Compensation for moral damage

What is moral damages

In contrast to the definition of material damages, the legislation vaguely describes what moral damage is

Civil legislation poorly interprets the concept of moral damage (harm). In particular, Art. 151 of the Civil Code of the Russian Federation speaks of two components of this phenomenon. These are categories of suffering: physical and moral. They are caused by the action or inaction of a certain entity who is responsible for the occurrence of adverse consequences for another person.

Summarizing the experience of judicial practice in this category of cases, the Supreme Court of the Russian Federation explains that moral damage can be expressed in the experiences of a particular person, which are associated with the death of a loved one, a ban on continuing professional activities in connection with the disclosure of information that disgraces the reputation, the disclosure of medical confidentiality, etc. .

What to remember when calculating the amount of the claim

Let's consider several criteria that are always taken when calculating the amount of compensation:

• The total amount of the claim cannot exceed 720 minimum wages (minimum wages);
• It is important to write an adequate amount that is commensurate with the damage caused. Otherwise, the court will think that the plaintiff wants to “make money” and not receive compensation;
• You should find out the financial status of the defendant. If he lives modestly, then he is unlikely to be able to pay a large amount, which means that the court will not satisfy the claim. Factors such as disability, old age, the presence of small children, pregnancy and much more will also be taken into account;
• It is imperative to analyze judicial practice in similar cases. If you can’t do this yourself, it would be best to contact a lawyer. If in such cases the plaintiffs managed to obtain large sums, then the claim can also indicate a large amount. If in all such cases the plaintiffs were denied compensation, then the likelihood of receiving it in a similar case is practically zero. If a payment is assigned, it will be minimal.

Watch the video. Moral damage and moral suffering, determination of damage:

Types of moral damage

Harm is the deprivation of a person, in whole or in part, of benefits of a material or intangible nature. Damage is any change that is unfavorable and relates to non-property benefits. Harm is expressed in suffering caused by the culprit. Types of moral damage include:

• encroachment on the life, health of a person or his loved ones;
• imprisonment (illegal);
• loss of right;
• disclosure of secrets (medical, correspondence);
• dissemination of information that is not true;
• transmission of data defamatory to a person;
• violation of rights that are inalienable from a person’s personality.

According to another classification, moral damage is divided into 2 groups:

• physical suffering;
• moral.

IMPORTANT: it is not necessary that the two groups exist together when determining the amount of compensation payments. Only moral suffering can be caused, but not physical suffering.

Moral harm - moral feelings

Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, disclosure of family or medical secrets, dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restrictions or deprivation of any rights, physical pain associated with injury, other damage to health or in connection with a disease suffered as a result of moral suffering, etc.

Description of moral damage in legislative acts

Moral damage caused to an employee by the actions of the employer

According to Article 237 of the Labor Code of the Russian Federation, “moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.” This article allows an employee to demand compensation for moral damage not only in case of violation of his personal non-property rights, but also property rights, including non-payment (delay in payment) of wages.

In accordance with paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of December 20, 1994, the court has the right to oblige the employer to compensate the moral and physical suffering caused to the employee in connection with illegal dismissal, transfer to another job, unjustified application of disciplinary action, refusal to transfer to other work in accordance with medical recommendations, etc. Violations of an employee’s rights that entail the latter’s right to compensation for moral damage include illegal dismissal from work, failure to issue a work book upon dismissal, refusal to hire a woman for reasons of pregnancy, and others.

What is the amount of compensation for moral damage for a violated employee’s right? Approximately from several hundred to several thousand rubles.

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In what cases is compensation due?

A person has the right to expect compensation if he has suffered mental or moral suffering. The perpetrators are encroaching on his moral rights.

Condition of compensation: violation of property rights by the culprit. If harm is caused by actions or inactions that violate these rights, compensation occurs under Art. 1099, paragraph 2.

It is important that moral damage is subject to compensation regardless of the presence of damage of a property nature (Article 1099, paragraph 3, Article 15 N2300-1 of the Federal Law).

Moral damage is compensated for infringement of non-property (personal) rights. The Civil Code of the Russian Federation contains a number of articles that serve as grounds for going to court and collecting monetary compensation from the culprit. In addition, sectoral laws contain provisions that are grounds for seeking help from the court and collecting certain amounts of money from guilty citizens.

Conditions under which liability arises:

1. Guilty actions of a person.
2. The responsibility to prove the existing harm lies with the person who is recognized as the victim.
3. The victim has the right to demand compensation for moral damage in any amount. The court is obliged to establish the amount of monetary payments based on the following:

• the offender's guilt;
• level of human suffering;
• the beginnings of rationality and justice.

Moral suffering of a person

Moral harm identifies characteristics that correspond to a legal institution:

Moral suffering is a feeling that is characterized by psychological discomfort for a person and the appearance of anxiety. These facts worsen his life and make him feel depressed. Moral suffering manifests itself in the form of fear and anxiety, constant tension, depression, leading to depression.

Physical suffering of the face

Physical suffering is an imbalance in the functioning of the vital systems of the human body. This is caused by injuries, exacerbation of chronic illnesses, as well as unfavorable environmental factors.

This type of suffering is not a mandatory element of moral damage and can be compensated separately from it.

Compensation for moral damage in civil law

A special feature is that guilty actions are focused on intangible benefits. They cannot be justified from an economic point of view and are inalienable from a person’s personality. They include privacy and personal integrity, health and honor, dignity. Among the methods of their protection, compensation is paid by the culprit.

To bring a person to financial liability, a set of relevant grounds is determined:

• fact of damage;
• its degree;
• the presence of guilt in a person’s actions;
• the presence of a cause-and-effect relationship between a person’s actions and the consequences that occur for another citizen.

The fact of the violation must be proven in court by the victim. Compensation for moral damage under Art. 1064, paragraph 1 is reimbursed in full. If during the process of violation the victims lost benefits, then the amount of compensation payments may be set at the top of the established norm.

In case of an accident

In addition to compensation for material losses in an accident, you can also try to obtain compensation for moral damage.

The harm caused to a person as a result of an accident has a material and non-material basis. Analyzing the non-property component is more difficult than, for example, material damage in an accident.

In order for the court to issue an adequate amount of compensation payments, it is necessary to present the fact of the accident and establish the degree of guilt of all participants in the accident. And also understand the severity of the moral suffering of the victim.

When causing property damage

Moral damage is subject to compensation in situations provided for in Art. 1099, clause 2 of the Civil Code of the Russian Federation. In this case, moral damage must be compensated regardless of compensation for property damage.

In case of damage to non-property benefits

Moral damage is compensated if the actions of the guilty person caused damage to the intangible benefits of a person that belong to him from the moment of birth.

In case of violation of labor relations

The violator is the employer who, through guilty actions, caused suffering to the subordinate. The cases in which compensation occurs are recognized:

• refusal to employ a person without reason;
• non-payment of wages;
• transfer of an employee without legal reasons to another position, etc.

If the victim decides to go to court, he must prove that the employer’s actions led to a deterioration in his physical condition. They also caused moral suffering. Evidence may include certificates and medical documents.

In case of violation of consumer rights

Moral damage is caused to the buyer who purchases any goods. And also to the customer who uses the goods and services. Cases where harm occurs may include the discovery of significant defects in a product. Because of this, the person can no longer use the purchased item. And also in a situation where the use of a product of inadequate quality has caused harm to human health.

The concept of compensation for moral damage as a way to protect civil rights

The main constitutional provisions of our country provide that the state is obliged to provide the victim with access to justice, as well as compensation for damage, both moral and physical.

Moral harm is a certain form of physical or moral suffering that a citizen experiences as a result of violation of his civil rights and freedoms. In our country, the institution of moral damage has existed for quite a long time, but is still considered one of the most unexplored legal norms.

Moral damages can arise from any violation of civil rights. If, as a result of a violation, physical harm is caused to a citizen, then it will contain a bit of moral harm, since as a result of physical damage the person will experience suffering. In this case, compensation for moral damage will be applied only at the request of the injured party.

Moral damage is a type of non-property right, and is not associated with causing specific material damage. However, this does not mean at all that if this damage is caused to a specific citizen, he cannot protect his civil rights. If desired, he can receive appropriate compensation in the form of money.

Determining the amount of compensation for moral damage

How much to ask in court as compensation for moral damage? The amount of compensation payments is determined by a decision of the judicial authority. In other words, the judge, at his own discretion, sets the amount of payments. In doing so, it is based on Art. 151 and 1101 of the Civil Code of the Russian Federation.

When determining the amount, the guilty actions of the offender, as well as other circumstances, are taken into account. The court is obliged to take into account the degree of suffering, as well as associate it with the individual characteristics inherent in a particular person.

The list of criteria for determining the amount of compensation is supplemented by Art. 1101 of the Civil Code: the amount of payments is determined by the court, it all depends on the nature of the moral and physical suffering that is caused to the victim. The degree of guilt of the offender is taken into account. When making a decision, the judge takes into account the principles that rationality and justice dictate to him.

The amount of compensation payments is not affected by the satisfaction of material claims made by the plaintiff to the defendant. This rule was established by judicial practice, in particular, by the resolution of the Plenum of the Supreme Court of the Russian Federation dated 1994 under number 10.

What factors does the court evaluate?

When determining the amount of a fine for moral damage, the court takes into account:

• the degree of guilt of a person in causing suffering to another;
• the level of completeness of suffering of a moral and physical nature;
• principles of reasonableness and justice.

In case of damage to human health, moral damage is compensated. And when determining the amount of compensation payments, the court takes into account its degree.

So, there are mild, moderate and severe degrees. When determining it, it is based on the level of a person’s ability to carry out work, as well as on the period spent recovering a person after an injury. Additionally, the consequences are taken into account: blindness, deafness, amputation of limbs, etc.

Thus, the amount of compensation for moral damage depends on the level of physical harm that was caused to the person:

Content and structure of the claim for compensation for moral damage

The claim is written according to the rules of Art. 131 Code of Civil Procedure. The application includes mandatory details. Its content is the plaintiff’s demands against the defendant, which relate to compensation for moral damage. The plaintiff must determine the amount at which he estimates the moral and physical suffering caused to him.

The claim includes the following points:

• name of the court where it is filed;
• information about the parties: plaintiff and defendant;
• the circumstances under which the harm was caused;
• listing the consequences for humans;
• witness statements;
• demand to the court with reference to legal acts.

The applicant must attach a package of papers to the claim. In the case of compensation for moral damage, the following is necessary:

• certificates, extracts from medical institutions where the applicant applied;
• extracts from experts who prove that a person was harmed, for example, in a criminal case;
• suffering of a psychological nature must be confirmed by documents transmitted from psychologists and psychotherapists.

The plaintiff is obliged to indicate the amount of compensation payments independently, in a statement that he intends to submit to the court office.

But you should not hope that the court will take into account exactly the figure indicated by the injured person when making a decision. Typically, courts base this matter on the reasonableness of the claims and the fairly determined amount.

Regardless of the submitted calculation of moral damage, the court will determine the amount of the fine at its discretion

Procedure for compensation for moral damage

Based on current legislative principles, moral damage must be noted in court.

In order to receive the necessary protection of civil rights, the victim must apply to the court with an appropriate petition, having previously prepared documentary support for the process and the evidence base.

After the petition has been submitted for consideration, the court will determine the method and amount of compensation for moral damage, but before that large-scale work will be carried out.

In particular, the court will have to do the following:

• Determining the nature of the relationship between the victim and the accused;
• Determination of the actual damage that was caused to the injured party;
• Determination of the reasons that led to the commission of a criminal act that resulted in moral damage;
• Determination of the specific amount that will be recovered from the accused in favor of the victim when determining all the circumstances of the case.

Rules for registration and procedure for filing a claim

The rules for going to court are as follows:

1. If the damage to the victim was caused as part of an administrative offense, then the case is considered by a magistrate.
2. If a person has suffered moral damage as part of a criminal case, then the issue is considered by a court of general jurisdiction.
3. Jurisdiction: the claim is heard by the court at the defendant’s place of residence.

According to the amount of the claim:

1. The case is considered by a magistrate if the applicant estimates his suffering to be up to 25,000 rubles.
2. If the plaintiff considers that his damage is more than this amount, then he should go to the district court.

The claim is drawn up in several copies. It all depends on the number of participants in the disputed legal relationship. The document must include information about the plaintiff, defendant, the circumstances of the offense committed, a requirement that the harm be compensated, and indicate the calculation of moral damage for filing a lawsuit.