HOW TO COMPENSATE FOR MORAL DAMAGE FOR VIOLATION OF THE RIGHT TO INVIOLENCE OF HONOR, DIGNITY AND BUSINESS REPUTATION?

Compensation for non-pecuniary damage for violation of the right to inviolability of honor, dignity and business reputation of an individual has certain features, namely the justification and proof of the amount of non-pecuniary damage to be compensated.

As we wrote in previous articles on this topic, the court decides at its own discretion on the amount of claims. In fact, a person who has suffered non-pecuniary (moral) damages has the right to assess their amount at its own discretion, but the court, as noted, will still decide this issue at its discretion.

Of course, when substantiating the amount of non-pecuniary damage, refutation of these negative statements, the party who will be the plaintiff in the case must gather as much evidence that can refute these statements, usually it may be factual data that are contrary to those stated by the distributor of inaccurate information. there may be testimonies of persons who are contrary to inaccurate information, photos and video evidence. However, for the most part, the court will consider these materials only as evidence that can substantiate the fact that the information disseminated is really unreliable, and the question of the amount of non-pecuniary damage to be compensated will still be guided by their own beliefs.

That is why it is necessary to carry out the following series of actions, namely to conduct appropriate examinations, first semantic and philological examination to determine the nature of the information disseminated, ie whether it really contains information where there are slanders and statements that violate the right to inviolability honor, dignity and business reputation. Later it was necessary to conduct an examination to determine the damage caused to the psychological state of the individual, namely psycho-sociological examination. These examinations must be conducted in order to prove at the expert level the inaccuracy of information, ie to prove the fact that the information disseminated about the plaintiff which became the basis for going to court is really unreliable, as well as to obtain an expert opinion on the psychological consequences of intangible damage, namely moral damage.

However, it should be noted that based on case law, the court, even in the presence of these expert opinions in 90 percent of cases will still reduce the amount of non-pecuniary damage, which must be compensated regardless of the amount claimed, and therefore should objectively assess non-pecuniary damage. , that when filing a claim for compensation for non-pecuniary damage, the amount of court fees payable will be 1.5 percent of the claimed amount of non-pecuniary damage.

Theoretically, anyone in Ukraine can try to protect their rights, even in this area, but we would advise to find a suitable specialist in this field.