Indemnity is a legal term that comes from the English word indemnity. The latter is derived from the Latin indemnitas, which means "lossless." This concept at different times and in various fields of law did not have an unambiguous interpretation.
This situation continues today. How do the immunity and indemnity of a deputy relate? Is this term used in Russian law? Do deputies have immunity? Answers to these questions will be given below.
In English law
This concept is first found in English law of justice. And also it is inherent in the general law, where compensation without liability is not allowed. This provision did not allow the victim to recover his property losses in some cases. In their decisions, the English courts, based on the right of justice, allowed in certain situations compensation for losses even when liability for them did not arise.
Constitutional law implied that indemnity is a parliamentary decision that gave legal force to the actions of officials who were illegal at the time of their commission. This mainly concerned ministers and some other officials.
The spread of the concept
The construction of indemnity has become widespread in countries where common law applies. And it is also present in international contracts, especially in the area of acquisitions and mergers. In international law, indemnity is compensation, compensation for damage.
In the Prussian Landtag in 1866, a law was adopted regarding the concept being studied. He recorded impunity for members of the government and officials who in the previous period ruled in contrast to the decisions of the Landtag. This was due to the fact that for four consecutive years the budget was not approved by the Landtag, and the government, disagreeing with the will of the parliament, continued to rule the country and collect taxes.
Parliamentary Indemnity
This concept refers to the privilege of a deputy, which gives him the opportunity to speak freely and vote in parliament. This means a lack of responsibility for actions committed during the performance of official duties, which echoes the term “parliamentary 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 reward for the activities of the deputy, which is provided for by national legislation. It includes such components:
- wages;
- travel compensation;
- reimbursement of expenses for the residence;
- travel expenses;
- payment for the use of communication services.
What is indemnity in the Russian Federation?
In Russia
In Russian legislative practice, the term “indemnity” is not used. In this regard, domestic jurists did not have a common opinion on him. But if you do not go into the details of their controversy and formulate this concept in relation to the Russian parliamentary practice in a broad sense, then it will look as follows.
The indemnity of a member of parliament in Russia implies:
- lack of responsibility for the statement and other actions during the exercise of the powers of the deputy;
- parliamentary remuneration in the form of salaries, compensation and other payments.
Thus, we can conclude that the members of the Federation Council in the Russian Federation, like the deputies of the State Duma, have indemnity.
The immunity and non-liability of a deputy
These concepts in Russian law are close to such a term as “deputy immunity”. This fully applies to "parliamentary indemnity." More precisely, they are components of the first of these terms and represent guarantees that ensure the unhindered and effective exercise of parliamentary powers.
The immunity of deputies of the State Duma and SovFed gives them the opportunity:
- not to be held criminally liable for the entire term of office, as well as by administrative decision, to be administratively liable;
- subjected to arrest, detention, interrogation without authorization, given by the corresponding chamber of parliament.
The exception is only the case of the detention of a deputy at the scene of the crime.
Officials serving in internal affairs bodies, customs, and the FSB have the right to conduct personal searches of deputies. Deputy immunity applies to:
- to the office, residential premises of the deputy;
- his baggage;
- vehicles (personal and official);
- correspondence;
- means of communication;
- the documentation.
The issue of depriving a deputy of immunity is resolved if there is a representation of the Prosecutor General of Russia.
As for the parliamentarian’s irresponsibility in the Russian Federation, it, being an element of inviolability, means that he cannot be held criminally and administratively liable for voting position, opinions expressed and other actions corresponding to the deputy status. Its effect extends to a term lying outside the powers of the parliamentarian.
In the public interest
Immunity and non-responsibility are not personal privileges; they differ in their public law nature, as they correspond to the interests of society and provide enhanced protection for the personality of a statesman. This is due to the implementation of important functions by him and protects him from unwarranted repression. Thus, the law guarantees the unimpeded activity of parliamentarians, their independence and independence, which applies to the parliament as a whole.