelings of fear, humiliation, helplessness, shame, pain, and the distress caused by loss of a relative, inability to continue an active life, and disclosure of family or medical secrets.

The Resolution of the Plenum of the Supreme Court No. 10 of 20 December 1994 on compensation for moral harm provides detailed guidance. Courts consider the degree of the defendant’s fault, the nature and depth of the victim’s suffering, the character and extent of the harm, the individual characteristics of the victim, and the circumstances of the case. The amount of compensation is determined by the court’s discretion (усмотрение суда) guided by principles of reasonableness and fairness. There are no fixed tariffs; awards are modest compared to Western European jurisdictions.

Moral harm is compensable regardless of property damage. It is not compensable to legal entities. The right to claim moral harm is non-transferable and does not survive death, except where the claim has been filed before the victim’s death.

Damages

Property damage (имущественный вред) is compensated under Article 15 of the Civil Code, which defines losses (убытки) as including real damage (реальный ущерб) — the costs of restoring the injured right, loss of or damage to property — and lost profit (упущенная выгода) — the income that would have been received but for the tort. Full compensation is the rule.

Article 1083 permits the court to reduce the amount of compensation taking into account the property situation of the tortfeasor, except where the harm was caused intentionally. The provision reflects the social orientation of Russian tort law. Gross negligence of the victim reduces the amount proportionally; if the victim’s intent caused the harm, compensation is denied. The principle of full compensation applies to personal injury: the tortfeasor compensates lost earnings, medical expenses, funeral expenses, and the costs of additional care.

Limitation Period

The general limitation period for tort claims is three years (Article 196 of the Civil Code). For claims arising from harm to life and health, the limitation period does not apply (Article 208): the right to compensation continues indefinitely, though claims for past maintenance are limited to the three-year period preceding the filing of the action. The limitation period for claims for compensation for harm caused by environmental pollution is three years from the date the victim knew or should have known of the violation (Article 6 of the Law on Environmental Protection).