The driver was insulted by the traffic police and decided to recover immaterial damage

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The man was driving his car in Stavropol with his family when he was stopped by traffic police officers to check documents. He refused to show them (the reason is unknown), then he was removed from power, the car was detained and finally fined 5000 rubles under art. 12.7 of the Code of Administrative Offenses (“Driving a vehicle by a driver who does not have the right to drive a vehicle”). Subsequently, the court overturned the decision of the traffic police and stopped the proceedings, since there was no violation (paragraph 1, paragraph 1, article 24.5 of the Code of Administrative Offenses).

To protect his interests in court, the car owner hired a lawyer and paid him 25 thousand rubles. He wanted to recover this amount, as well as another 50,000 rubles in moral damage, from the traffic police, since he had incurred “losses and moral suffering”.

*This material was created by a person who has the status of a foreign agent in the Russian Federation.

At the regional court, the costs of a lawyer were recovered in his favor, and compensation for immaterial damage was reduced to 3,000 rubles.

Subsequently, the court repeatedly reviewed this case, with the result that the cassation court refused to recover moral damage from the car owner.

The court ruled that no immaterial damage had been caused, since the fact that an official report of an administrative offense had been drawn up did not speak of the illegality of the authorities’ actions.

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Source: Pravo.ru

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