we are Talking about compensation the so-called moral damage, which the citizens present in connection with the death of loved ones, workplace injury, defective products or wrongful dismissals. Today, almost every civil and in almost every criminal case there is a line about compensation of moral harm.
Recently, the district court in the small Urals town has considered the claim of the family of the deceased in the workplace electrician. Guilty in the death of the father of a large family was recognized as the safety officer of the local company. After the verdict the victim’s family demanded compensation of moral harm because it has lost the native person. And received. The amount was humiliating to twenty thousand roubles. But in the neighbouring district poacher for the life of the killed moose by the court to pay nearly half a million rubles.
About how much “worth” the life and health of a person by a court “price list”, the lawyers argue first year. And in each case the size of moral harm determines a particular judge for a particular case.
the Statistics about compensation of moral harm was voiced last year by the Association of lawyers of Russia. Now, according to estimates AYUR, large penalties are assigned when millions of rubles, – units that are “legal do not make the weather”.
bar Association, in speaking of a paltry compensation, in turn, refers to the statistics of the Judicial Department under the Supreme court of the Russian Federation. The average compensation for life and health in the past year amounted to 84 thousand rubles.
basically, for injury or loss of a loved one the citizens have on the decisions of courts from 50 thousand to 200 thousand rubles. And received such payments across the country a total of 14 thousand people. Against this background, individual lawyers and organizations have urged reconsideration of the current practice.
There is an interesting proposal is to establish a lifelong compensation for moral damage due to health damage. This proposal makes sense. After all, if a citizen became severely disabled, mentally to suffer from injury after a year of not stop. There is hope that the amount of damages for life began with a certain figure, but with six zeros. In any case, by the courts compensation for a life in ten to fifty thousand rubles already firmly causes outrage and the victims, and the legal community. In the meantime, the payment of even a small payment is provided once.
For the increase in the size of compensation of moral harm are already before the Supreme court of the country. There is even an example of when the Supreme court of the Russian Federation on its own initiative awarded compensation for moral damages in 2.3 million rubles instead of the 150 thousand. In this case, the court referred to the Convention for the protection of human rights and fundamental freedoms, and to the practice of the European court of human rights.
we will Understand what today is the amount of moral damages. In our Civil code moral damages is one of the ways of protection of citizen’s violated rights. The court takes into account the degree of guilt of the offender, and the nature of physical and moral suffering of the victim. The law States that the judge “shall render a decision subject to the requirements of reasonableness and fairness”.
So what you can claim compensation for moral damage? All grounds listed in the Civil code and other laws. It is a violation of the secrecy of a will, a violation of the moral rights of the author, violation of the rights of a consumer rights violation due to improper advertising, failure to comply with the travel Agency and the terms of the contract with the citizen, violation of human rights by the disclosure of “restricted information”, a violation of the rights of the citizen discrimination at work, unfair dismissal, injury or the death of a person.
to Demand compensation of moral harm it is not always possible, but only if there will be multiple circumstances. This is human suffering because of violations of his rights, omissions or illegal actions of those who caused the suffering, and proven guilty tortfeasor. Regardless of fault of the tortfeasor to claim compensation only in case of harm to life and health caused by source of increased danger, if a person is illegally condemned or divulged about the information, discrediting his honor.
the Supreme court in the materials of the Plenum added to the list of moral experiences in connection with loss of relatives, the inability to continue an active social life, loss of work, disclosure of family, medical secret, physical pain, etc.
Today the amount of compensation of moral harm is estimated, because in the Russian legislation there are no clear criteria for its definition. Foreign courts for the recovery of high amounts of compensation for moral harm is the norm. But where such requirements are considered for many years. In our country the institution of compensation for moral damages exists only 27 years old. The judicial system is a short time. The smallest compensation for the death of a person his family amounted to 5 thousand rubles, and the largest is just below eight million.
it is Clear that an exact number is impossible – there is so much change in legislation, but to determine the lower limit of the price of the suffering is long overdue.
