Compensation of non-material damage due to unbased deprivation of liberty - examples from the practice of the Republic of Serbia and the Russian Federation

Igrački, Jasmina and Aleksandrovna Zadorozhnaya, Vera and Živadinović, Teodora (2026) Compensation of non-material damage due to unbased deprivation of liberty - examples from the practice of the Republic of Serbia and the Russian Federation. In: Prouzrokovanje štete, naknada štete i osiguranje: Zbornik radova sa XXIX međunarodne naučne konferencije, Valjevo, 2026. Univerzitet Singidunum, Beograd, pp. 138-158. ISBN 978-86-7912-868-3

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Abstract

Compensation for non-pecuniary damage resulting from unjustified deprivation of liberty is an imp ortant segment of the protection of human rights and justice in modern legal systems. This right implies the obligation of the state to compensate for the damage, because the harmful act is committed by civil servants in the performance of their duties. The state is liable objectively, regardless of guilt, if it is proven that the damage was caused by the unlawful act of an official. An analysis of the practice of the Republic of Serbia and the Russian Federation shows different approaches to determining the responsibility of the state and the amount of compensation. Special attention is paid to the effectiveness of legal mechanisms for the protection of human rights and the rights of victims of unjustified deprivation of liberty. In Serbia, the importance of judicial protection and the application of international standards is emphasized, while Russian practice emphasizes procedural mechanisms and the specifics of national legislation. By comparing this practice, the advantages and disadvantages of both systems can be identified, which contributes to the improvement of the legal protection of citizens and the prevention of violations of the right to freedom. The methodology of the work is based on a comparative analysis of legal regulations and court practice in the Republic of Serbia and the Russian Federation. Relevant legal acts, court decisions and legal commentaries, as well as professional literature in the field of human rights and non-material damage compensation, were collected and analyzed. A descriptive and analytical method was used to identify key elements and legal standards, while the comparative method enabled the comparison of the approaches of both countries. Also, part of the research includes the analysis of specific court cases that illustrate the practice of compensation for non-material damages due to unjustified deprivation of liberty, which is the goal of the research, to look in detail at the legal bases, procedures and jurisprudence in relation to the compensation of damages arising from the violation of personal freedom without a legal basis, as well as to identify similarities and differences in the approaches of two legal jurisdictions.

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