LawCausing Harm

Compensation for non-pecuniary damage

Often, as a result of illegal actions of other citizens, a person is inflicted physical, moral or property damage. In this regard, he can apply to the court to obtain compensation for damage. Compensation for non-pecuniary damage is legally enshrined in Article 151 of the Civil Code. In fact, moral suffering is any suffering (physical and moral) that have arisen in connection with the violation of personal human rights by another person, encroachments on non-material goods and some other cases provided for by law. The encroachment can be aimed at life, health, the inviolability of someone's life, copyright, personal dignity, professional and business reputation, family and personal secrets, etc.

Compensation for non-pecuniary damage under the law must be paid by the infringer in monetary form upon a court decision. The amount of moral damage caused can be stated by the victim himself, but this does not mean that it will necessarily be approved by the court. Determining the amount of compensation, the court takes into account the degree of guilt of the offender, the moral and physical suffering of the victim, as well as other relevant circumstances. The court must be guided by the requirements of reasonableness and justice.

That the claims for compensation were justified, the actions of the offender should cause the victim to have a psychic reaction in the form of negative feelings and experiences (fear, humiliation, shame, etc.).

In order to receive compensation, it does not matter whether the action was intentionally committed, which caused moral damage, or by negligence - in the following cases:

- if the damage to life and health is caused by a source of increased danger;

- if the damage arose as a result of an illegal criminal prosecution of a person, the choice of a preventive measure - arrest; Unlawful conviction of a citizen; Corrective work or arrest;

- if the damage arose in connection with the dissemination of information that discredits the dignity, honor, business reputation of a person;

- in other cases in accordance with the law.

In case of violations of property rights, compensation for moral damage is compensated only in cases that are directly provided for by law. An example can be the "Consumer Protection Law", applied in a variety of circumstances in connection with the conclusion of contracts (rent, purchase, hiring, providing various services, etc.).

When moral damage is caused as a result of the dissemination of information defaming the person, the citizen has the right to compensation, regardless of whether the opinion has worsened in reality or not.

The court can take into account a variety of circumstances in order to determine the extent to which compensation for moral damage will be paid. Judicial practice is based on the fact that the material situation of the person who caused the damage, as well as its possibilities for reimbursement, must be taken into account. Payments of moral damages may be made to third parties, for example, to relatives of a person who has sustained a personal injury in the workplace and who is unable to continue working, the dependents of which they are.

Compensation for moral harm is a fairly frequent phenomenon due to the fact that a person is injured causing physical suffering during an accident and while in hospital. He realizes his inferiority, can not return to his former life and experiences moral suffering. Since a moral harm is done to a person, he needs to pay the corresponding monetary compensation. Nevertheless, compensation for moral harm in an accident should not be a way to "snatch" the victim more money from the harm's inflictor. The court, determining the amount to be paid as compensation, must proceed from the requirements of reasonableness and, by this principle, must limit the amounts claimed.

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