How much is a terrorist attack

Ossetian deputies demand a law on the victims of terrorists in the near future to the State Duma and the government should be received by the chairman of the North Ossetia Parliament Larisa Khabitsova in a proposal to begin the development of the Federal Law on Social Support of the injured as a result of terrorist attacks. It is unclear whether a specific legislative initiative and a government decree will become the result of an appeal or a case will be limited to another shocking of air, although Russia has not yet moved away from the wave of terror of 1999-2003 and, paraphrasing the well-known expression of Suvorov, each terrorist attack is not complete until all his victims received help and rehabilitation.

The text of the appeal notes that the authorities of the republic receive "numerous appeals of citizens injured as a result of terrorist acts, with requests to provide assistance in treatment, in restoration of housing, as well as on the legal determination of their status and social support measures." Meanwhile, the existing legal framework does not allow solving these issues.

In particular, the legislation does not even define the status and concept of “victim of a terrorist act”, there is no clear distinction between the powers of federal and local authorities to assist the victims of terrorist attacks, and the amount of compensation is not determined.

Beslan = Chernobyl

“In essence, it was the initiative of the affected people themselves,” the initiator of the appeal, deputy chairman of the North Ossetia parliament, Azamat Khadikov, who is a native of Beslan, told the newspaper. He explained: "Constantly faced with the affected terrorist attacks, we began to study the current legislation and came to the conclusion that it is imperfect and protects mainly the interests of civil servants." That is, the military, representatives of the special services and the Ministry of Emergencies - those who prevent terrorist attacks, and not ordinary citizens who usually become victims of terrorist attacks.

The 21st article of the Law "On Countering Terrorism" clearly prescribes the amount of compensation and the procedure for payments to persons participating in the fight against terrorism and their relatives. And in relation to ordinary victims, the same issue, according to the 18th article of the same law, is resolved by a decree of the government. "In practice, this leads to confusion. It is not clear why the victims of the Beslan tragedy receive compensation according to one scheme, and, say, the injured as a result of the explosions in the Vladikavkaz market - in the other," says Khadikov.

He cited the example of the law on the status of participants in the liquidation of the disaster at the Chernobyl nuclear power plant, where these issues are clearly defined: "Why can not be adopted the same law regarding all the affected people from terrorist attacks?"

To the question of the "newspaper" why the Ossetian parliament itself did not develop a bill and did not propose it to the State Duma, because it has the right to legislative initiative, Khadikov replied that the people's deputies will arrive, and the text of the law is already being developed.

But the deputies want to first receive approval in the leaf assemblies of other subjects of the Federation, where the appeal will be sent. Although they do not have to do this. That is, they understand the need to adopt such a law, but do not take sole liability.

What is the benefit of the law

Lawyer Igor Trunov, representing the interests of the victims as a result of the Dubrovka terrorist attack, to which the newspaper turned for comments, appreciated the initiative of Ossetian deputies positively. He expressed the hope that the law on the status of victims of terrorist attacks would be adopted by noting, however, that so far the federal authorities have not shown special interest: "State Duma deputies prefer to perform on round tables, but they are in no hurry to do anything." The appeal, according to the lawyer, contains unnecessary provisions. In particular, he considers the question of the status of the victim of the terrorist attack quite clearly settled: the victim of the attack is a person who is a victim in a criminal case of terrorism. "

Trunov considers the key in the appeal of the North Ossetia parliament on the payment of compensation. He adheres to the same opinion as the Ossetian deputies: the size should be determined by federal law. Moreover, as Trunov points out, the state must take responsibility for the payment of moral damage to the victims. According to him, the courts of total considered 62 claims of the victims in the Nord-Ost case. Moreover, all requirements for the payment of moral damage are rejected. In the 18th article of the Law "On Countering Terrorism" it is written that moral damage should be collected from terrorists. "But this is absurd! They, as a rule, do not remain alive. And if they stay, then what can they pay? What can Nurpash Kulaev earn in prison?" - said the lawyer.

Skeptics

The victims of the attacks are skeptical of the prospects for the adoption of the law, the need for which they certainly recognize. “The state is very afraid to spend extra money. I think that they will save on us to the last, there are too many of us in the country,” Dmitry Milovidov, a member of the Coordinating Council of the Russian public organization Nord -Ost, shared his assumptions with the newspaper, which unites relatives of the victims in the theater center. He notes that even of those 100 thousand rubles that were paid to the relatives of the victims, a significant part was lost: burial expenses, inheritance and other expenses. “Why is this ridiculous savings? After all, it was possible to increase compensation payments. It turns out that the state gives compensation with one hand, and the other immediately takes it away,” he said.

Trunov believes that such a trap can be avoided only with the help of foreign experience: it is necessary to create a fund for the payment of compensation, which would receive funds confiscated from terrorists and transferred on a voluntary basis. "Now voluntary donations are disappearing in an unknown direction, and this has turned into a profitable business. I have serious suspicions that this business has terrorism itself, because such entrepreneurs are interested in that the terrorist attacks are committed again and again," Trunov said, without specifying, however, who exactly he means.

There are fears of another kind. Say, they will really react to the appeal in Moscow, they will accept the law, but they will forget to work out the mechanism of its implementation. It turns out that the reaction will be, but there are no real changes.

Finally, there is one more consideration, perhaps the most significant. Of course, it is a pity for the victims of terrorist attacks, but the image losses are more significant. The deputy director of the Center for Political Technology, Alexei Makarkin, called one of them the newspaper: "Inevitably comparisons with Western experience will go: how much was paid to the victims of September 11 and how many ours. As a result, the Kremlin will turn out to be the extreme. He needs it?"

How in the world they pay compensation to victims and relatives of the victims

Israel

Compensations for damage suffered as a result of terrorist attacks are determined by various departments.

For example, in order to obtain compensation for physical damage, the victims must undergo a psychological and medical examination, the results of which the amount depends. Damage is measured as a percentage. If, according to officials, as a result of the attack, a person suffered by 20%, then the amount of compensation will be 20% of the minimum wage (last year the minimum wage was equal to 3 thousand 335 shekels - $ 795).

If the family loses one of the family members, it is paid a monthly state allowance in the amount of 5 to 7 thousand shekels (from $ 1200 to $ 1650).

United Kingdom

Payments to victims of terrorist attacks are held through the compensation service line for citizens affected by illegal actions - Criminal Injury Compensation. The victim must send a statement there and go through a number of commissions. Experts will evaluate his physical and psychological health, determine how much the property of the victim suffered.

Damage is measured in points. There are 25 levels of compensation, payments range from 1 thousand to 250 thousand pounds ($ 1900 - $ 490 thousand). If the victim can prove that as a result of the attack, he lost his earnings or was forced to go to extra expenses, the amount of benefits may increase to 500 thousand pounds ($ 980 thousand).

USA

The Compensation Fund on September 11 was created by a special act of Congress immediately after the attack. The then US prosecutor general John Ashcroft appointed Washington lawyer Kenneth Feinberg as chairman of this fund.

Within 33 months of existence of the Faynberg Foundation, Pro Bono worked (that is, for the benefit of society and free).

Feynberg’s task was to calculate what compensation should be received by the family of each of the dead or crippled. To do this, he had to calculate how much each person could get in his whole life if he had not suffered.

If relatives did not agree to the appointed amount and refused to receive it, they could appeal its size in court. In total, during the existence of the Fund, American courts heard 1,600 appeal processes, Feinberg himself chaired by 900 of them. By the end of the compensation fund, 97% of the families received the total amount of payments amounted to about $ 7 billion.

Do you see the support of the affected by the state?

Ella Pamfilova / Head of the Presidential Council for the promotion of the development of civil society institutions and human rights:

I can see more where this support is absent or insufficient. When everything is fine, they do not contact me; They come to me with complaints and problems.

Unfortunately, we do not have unified standards for protection and assistance to victims of terrorist attacks. In different regions, the situation is different, depending on the desire and capabilities of local authorities. But there is no single federal protection. And yet there is still no effective system of medical and psychological rehabilitation at the state level, in which the victims really need.

Tatyana Karpova / Co -chairman of the regional public organization “Assistance in protecting the victims from terrorist acts”:

We do not see any support! We have a victim who, after a gas attack in Nord-Ost, gave birth to a child with cerebral palsy. We turned to Zurabov with a letter, asked to somehow finance the treatment of a child abroad: we learned that after such a treatment there is a hope that the child could move himself and asked for an order.

The mother of this child received an interesting answer: “If the Minister of Health sends children with such diseases abroad, this may undermine the prestige of domestic medicine.”

Or another case. Last year, we conducted a presentation of the book “An Independent Investigation of the Dubrovka Terrorist attack”. I remember everyone escaped: Shvetsova, General Vasiliev, Gudkov, Gurov, Pampilova, Torshin. They were very scared that the book contains materials with the instructions of specific volumes and pages of a criminal case. We talked with us affectionately, offered vouchers for refusing to publish a book. So last summer, many hostages of Nord-Osta went to the sanatorium and rest houses. And then we still released the book.

Vladimir Vasiliev / Chairman of the State Duma Committee on Security:

We managed to change the situation in terms of a terrorist threat both legislatively and organizationally, this is noticeable and obvious. But the problem of eliminating the consequences has yet to be solved.

There is no simple solution here. The first scheme according to which the world community is going on is risk insurance, and we have a number of bills in this direction. However, insurance of this kind of, say, entertaining objects, in fact, deprives them of the prospects of existence and development. Therefore, you need to find complex solutions. In some states, there are funds that participate in these processes. So this is a very wide topic.

We have assistance to victims of terrorist attacks, but it is insufficient and undifferentiated. Additional regional capabilities are often used, that is, compensation is provided, but such assistance should be built as state! For this, large resources, legal grounds, a meaningful system and appropriate mechanisms are needed.

Sazhi Samalatov / Chairman of the Russian Political Party of World and Unity:

First of all, it seems to me that the state should ensure the impossibility of an attack. And if people were injured, then the state could not protect them. He could not protect, which means that he should constantly take care of their future fate and their minor children, if any.

02/26/2007 / Gennady Savchenko, Alexander Sidyachko; The survey was prepared by Alexander Sargin Material published in the newspaper No. 35 dated 02.27.2007.