НАСТОЯЩИЙ МАТЕРИАЛ (ИНФОРМАЦИЯ) ПРОИЗВЕДЕН, РАСПРОСТРАНЕН И (ИЛИ) НАПРАВЛЕН ИНОСТРАННЫМ АГЕНТОМ МЕЖРЕГИОНАЛЬНОЙ ОБЩЕСТВЕННОЙ ПРАВОЗАЩИТНОЙ ОРГАНИЗАЦИЕЙ “ЧЕЛОВЕК И ЗАКОН” ЛИБО КАСАЕТСЯ ДЕЯТЕЛЬНОСТИ ИНОСТРАННОГО АГЕНТА МЕЖРЕГИОНАЛЬНОЙ ОБЩЕСТВЕННОЙ ПРАВОЗАЩИТНОЙ ОРГАНИЗАЦИИ “ЧЕЛОВЕК И ЗАКОН”
11 July 2022
Last summer, a fire broke out on one of the streets of the private area of the city of Yoshkar-Ola. It happened in a house in which two families lived, under one common roof, but with a separate entrance.
As it turned out, some of the neighbors with their friends and relatives celebrated their birthday that day. In the evening, the owners flooded the bathhouse. Around midnight, one of the guests saw a glow in the window – the roof caught fire. Those gathered tried to extinguish the fire on their own and called the Ministry of Emergency Situations. They stopped the spread of the fire. But not only the bathhouse and the house of the perpetrators of the fire, but also part of the neighbors’ living quarters suffered.
There is no single law on fire victims in Russia. At the federal level, there are several articles of the Housing, Civil and Criminal Codes. Based on them, it is the owner who is responsible for the maintenance and condition of his housing, preventing mismanagement of it. Owners are obliged to maintain their homes in good condition, to respect the rights and legitimate interests of neighbors, the rules for the use of residential premises (Article 30 of the Housing Code of the Russian Federation).
Losing an apartment or a house is always a grief associated with large material costs for buying a new home or restoring the old one, as well as serious psychological experiences. It is not possible to count on compensation if the housing was not insured and was privately owned. At the same time, if it is proved that the fire was caused by a particular person, including as a result of careless actions, the victim has the right to recover from him the full cost of the damage.
Based on this, the family affected by the fire appealed to the human rights organization “Man and Law” to resolve this dispute in court, because it was not possible to resolve the issue with the neighbors peacefully. The damage caused by the fire was assessed. It amounted to almost 2 million rubles. Lawyer Dmitry Yalikov prepared a statement of claim, which was sent to the court, demanding to reimburse this amount.
The Yoshkar-Ola City Court partially satisfied the claims of the affected family, and decided to collect compensation in the amount of over 557 thousand rubles from the neighbors responsible for the fire (including the costs of assessing the damage caused by the fire and the state fee).
– In the near future, the victims of the fire, who suffered through the fault of careless neighbors, need major repairs to restore their home. The situation is complicated by the fact that the family is considered to have many children, – says lawyer Dmitry Yalikov, – In their opinion, the compensation awarded by the court is disproportionate to the upcoming costs. After studying the materials of the court case and receiving the court decision, we intend to appeal the decision of the Yoshkar-Ola City Court to the Supreme Court of the Republic of Mari El.
