How to collect compensation for moral damage?
the Russian courts began to make decisions on compensation of moral harm since the beginning 90 - x years. The possibility of compensation of moral harm is recorded in the existing Civil code of the Russian Federation (Civil Code of the Russian Federation).
What is moral harm?
In article 151 of the Civil Code of the Russian Federation is specified that it is the physical or moral suffering inflicted on the citizen by actions which encroach on his non-material benefits. The non-material benefits are partially listed in previous, 150 - y to article of the Civil Code of the Russian Federation. Life and health, security of person, honor and a reputation, the right of free movement, the choice of the residence, a copyright and other personal non-property rights concern to them.
At the same time moral harm cannot be done to legal entities. It is obvious that physical and moral sufferings for legal entities are impossible.
A characteristic example of causing moral harm is publication in mass media of the data discrediting the citizen which are not true. Carelessness of municipal services can be other example: if the person slipped on not cleaned sidewalk and was traumatized, then besides harm to health it is available also moral harm.
Perhaps, having read up to this place, you remembered long offense and were going to collect compensation in a judicial proceeding. Then first of all be defined how you will prove the fact of physical or moral sufferings. With physical sufferings it is simpler: they can be confirmed with an extract from the clinical record, the certificate of temporary disability. Worse with sufferings moral. Certainly, it is possible to shoot the video, zhivopisuyushchy your own sobbings, but it is better to such extravagant ways not to resort - our Post-Soviet judges can misunderstand you. Be limited to testimonies of two witnesses inspiring trust.
Then decide what your non-property rights were violated by the offender. It is desirable to find the proofs confirming prichinno - investigative communication between actions of the offender and the consequences which came for you. do not forget to read to
in the Civil code article 1100 where it is about the bases of compensation of moral harm. There is a number of cases when the moral damage has to be indemnified irrespective of, your offender is guilty or innocent. For example, if harm is done to health of the citizen by a source of the increased danger (and such source is the car, a tower crane and even a neighbour`s dog).
After that learn present location of the offender (defendant) and you sit down to write the statement of claim. Of course, it is possible to charge this business to the lawyer, but whether it is better to make a few efforts for punishment of the offender and to write the statement of claim with own hand?! Especially as it is written in any form, and it is easy to find samples of statements of claim in the Internet.
The amount of compensation of moral harm is specified by the claimant. However it is necessary to know that such compensation (according to Art. 1101 of the Civil Code of the Russian Federation) is carried out in a monetary form. Therefore do not demand instead of the sufferings “ Rolls - Royce “ the yacht or a country house in French riviera, forget about millions of dollars, and better modestly specify the sum of hundred thousand rubles. The exact sum will be determined by court; most likely, it will be less, than you ask.
Farther everything simply. You learn requisites of appropriate court (usually it is court in the location of the defendant) and you pay in bank the state duty - 10% of the minimum wage. Then you put the statement of claim, its copy, the receipt on payment of the state duty in an envelope, and you send all this the registered mail (better with the assurance of receipt) to court.
If did not make mistakes, then month through two - three to you the judicial agenda will come. Here then, at stages of preparation and hearing of the case, you need the lawyer. In total - in court session it is very good to have legally educated consultant and the assistant.
… So if someone offended you, and you do not intend to forgive, then think: whether moral harm was done to you? Perhaps, you were offended in some exotic way? Then, having carried the case, you will create judicial precedent, and your name will be included in some judicial encyclopedia.