PECULIARITIES OF CONSIDERATION OF CASES ON COMPENSATION FOR MORAL DAMAGE

ОСОБЕННОСТИ РАССМОТРЕНИЯ ДЕЛ О КОМПЕНСАЦИИ МОРАЛЬНОГО ВРЕДА

Мосиенко Никита Витальевич

магистрант, Институт сферы обслуживания и предпринимательства –филиал Донского государственного технического университета,

РФ, г. Шахты

Дмитриенко Надежда Алексеевна

научный руководитель, канд. пед. наук, Институт сферы обслуживания и предпринимательства –филиал Донского государственного технического университета,

РФ, г. Шахты

ABSTRACT

The article reveals the main aspects of the problem of compensation for moral harm, and analyses the main milestones of the formation of this institution in Russia. The legal basis of the institute of compensation for moral harm is considered. The authors see raising the level of legal literacy of the population as one of the ways to solve the problem.

АННОТАЦИЯ

В статье раскрываются основные аспекты проблемы компенсации морального вреда, а также анализируются основные вехи становления данного института в России. Рассматривается правовая база института компенсации морального вреда. Повышение уровня юридической грамотности населения, видится авторами, как один из путей решения проблемы.

Keywords: the rule of law, the rule of universal values, the problem of compensation for moral harm, compensation, protection of victims' rights, legal awareness of the population.

Ключевые слова: правовое государство, верховенства общечеловеческих ценностей, проблема возмещения морального вреда, компенсация, защите прав потерпевших, юридическая грамотность населения.

Ensuring fair, prompt and effective restoration of violated rights and compensation for the harm caused is the most important task of a state governed by the rule of law. The Russian Federation, which has declared itself a state based on the rule of law, must fulfil these criteria.

In this regard, the problem of compensation for moral damage is in the foreground. Its relevance is due to many factors and affects the interests of many individuals and legal entities. Compensation for moral harm is a way to restore justice and balance the violated interests, when the victim has suffered moral harm. In this case, compensation serves as an important signal that society recognizes and condemns the harm caused and is willing to restore justice by compensating for losses. In addition, compensation for moral harm plays an important role in protecting the rights of victims. It helps to restore a sense of security and dignity. Compensation for moral harm acts as a reparation for the harm done and fulfils a preventive function. It promotes awareness and the prevention of similar offences in the future.

The application of compensation for moral harm has its own peculiarities. Determining moral harm and the amount of compensation can be a complex process. It is necessary to take into account all aspects of the harm caused and the circumstances of the case in order to come to a fair decision. In addition, there are limitations and limits set by the legislation, which determine the permissible amount of compensation.

Based on these facts, let us dwell in more detail on the peculiarities of consideration of cases on compensation for moral harm.

Thus, the adoption of the Law "On Compensation for Moral (Non-Property) Harm" in 1991 was an important step in the sphere of legal protection of citizens. This law was the first in the history of the USSR, which established the possibility of compensation for moral harm in monetary form [1]. Citizens were able to assert their rights and receive fair compensation for psychological pain, humiliation or loss of dignity. This Law contributed to the formation of humanitarian values in society, stimulated respect for the rights of each person. It acted as an important tool for the prevention of violations and the creation of a fair legal society.

Compensation for moral harm is not always an easy task. It requires proof of the existence of moral harm and its relationship to the harm caused. Determining the amount of compensation can sometimes cause disputes and conflicts.

Later, in order to optimize the process, both general and special rules of law were adopted. Thus, the Resolution of the Plenum of the Supreme Court of the Russian Federation "Some Issues of Application of Legislation on Compensation for Moral Damage" of 20 December 1994 No. 10 (with subsequent amendments and additions) was an official document containing explanations and guidelines on the application of legislative norms on compensation for moral damage. Paragraph 4 of this Resolution dealt with issues related to determining the amount of compensation and taking into account various circumstances. This gave the judicial authorities and participants in the process clear rules and criteria for determining the amount of compensation for moral harm. In addition, the Ruling took into account important circumstances that could influence the amount of compensation. It was noted that it was necessary to take into account the degree of moral harm, the nature of the violated rights, the personal and family circumstances of the victims and other factors. This made it possible to take into account the individual peculiarities of each case and make a reasonable and fair decision.

It also reflected the principle of equality of arms. It emphasized that the amount of compensation for moral harm should be proportional to the damage caused and should not lead to unjustified enrichment or punishment of the offender. This approach favored balancing interests and ensuring fairness. Another important aspect was that the above-mentioned document listed the laws that were no longer in force and those that were currently in force.

Modern researchers consider the following stages of development of the institute of compensation for moral harm: from 3 August 1992 to 1 January 1995; from 1 January 1995 to the present [3, p.10].

The first stage is characterized by the action of the Fundamentals of Civil Legislation of the Union of Soviet Socialist Republics. Article 131 of the Fundamentals was of great importance in the legal system. It defined the basic principles of civil legislation, ensured uniformity and stability in legal norms, and formed the basis for the protection of interests of citizens in a civil society.

The entry into force of Part One of the Civil Code of the Russian Federation on 1 January 1995 (the second stage) led to fundamental changes in the institution of compensation for moral harm. The changes significantly affected the mechanism and principles of compensation for harm, allowing for more effective protection of the rights and interests of victims. Thus, one of the key changes was the definition of the independent and autonomous nature of moral harm. Under the new legislation, moral harm was treated as a separate category of damage. This made it possible to take into account the psychological consequences of violations and the suffering caused to the victims. In addition, the Civil Code of the Russian Federation established a presumption of compensation for moral harm in case of violation of honor, dignity and business reputation of citizens. In the presence of the fact of violation of these interests, compensation for moral harm was considered predetermined and was subject to application without additional evidence.

Another important change was the establishment of the principle of compensation for moral harm. Compensation should be aimed not only at restoring the property status of the victim, but also at compensating for moral suffering, insult and other non-material consequences.

The Civil Code of the Russian Federation has introduced a limitation period for compensation for moral damage. According to the new rules, a claim must be brought within three years from the date on which a person learnt or should have learnt about the violation of his or her rights. This made it possible to ensure timely defense of interests and prevent unreasonable prolongation of the judicial process.

It is noteworthy that Article 2 of the Civil Code of the Russian Federation establishes the principle of protection of inalienable human rights and freedoms, as well as other intangible benefits by civil legislation, unless otherwise follows from the substance of these benefits. This means that the civil legislation of the Russian Federation ensures the protection of such important aspects of the life and interests of citizens as their rights and freedoms, property and non-material benefits. At the same time, if the essential nature of these intangible goods requires a different approach, the civil legislation will determine specific norms and conditions for their protection [2, p. 48].

This makes it possible to take into account the specifics of each intangible good and ensure a fair approach to their protection in the civil sector.

For example, courts recover compensation for moral damage in cases of reinstatement when they recognize that an employee's non-property right, such as his business reputation, has been violated because of his unlawful dismissal. At the same time, the Civil Code of the Russian Federation has established that it is impossible to compensate moral damage caused by the violation of property rights based on general rules. Consequently, compensation for moral damage is permissible for damage caused in the period from 1 January 1995 to the present:

– in case of violation of personal non-property rights or other intangible benefits - on the basis of the general rule contained in Article 152 of the Civil Code of the Russian Federation, regardless of the existence of a special rule regulating specific legal relations;

– in case of violation of property rights - only on the basis of a special rule providing for such compensation in these legal relations.

Thus, in case of infliction of harm after 1 January 1995, the nature of the legal relations between the victim and the inflictor of harm is of paramount importance for the resolution of the issue related to compensation for moral harm.

The correct determination of the nature of the legal relations arising between the parties in the matter of compensation for moral harm and the law that regulates them is important for making lawful and well-founded decisions.

Moral harm includes a wide range of moral and physical suffering, ranging from moral distress in connection with the loss of relatives to physical pain associated with an injury, other damage to health, etc.

It is worth paying attention to the part of this explanation, which indicates the possibility of compensation for moral damage caused by the loss of relatives, because judges sometimes make mistakes in this matter.

Thus, the law allows compensation of moral damage to the victim not only by causing him physical suffering as a result of injury, but also moral suffering as a result of the death of a close person (spouse, parent, child, etc.).

Generally, compensation of moral harm is allowed in the presence of guilt of the inflictor of harm.

However, in a number of cases the law makes exceptions to this rule.

Thus, by virtue of Article 1100 of the Civil Code of the Russian Federation, compensation for moral harm is provided regardless of the fault of the inflictor of harm in cases where:

– Harm is caused to the life or health of a citizen by a source of increased danger;

– harm has been caused to a citizen as a result of his unlawful conviction, unlawful criminal prosecution, unlawful use of remand in custody or subscription on non-departure as a preventive measure, unlawful imposition of an administrative penalty in the form of arrest or correctional labor;

– harm has been caused by the dissemination of information defaming honor, dignity or business reputation;

– in other cases provided for by law.

In accordance with Article 151 of the Civil Code of the Russian Federation, compensation for moral harm shall be made only in monetary form. Before 1 January 1995, compensation was possible not only in monetary form, but also in other material forms.

When the institute of compensation for moral harm appeared in Russian legislation, lawyers predicted that courts would be flooded with claims for compensation for moral harm caused by unlawful actions of public administration bodies and officials infringing on the rights of citizens. However, this did not happen. Obviously, in addition to rather inefficient and protracted legal proceedings, this situation is caused by insufficient legal literacy of the population. Citizens do not know all their personal non-property rights and, accordingly, cannot establish the fact of their violation, although it happens everywhere and anywhere, even when buying food.

In modern reality, it is necessary to accurately understand the content of one's rights and obligations in order to be able to prove the violation of one's rights and freedoms.

Список литературы:

1. Закон СССР от 12 июня 1990 г. «О печати и других средствах массовой информации» // Ведомости съезда народных депутатов СССР и Верховного Совета СССР. –1990. – № 26. – Ст. 492. – Ст. 39. [электронный ресурс] – Режим доступа. – https://ru.wikisource.org/wiki/Закон_СССР_от_12.06.1990_№_1552-1 (дата обращения 09.12.2023).
2. Казанцев В. Возмещение морального вреда // Российская юстиция. – М.: Юрид. лит. – 2006. – № 5. - С. 48-49.
3. Кузнецова О. В. Возмещение морального вреда: практ. пособие. – М.: Юстицинформ, 2009. – 150 с.