Indemnity is a term with multiple meanings

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:40

Indemnity is a legal term that comes from the English word indemnity. The latter is derived from the Latin indemnitas, which means "infallible". This concept at different times and in different areas of law did not have an unambiguous interpretation.

This situation continues today. What is the relationship between immunity and indemnity of a deputy? Is this term used in Russian law? Do deputies have immunity? These questions will be answered below.

In English law

This concept is first found in the English law of equity. And it is also inherent in common law, where compensation without liability is not allowed. This provision did not allow the victim to compensate for his property losses in a number of cases. In their decisions, the English courts, based on the law of equity, allowed in certain situationscompensation for losses even when there was no liability for them.

In constitutional law, it was understood that indemnity is a decision of the parliament, which gave legal force to the actions of officials that were illegal at the time they were committed. This mainly concerned ministers and some other officials.

Spreading the concept

The design of indemnity has become widespread in countries where common law applies. It is also present in international contracts, especially in the area of acquisitions and mergers. In international law, indemnity is compensation, indemnification.

In the Prussian Landtag in 1866, a law was passed concerning the concept under study. It recorded the impunity of members of the government and officials who, in the previous period, ruled in opposition to the decisions of the Landtag. This was due to the fact that for four years in a row the budget was not approved by the Landtag, and the government, not agreeing with the will of the parliament, continued to govern the country and collect taxes.

Parliamentary Indemnity

This concept refers to the privilege of a deputy, giving him the opportunity to freely speak and vote in parliament. This means the absence of responsibility for actions committed during the performance of official duties, which echoes the term "deputy immunity". And after the deputy resigns, ceasing to be a member of parliament, no one has the right to hold him accountable for these actions.

Parliamentary indemnity is a term that has another meaning. This is a remuneration for the activity of a deputy, which is provided for by national legislation. It includes the following components:

• wages;
• fare reimbursement;
• reimbursement of residence expenses;
• travel coverage;
• payment for the use of communication services.

What is indemnity in Russia?

In Russia

In Russian legislative practice, the concept of "indemnity" is not used. In this regard, domestic jurists did not have a unanimous opinion regarding him. But if we do not go into the details of their controversy and formulate this concept in relation to Russian parliamentary practice in a broad sense, then it will look like this.

Indemnity of a member of parliament in Russia implies:

• lack of responsibility for statements and other actions during the exercise of the powers of a deputy;
• remuneration of the parliamentarian in the form of salary, compensation and other payments.

Thus, we can conclude that members of the Federation Council in the Russian Federation, like deputies of the State Duma, have immunity.

Inviolability and irresponsibility of a deputy

These concepts in Russian legislation are close to such a term as "deputy immunity". This fully applies to the "parliamentaryindemnity". More precisely, they are components of the first of these terms and represent guarantees that ensure the smooth and effective exercise of parliamentary powers.

The immunity of deputies of the State Duma and the Federation Council gives them the opportunity:

• not be held criminally liable during the entire term of office, as well as by a court decision - to administrative;
• arrested, detained, interrogated without authorization given by the respective House of Parliament.

The only exception is the case of detention of a deputy at the scene of a crime.

Personal searches of deputies have the right to officials serving in the internal affairs bodies, at customs, the FSB. Parliamentary immunity extends:

• for official, living quarters of a deputy;
• his luggage;
• vehicles (personal and official);
• correspondence;
• means of communication;
• documentation.

The issue of depriving a deputy of immunity is resolved if there is a submission from the Prosecutor General of Russia.

As for the irresponsibility of a parliamentarian in the Russian Federation, it, being an element of immunity, means that he cannot be held criminally and administratively liable for his voting position, opinion expressed and other actions corresponding to deputy status. Its action also extends to a period beyond the powers of the parliamentarian.

In the public interest

Inviolability and irresponsibility are not personal privileges, they are distinguished by their public law nature, as they correspond to the interests of society and provide enhanced protection for the personality of a statesman. This is connected with the implementation of important functions by him and protects him from unjustified repressions. Thus, the law guarantees the unhindered activity of parliamentarians, their independence and independence, which also applies to the parliament as a whole.