Compensation for moral damage caused to individuals, as well as damage to the honor and dignity of individuals – entrepreneurs and legal entities
Compensation for non-pecuniary damage is one of the varieties of civil rights protection. However, how is this mechanism implemented in practice and in what cases can it be used?
Compensation for moral harm has a certain list of features, which are, first and foremost, clearly defined unlawful acts that have a negative emotional impact on others, include the types of moral school, such as:
– causing injury and other damage to health that led to physical pain and suffering of the individual;
– unlawful behavior in relation to an individual, his or her family members or close relatives, which led to the mental suffering of the individual
– destruction or damage to property of an individual, which led to his or her mental suffering;
– humiliation of the honor, dignity of an individual and business reputation of an individual and a legal entity, etc.
The peculiarity of non-pecuniary damage is that it is non-pecuniary in nature and may consist in psychophysical suffering of an individual, as well as other negative consequences of non-pecuniary nature, which were caused by the degradation of honor, dignity of an individual and business reputation of an individual and legal entity, as well as other unlawful acts.
In practice, questions related to the amount of non-pecuniary damage are often raised. Unfortunately, the Civil Code of Ukraine leaves the question of determining the amount of non-pecuniary damage without proper legal regulation. Non-pecuniary damage is assumed to be compensated by money, other property or otherwise. Regarding the amount of financial compensation for non-pecuniary damage, the law stipulates that it is determined by the court depending on the depth of spiritual or psychophysical suffering of the victim, the degree of guilt of the person who caused the moral harm. This means that in determining such compensation, neither the court nor the parties will have any legal prerequisites for determining it.
At present, in Ukraine, not only are there clear procedures for determining the amount of moral harm, there is not even a lower or upper “Level” as a benchmark. This is an imperfection in the law and compels the court to consider the requirements of “Reasonableness and Justice” when determining the amount of non-pecuniary damage. Non-pecuniary damage shall be compensated regardless of the pecuniary damage to be recovered and is not related to the amount of such compensation.
In some cases, the terms and procedure for non-pecuniary damage may be established by law, for example: “About” information, “About the print media in Ukraine”, “About television and radio”, “About state support” mass media and social protection of journalists “, ZU” On the procedure for compensation of damage caused to a citizen by illegal actions of bodies of inquiry of preliminary investigation, prosecutor’s office and court “, etc.…
In practice, compensation for non-pecuniary damage is a rather complicated procedure, however, the success of such a procedure is an extremely important indicator of the rule of law.
Author: Vladimir Pipko