The Supreme Court changes the practice of compensation for moral damage

Legislative regulation

In accordance with paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 No. 10, the category of damage under consideration includes any mental experiences, in particular those associated with the following points:

loss of close relatives;
the impossibility of continuing an active social life;
job loss;
violation of a certain secret (family, medical, adoption, etc.), the inviolability of which is guaranteed by current legislation;
dissemination of certain defamatory information;
illegal restriction or deprivation of certain rights;
physical pain resulting from harm to health (including due to illness resulting from moral suffering).

According to the provisions of the Civil Code of the Russian Federation, a person who has suffered moral damage has the right to demand from the person guilty of this payment of monetary compensation, the amount of which must correspond to the degree of harm received.

In addition, according to Art. 1100 of the Civil Code of the Russian Federation, compensation for moral damage should be carried out regardless of the guilt of the person who caused it (damage) in situations where:

Causing harm to health or life, accompanied by moral damage, was the result of a source of increased danger (auto or motorcycle transport, any mechanisms, high voltage power sources, etc.).
The victim was illegally subjected to: administrative detention, the imposition of an administrative penalty in the form of arrest or correctional labor, conviction, criminal prosecution, detention, or was left under recognizance not to leave.
Moral damage was caused to the victim as a result of the dissemination of information discrediting his dignity, honor and/or business reputation.
In other cases provided by law.

At the same time, the legislation does not regulate the condition of the victim who is a citizen of a particular state, from which one can naturally conclude that, in addition to citizens of the Russian Federation, both foreign citizens and persons without rights also have the right to demand compensation for moral damage (if there are legal grounds for doing so). citizenships located within the territory of the Russian Federation.

However, the moral damage received is subject to compensation only if the victim has appropriate evidence of the mental suffering he suffered, as well as the fact of a cause-and-effect relationship between the moral damage received and the actions (or inaction) of the guilty party.

Filing a claim

Causing injury to health, which entails moral suffering, requires damages, which are collected through the court. To do this, you need to file a claim for compensation for moral damages in the district court.

You can do this in several ways:

one application , which also indicates the amount spent on treatment;
two statements - about moral and material compensation;
with one statement without demanding material compensation, demanding exclusively for moral damage.

The course of the proceedings, but not the final amount, depends on the option chosen.

A statement of claim is drawn up in a certain form , and it is based on evidence that you can provide to the court.

After the “header” the main part is written, which describes in detail the actions performed on you. The text should be logical and consistent; adding emotions sometimes has a positive effect on the judge’s decision.

It is important to correctly draft a request to the court . It is indicated directly in the text and can consist of not only one, but any number of points. The request is the reason for the claim.

If you are talking about moral and material damage in one statement, material damage is put first on the list.

You are required to provide information about both sides (opponents). Therefore, in addition to your personal data, you need to find out the personal data of the defendant.

Criminal actions directed in your direction are a powerful argument in your favor and guarantee payment of damages. In this case, the application is submitted in parallel with the investigative authorities.

The statement of claim has a statute of limitations , which is exactly 12 months from the date of injury. After a year, it loses its force, so it will no longer be considered in court.

Recovery of moral damages: confirmation of the claim, features of the procedure

In accordance with the above, payment of compensation for moral damage received is carried out out of court or in court. In the first case, the result depends entirely on the will of the party guilty of causing moral harm.

In the second case, monetary compensation is paid on the basis of a court decision, which, in turn, is made upon consideration of the corresponding claim of the injured party.

In order for such a claim to be accepted by the court for consideration, it is necessary to provide official documents confirming the fact of receiving moral damage.

Depending on the specific situation as a result of which moral damage was suffered, various documents can be used in this capacity, in particular:

medical referrals to visit (and/or discharge) a psychiatrist, psychotherapist or other specialists, depending on the cause of harm;
medical prescriptions and receipts confirming the purchase of certain medications;
conclusions of authorized medical experts from public or private, but licensed medical institutions;
direct or indirect evidence of the connection between the occurrence of the suffering experienced and the actions or inaction of the defendant: materials of the criminal case, testimony or other evidence - physical or electronic documents, images (including screenshots of correspondence), audio and video recordings, etc.

Compensation for moral damage: amount of compensation

In turn, the procedural position of the responding party is based on proving factual circumstances that refute the arguments and facts contained in the basis of the claim, as well as confirming the inconsistency of the plaintiff’s substantive claims.

I was beaten by my son's former classmate when I tried to stop him from beating my son. Concussion, bruised face, bruised chest and foot. Now the former classmate asks not to bring the case to court. He is going into the army under a contract. Offers to pay for treatment costs and moral damages. What compensation should I reasonably demand from him? During a conflict, which had no illegal grounds, with a neighbor on the landing, I was inflicted with minor physical injuries, in other words, beatings. I immediately turned to the police department for help, where I filed a statement, after which I was assigned a forensic examination. On the same day I went to the emergency room with a complaint about my health. After which he removed the beatings.

O.S. a bruise of the soft tissues of the face occurred. Moreover, the moral Veda also lies in the numerous insults expressed by D.A. during the conflict. And until now O.S. lives in fear of a possible repetition of this conflict and causing physical harm.

S. were found guilty of committing a crime under paragraph “a” of Part 2 of Art. 116 of the Criminal Code of the Russian Federation.

This issue is also regulated by a number of federal laws that consider special cases of financial liability. It occurs for causing damage to the property of an individual or legal entity.

In accordance with the Resolution that was adopted in the case, the perpetrator, with criminal intent, inflicted beatings on a civilian who was a disabled person of group III and had a minor child. According to the expert opinion, the results of the beating were bruises on the body, which did not cause harm to health.

This issue is also regulated by a number of federal laws that consider special cases of financial liability. It occurs for causing damage to the property of an individual or legal entity.

So here's the question. The child’s parents want to demand 1.5 million rubles as moral compensation and for treatment.

According to the resolution on bringing to administrative responsibility dated June 14, 2017, “F.I.O.”, seeing “F.I.O.” near the house, attacked him, hit him in the face several times with his fists and threw him into the snow, while continuing punch him in the face.

Beatings: concept and features of the act

According to Art. 116 of the Criminal Code of the Russian Federation, beatings are actions of a violent nature that cause pain to the injured party, but do not cause serious harm to health. Not only blows are classified as beatings, but also other actions that cause pain to the victim (pulling out hair, scratches, pinching, etc.). To qualify a crime under Art. 116 of the Criminal Code, it is necessary that the subject act with intent. If it is absent, the act is considered as causing minor harm to the victim’s health due to negligence. But the Criminal Code does not provide for liability for such an offense.

Lawyers' answers (2)

You need to contact the magistrate of your area as a private prosecution with a written statement after receiving a notification from the police about the refusal to initiate a criminal case. The report of the forensic medical examination, explanations received on the basis of your application and other documents must be included in the materials of the inspection conducted by the police. You are unlikely to draw up an application to the court yourself, since it has a certain form. Therefore, you will have to contact a lawyer who can represent your interests in court.

The amount of compensation for moral damage is determined by the court depending on the circumstances of the case and can vary from 15 to 30 thousand rubles. Attach a photocopy of your passport, medical certificate, references from your place of work (if you work), and from your place of residence to your application.

Hello! Of course, you have the right to compensation for material and moral damage. But, such compensation can be recovered from your offender only after he is found guilty. Art. 116 and art. 115 of the Criminal Code of the Russian Federation relate to criminal cases of private prosecution and are initiated by a magistrate upon application as a private prosecution. After initiating a criminal case, you can file a civil claim for compensation for material and moral damage. The material claim is confirmed by sales receipts, cash receipts, contracts, etc. Moral damage must be proven by providing medical documents about deterioration of health in connection with the conflict, subjective opinion, and witness testimony. I think you may only need a lawyer to draw up an application to the magistrates’ court and a civil claim. Compensation for moral damage is up to 40 thousand rubles, as is the amount of the fine sanctioned by Article 116 of the Criminal Code of the Russian Federation.

Criminal liability

Article 116 of the Criminal Code of the Russian Federation consists of two parts.

Part 1 is not qualifying and provides for:

a fine of up to 40 thousand rubles;
correctional labor (up to 6 months);
arrest, the maximum term for this part is 3 months.

The sanction of Part 2 provides punishment for crimes committed:

a) for hooligan reasons; b) due to ideological, racial, interethnic, etc. hostility or hatred towards a certain circle of people.

In this case, the accused may face a real prison term (up to 2 years).

If, as a result of the beating, the victim’s health was caused serious harm, then the act is subject to qualification under Article 111 of the Criminal Code of the Russian Federation. This article contains a number of aggravating features, in the presence of which the accused may face up to 15 years in prison.

How to get compensation for beatings

The Criminal Code of the Russian Federation does not force the injured party to film the beating and write a statement to the police. Battery falls under the category of private prosecution cases. Therefore, in order to initiate a criminal case, the person to whom they were inflicted must submit a statement to law enforcement agencies. It is worth understanding that in this situation, the victim will have to find evidence indicating the fact of the beating on his own.

The first step is to remove the beating. To do this, you need to contact the nearest police department with a statement and they will issue a referral to a medical institution for the purpose of examination. After the examination, the doctor gives his opinion regarding the nature of the injuries received. The beatings should be removed no later than 1–2 days from the moment of the incident. And this period is not accidental; it is during this period that hematomas and other traumatic marks are most noticeable.

Medical examination can be completed in two ways:

go to the emergency room or hospital. This method is possible if the victim is in satisfactory health. If the beating caused serious harm to health, then an ambulance and the police are called. Such an act will already be qualified under Article 111 of the Criminal Code of the Russian Federation. Removal of beatings is a service that is provided completely free of charge in government institutions;
contact a paid clinic.

It is possible to go to a medical facility without a referral from the police. A surgeon or traumatologist, after a thorough examination, will issue a conclusion, but in such a situation the service will be paid.

Sometimes the conclusion issued by a medical institution is not taken into account by the court. In most cases, this is due to doubts regarding the authenticity of the report provided. Therefore, to relieve beatings, it is necessary to contact only medical institutions that have a good reputation, so that the professionalism of the specialists working in them cannot be questioned.

The second step is to contact the police with a statement written in any form and a medical report. When writing a statement, you must pay special attention to the details of the incident: where, when, under what circumstances it happened, who was a witness, etc. It is also necessary to indicate the personal information of all participants and witnesses of the fight: full name, exact address, contacts.