How to determine the amount of compensation of moral harm?
concept of “moral harm“ of the Russian legal system appeared a little more than 20 - ti years back. But only relatively recently this type of protection of the rights of the citizen became ordinary matter in legal practice.
In vessels the victims rather often began to address for compensation of moral harm. Legal entities also address with the requirement of indemnification, but in such cases the speech, as a rule, goes about business reputation of the company.
The possibility of such compensations is defined not only the Civil Code, but also Labour, by Family Codes and a number of Federal laws. For example, the Family Code provides cases when the victim has an opportunity to apply for compensation of moral harm in cases of recognition of marriage to invalid. The conscientious party (for example, the spouse who was not knowing about the conclusion a marriage of convenience with it) can apply for compensation of moral harm.
How the amount of compensation pays off?
for such category of uniform practice does not exist as the same actions can be perceived and be endured by different people extremely unequally. It is clear, that degree of physical or sincere sufferings - especially individual indicator. Therefore, the sum in all similar cases cannot be identical. This moment often serves as the reason that judgments on such affairs are quite often challenged.
The main criterion influencing compensation size is degree of the physical or sincere sufferings suffered by the citizen. This category has subjective character therefore here quality of readiness of evidentiary base is important. Also court victim`s identity, a state of his health, psychological features of perception is taken into account, imprudence or designedness in causing moral harm and so on is considered.
It was much said that the court, making the decision on cases of compensation of moral harm, has to follow the principles of justice and rationality. The sum should not have character of a penalty, and has to correspond to the sufferings suffered by the citizen as much as possible. Compensation should not become means of enrichment of the victim, it is also necessary to consider financial position and possibilities of the causer of harm.
Positive sides of practice of compensation of moral harm are in a judicial proceeding obvious. The similar phenomenon says that value of non-material values increased in our society, moral harm admits the same degree, as well as physical sufferings. Besides, the present order of compensation of moral damage assumes big freedom of the claimant in the choice of methods, arguments and evidentiary facts.
But it is also necessary to note that uniform jurisprudence for determination of the amount of compensations of moral harm is absent. And at the account court of financial opportunities of the defendant attempts to hide the true financial position and the size of the income from the last are frequent.