If a person has been suffering (moral / physical) actions that violate his intangible personal rights or infringe on the intangible goods that belong to that person, he may file a lawsuit. Non-pecuniary damage, under Art. 151 of the Civil Code of the Russian Federation , caused to the victim, can be compensated in cash.
In determining the amount of compensation for non-pecuniary damage, the court must take into account the degree of fault of the causer, as well as other significant circumstances. When considering the requirements of the victim, the degree of suffering (physical, moral) associated with his individual characteristics is taken into account.
Explanations of the Plenum of the Aircraft
According to statistics, the courts consider quite a lot of cases related to the recovery of moral harm. In judicial practice under Art. 151 of the Civil Code of the Russian Federation there are quite a few issues requiring a separate study. The variety of normative acts regulating relations related to the infliction of moral damage, the different terms of their entry into force create difficulties in resolving cases.
Analyzing the comments to Art. 151 of the Civil Code of the Russian Federation on non-pecuniary damage, given by the Plenum of the Armed Forces, it can be concluded that when considering disputes, courts should determine the nature of the relationship of the participants, establish specific legal acts governing them. Of no small importance is the admissibility of compensation for harm in the framework of certain legal relations, the time of entry into force of the act regulating this procedure.
It is mandatory to find out what confirms the fact of causing suffering to the victim, what action / inaction they caused, the nature of the suffering. The amount of non-pecuniary damage, according to Art. 151 of the Civil Code of the Russian Federation , first of all, determines the victim himself. In considering claims, the court, given the specific circumstances of the case, satisfies or does not satisfy them.
Features
Under the stipulated art. 151 of the Civil Code of the Russian Federation moral harm must understand the suffering (physical / moral) caused by inaction / action, encroaching on the intangible goods that belong to a person from birth. These include, in particular, health, honor, business reputation, life, family (personal) secrecy, etc. Actions / inaction may infringe on a person’s non-property or property rights. The former, for example, include the right of authorship, the use of one's own name, etc.
The established art. 151 of the Civil Code of the Russian Federation non-pecuniary damage may consist in worries about:
- Job loss.
- Inability to continue the former active life.
- The loss of relatives. For this reason, may be exacted under Art. 151 of the Civil Code of the Russian Federation moral damage in an accident.
- Dissemination of information discrediting the dignity of a citizen.
- Temporary restriction / deprivation of rights.
- Disclosure of a medical or other secret.
- Physical pain caused by injury.
Nuances
The Plenum of the Armed Forces emphasizes that in the Foundations of Civil Legislation of the USSR in Art. 131 provides for liability for damage caused by unlawful actions and in cases where in the regulatory acts there is no direct indication of the possibility of making such claims. According to Art. 151 of the Civil Code of the Russian Federation non- pecuniary damage is recovered according to the specified rule only when it is caused by actions encroaching on rights (non-property) or intangible benefits. In other situations, compensation can only be awarded if there is a reference to this in law.
The fault of the causer
It is considered one of the mandatory grounds for holding liable for non-pecuniary damage under Art. 151 of the Civil Code of the Russian Federation . Meanwhile, the legislation provides for a number of exceptions.
So, compensation for non-pecuniary damage under Art. 151 of the Civil Code of the Russian Federation can be awarded without the fault of the causer in cases when it is applied:
- The health / life of a person is a source of high danger.
- Due to unlawful conviction, unlawful detention or taking a recognizance not to leave, unlawful arrest or imputation of correctional labor.
- Dissemination of information discrediting dignity, reputation, honor of a citizen.
Labor Relations
As explained by the Plenum of the Armed Forces, the absence in the law of an indication of the possibility of obtaining compensation for non-pecuniary damage under Art. 151 of the Civil Code of the Russian Federation within the framework of specific legal relations does not in all cases mean that the victim is not entitled to make the relevant claims.
For example, on the basis of paragraph 3 of the first article of the Fundamentals mentioned above, the provisions of Art. May apply to labor relations that arose after 08/03/1992 . 131. This is possible insofar as liability for the moral / physical suffering of the Labor Code is not regulated. So, the court may oblige the employer to indemnify for damage caused by unlawful transfer or refusal of it on medical grounds, dismissal, recovery, etc.
The rule mentioned above also applies to labor relations arising after 01/01/1995, as the said actions of the employer violate the non-moral personal rights of the employee and encroach on other intangible benefits.
Limitations
If moral damage was caused before the entry into force of the normative provision establishing the possibility of compensation, the applicant's claims are not subject to satisfaction. This rule also applies in cases where the plaintiff suffers suffering after the entry into force of the act.
This position is due to the fact that at the time of the infliction of moral harm, liability was not established. According to general rules, a legislative act that strengthens liability in comparison with those that were in force at the time of the damage is not retroactive.
If moral damage was caused before the entry into force of the act, and the actions that provoked this harm continue after the entry into force of the document, moral damage must be compensated.
Limitation of actions
If the claim for non-pecuniary damage arises from the infringement of the moral rights and other intangible benefits of the victim, the statute of limitations does not apply to him. This situation is fixed in article 208 of the Civil Code.
If the claim arises from an infringement of property or other rights, the protection of which is carried out within the time period established by law, the limitation period provided for by the relevant standards shall be taken into account.
Collection form
As the Plenum of the Supreme Court explained, in disputes, the courts should take into account that for relations arising after 08/03/1992, compensation for moral damage is determined both in monetary and in other material form. As for the claims arising from legal relations that took place after 01/01/1995, - exclusively in money.
Taking into account these circumstances, the amount of compensation is determined depending on the amount and nature of the suffering caused to the victim, the degree of guilt of the causer in a particular situation, as well as other factors worthy of attention. At the same time, the amount of compensation cannot be set depending on the amount of satisfied claims in a claim for damages (material damage, etc.). In resolving such cases, the courts must be guided by the principles of justice and reasonableness.
Degree of suffering
It is assessed taking into account the actual conditions of the damage, as well as the individual characteristics of the victim. The latter should include any specific traits of the victim that can affect the intensity of the negative emotions experienced by him. For example, it can be a state of pregnancy, increased irritability, illness, etc.
State duty
In the proceedings on the recovery of compensation for the suffering suffered, the courts should take into account that moral damage is considered in the law as non-pecuniary damage, despite the fact that compensation is carried out in monetary or other material form. Consequently, the state duty for cases of this kind should be levied in accordance with the provisions of sub. 3 1 paragraph of Art. 333.19 of the Tax Code governing the payment of claims of a non-property nature.
However, it should be borne in mind that in a number of cases expressly fixed by law, the plaintiff may be exempted from the obligation to pay the fee.
Additionally
The court may consider independently filed claims for compensation for non-pecuniary damage. This is due to the fact that liability for suffering, according to the law, does not depend on the existence of property damage. Accordingly, a penalty may be awarded both in conjunction with compensation for property damage, or independently. The victim has the right to file a claim for compensation for the suffering suffered in the framework of criminal proceedings.