Often, as a result of unlawful actions of other citizens, a person is inflicted physical, moral or property damage. In this regard, he may apply to the court for damages. Compensation for moral harm is legally enshrined in article 151 of the Civil Code. In fact, moral harm is any suffering (physical and moral) that has occurred in connection with the violation of a person’s personal rights by another person, encroachment on intangible goods and some other cases provided for by law. The infringement may be aimed at life, health, the inviolability of one's life, copyright, dignity of the person, professional and business reputation, family and personal secrets, etc.
Compensation for non-pecuniary damage under the law should be paid by the violator in cash by court order. The amount of the moral damage caused may be claimed 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.
In order for the compensation requirements to be justified, the actions of the offender must cause the victim a mental reaction in the form of negative feelings and feelings (fear, humiliation, shame, etc.).
It does not matter to receive compensation, an action was intentionally committed that caused moral harm, or through negligence, in the following cases:
- if damage to life and health is caused by a source of increased danger;
- if the damage arose as a result of unlawful prosecution of a person, the election of a preventive measure - arrest; illegal conviction of a citizen; correctional labor 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 non-pecuniary damage is reimbursed only in those cases that are directly provided for by law. An example would be the “Law on Consumer Protection”, which is applied in a wide variety of circumstances in connection with the conclusion of contracts (leases, sale, rental, provision of various services, etc.).
When moral damage is caused as a result of the dissemination of information discrediting a person, a citizen has the right to compensation, regardless of whether the opinion about him actually worsened or not.
The court may take into account a variety of circumstances in order to determine the extent to which compensation for non-pecuniary damage will be paid. Judicial practice proceeds from the fact that the material situation of the person who caused the damage, as well as his ability to recover, must be taken into account. Non-pecuniary damage payments may also be made to third parties, for example, to relatives of a person who has been injured at the workplace and unable to continue the labor activity on which they are dependent.
Compensation for non-pecuniary damage is a fairly common occurrence due to the fact that a person is injured, causing physical suffering during the accident and in the process of being in the hospital. He is aware of his inferiority, cannot return to his former life and is experiencing moral suffering. Since the person suffered moral harm, he needs to pay the appropriate monetary compensation. However, compensation for non-pecuniary damage in road accidents should not be a way to “snatch” more money from the victim to the victim. The court, determining how much should be paid as compensation, should proceed from the requirements of reasonableness and, by this principle, must limit the amounts claimed.