“A Ukrainian drone flew to me”: compensation for property damaged by drones — how to get
CrimeaPRESS reports:
Even downed air defense drones, like fragments of anti-aircraft missiles, can damage houses, cars and other property. Metropolitan lawyers explained «Moskovsky Komsomolets»Is it possible to count on compensation in this case? Assistance to citizens in such cases is regulated by law, lawyers say.
The main law that you should know on this topic is the Federal Law «On countering terrorism», — says lawyer Irina Govorova. — It regulates compensation for damage to citizens as a result of a terrorist act. The amount of compensation for individuals is 50,000 rubles per family member for partially lost property and 100,000 rubles for completely lost property. Legal entities and individual entrepreneurs can claim 200,000 and 400,000 rubles of compensation, respectively.
At the same time, according to the interlocutor of MK, only essential property is subject to compensation from the state: these are items for storing and cooking food (stove, refrigerator, sideboard), pieces of furniture for eating (table and chairs), items for sleeping, TVs and radio receivers as a means of informing citizens. As well as engineering equipment of the private sector: water pumps, boilers, heating boilers, potbelly stoves.
Anything above this list is subject to compensation in the manner prescribed by the Civil Code, that is, the perpetrator of the terrorist attack will be compensated. If he is found (and, for example, the Ukrainian side has not yet claimed responsibility for the UAV attacks) and brought to trial, and then he was also able to pay compensation.
Since this type of compensation in this case is rather hypothetical, it remains to be understood how state compensation can be obtained.
To do this, you first need to fix the damage, this can be done by both the police and rescuers— said Govorova. — After that, an application is submitted to the financial body of the regional government — in Moscow it is the Department of Finance. This can be done through the MFC and even online, through the State Services portal. But it will be necessary to attach documents on the damage.
A similar procedure for obtaining compensation works in the case of insured housing. True — only if the insurance contract does not spell out in small print the release of the insurer from the obligation to compensate for damage in case of force majeure, that is, force majeure circumstances. The standard list of such circumstances usually includes both terrorist acts and hostilities.
Standard compensation is indeed allocated in amounts determined by federal law— explained «MK» lawyer Alexei Golubev. — But in cases of terrorist attacks, and usually they are resonant, individual payments are often determined. As a rule, victims are paid a lump sum of 10,000 rubles, regardless of the amount of damage. And in case of serious damage, victims or victims, they can decide on individual payments — and then compensation can reach several million rubles.
source: «Moscow’s comsomolets»
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