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Ruling of Judicial Division for Civil Cases of Russian Supreme Court re: Suit of A. A. Khamzalatova - Russia and the Republics Legal Materials - Second Series
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Originally from Russia and the Republics Legal Materials - Second Series
Preview Page 2 March 2015, No. 23-КГ14-9
The Judicial Division for Civil Cases of the Supreme Court of the Russian Federation composed of: L. M. Pchelintseva, presiding, G. A. Guliaeva and S. V. Frolkina, judges
Considered in open judicial session on 2 March 2015 the case with regard to the suit of A. A. Khamzalatova against the Ministry of Finances of the Russian Federation and Ministry of Defense of the Russian Federation concerning contributory compensation for moral harm upon the cassational appeal of a representative of the Ministry of Defense of the Russian Federation, S. V. Kaluzhenskii against the decision of the Leninskii District Court, City of Grozny, of 18 December 2013, and appellate ruling of the Judicial Division for Civil Cases of the Supreme Court of the Chechen Republic of 24 April 2014.
Having heard the report of the Judge of the Supreme Court of the Russian Federation, L. M. Pchelintseva, the explanations of representatives of the Ministry of Defense of the Russian Federation, P. Iu. Podshibiakin and L. E. Stepanova, setting out the arguments of the cassational appeal, the judicial decrees subject to being vacated with the rendering of a new decision in the case concerning the rejection of the suit of A. A. Khamzalatova,
the Judicial Division for Civil Cases of the Supreme Court of the Russian Federation established:
A. A. Khamzalatova brought suit in court against the Ministry of Finances of the Russian Federation and Ministry of Defense of the Russian Federation concerning contributory compensation for moral harm. In substantiation of the demands declared, A. A. Khamzalatova referred to the fact that on 20 December 2000, in an interval from 9:20 to 11:50 hours, the territory of the Chechen State University was subjected to mortar shelling, as a result of which five students of the University perished, including her only son – R. S. Dashaev, born … The fact of the death of R. S. Dashaev under the said circumstances is confirmed by a death certificate and medical certificate concerning the death. A criminal case was initiated with regard to the fact of the perishing of R. S. Dashaev on 20 December 2000. On 22 June 2012 A. A. Khamzalatova was deemed to be a victim within the framework of a criminal case. In applying to the court with the present case, A. A. Khamzalatova requested the court to recover contributory compensation for moral harm in connection with the perishing of the son in the amount of … rubles.
William E. Butler, Emeritus Professor of Comparative Law in the University of London, attached to University College London, is the John Edward Fowler Distinguished Professor of Law at the Dickinson School of Law, Pennsylvania State University, and Founder and Director of The Vinogradoff Institute.
An authority on the legal systems of Russia and former Soviet nations, he is the author, co-author, editor or translator of more than 3,500 books and articles on Russian, Soviet, Kazakhstan, Ukrainian, Uzbekistan, and other Commonwealth of Independent States legal systems. He has acted as Counsel to the EBRD, European Union, World Bank, United Nations, and Department for International Development of the United Kingdom on individual law reform projects.
The recipient of numerous honors for his service to Russian and international law, Professor Butler is Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences, Associate of the International Academy of Comparative Law, and Member of the Russian Academy of Legal Sciences. He has been elected to his fourth term as a member of the Russian International Court of Commercial Arbitration. In 2003 Professor Butler was awarded the G. I. Tunkin Medal by the Russian International Law Association.
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