Moral harm, Civil Code of the Russian Federation: judicial practice
In various controversial situations, in addition to realThere is such a thing as moral damage. The Civil Code of the Russian Federation (Civil Code of the Russian Federation) directly establishes that compensation is provided for it. Many citizens know this in general terms. Everyone intuitively understands what moral harm is manifested. The Civil Code of the Russian Federation gives a clear definition of this concept. Let's try to explain the term itself, how many can claim compensation for harm, and also we will analyze cases from judicial practice.
Civil Code of the Russian Federation. Moral harm: 151 articles
Article 151 explicitly states that a citizen can claim compensation if he is harmed morally. This means physical or moral suffering.
What is physical suffering
Physical suffering, which falls under the notion of "moral harm" (Civil Code of the Russian Federation), is divided into two categories:
- Harm to health.
- Harm, as a result of which a citizen suffered material losses.
Let's try to understand the abstract examples, when for the harm caused to the person compensation is put, and when - no.
Suppose a citizen was stolen by jewels andthey handed them over to the pawnshop. In fact, he suffered real harm, expressed in monetary terms. Should I go to court in situations involving property loss? Of course, but in this case, he will refuse to satisfy the claims under Art. 151 Civil Code. Moral damage (item GK the Russian Federation) in the specified situation is absent. The fact is that the crime of property nature, in this example - the theft of jewelry, does not actually cause moral suffering. A citizen who has stolen property may demand real compensation for his losses, but this is not at all compensation for moral damage. The Civil Code of the Russian Federation provides for other articles regulating such situations.
It's another matter if the citizen caused harm as a result of the actions, which caused financial losses. A vivid example is the illegal dismissal of an employee. Here there are two events:
- The person was illegally dismissed, causing him moral damage (Civil Code).
- As a result of illegal actions, he lost his earnings (TC RF).
In this case the courts are completely on the sidethe injured person. As a result of illegal dismissal, compensation for moral damage is provided. The Civil Code of the Russian Federation contains such a concept as compensation for the deprivation of wages. This amount is determined by the average earnings per day for the last year of work, which is multiplied by the number of missed days. Of course, every case is unique. As lawyers say, there are no two identical situations.
Personal non-pecuniary damage
Personal non-property damage, as a rule,manifested in experiences, mental disorders. For example, a citizen was fired from his job, his health deteriorated, pressure rose, insomnia appeared. For confirmation it is desirable to take certificates from medical institutions. Unfortunately, the Russian courts are very scanty in this regard. This is quite logical. Real property damage can be estimated and proven through examinations, documents, checks. But how to monetize non-property damage? How to estimate the cost of insomnia, experiences? What should be the real compensation for moral damage? The article of the Civil Code of the Russian Federation regulating it does not contain references to minimum and maximum amounts.
Manifestation of moral harm
It can be expressed as follows:
- Loss of work.
- Disclosure of medical and family secrets.
- Dissemination of invalid information that offends the honor and dignity of a citizen.
- Direct injury to health.
With regard to the disclosure of medical and familysecrets, then there are often various problems. For example, a well-known businessman with his wife turned to a family psychologist about internal family problems. Disclosure of this information to third parties will lead to loss of reputation. A businessman may lose beneficial contracts. Psychologists and doctors are required to keep the secret of their clients. However, the journalists learned about the history of the businessman. They published it on the pages of newspapers. The businessman lost profitable contracts, his reputation as a leader was shaken. Of course, it is difficult to prove a direct causal relationship. Therefore, it is impossible to calculate the real damage from such actions.
The situation is different with the damage to health. There are specific references, extracts from medical documents, medical history. All this can serve as an evidence base in court.
How much does the damage cost?
Legislation does not provide for limitations in thecompensation for non-pecuniary damage. Everyone decides for himself how much he assesses the deterioration of health, insomnia, experiences. In judicial practice, there were cases when this amount reached eight-digit numbers. The state duty is not provided, as, for example, in a property dispute, therefore every citizen has the right to write any amount of compensation. It's one thing to write, another to sue. As noted above, courts are very sparing to compensate for non-property damages. Therefore, instead of the declared 200-300 thousand rubles, the plaintiff, as a rule, sees in the decision the amount is much less.
You need to pay with money
Moral harm (Civil Code, Art. 1101) is compulsorily compensated in cash. The amount is determined by the court, taking into account the individual characteristics of the case in question. This means that if a person broke an old fence from his grandmother in the village, then a new court will not be built in his place - he will have to pay with money. Even if instead of a wooden fence the culprit wants to build it from more expensive materials. Such cases are resolved in the framework of a pre-trial settlement. It will be impossible to declare such a wish at the trial.
Compensation for non-pecuniary damage is notreasonable expenses of enterprises. This was made clear by the Ministry of Finance of the Russian Federation in a letter dated January 24, 2007. It says that compensation for moral damage paid by the enterprise for illegal actions is taxed. This is not a justified expense associated with the commercial or other activities of the enterprise. Consequently, there are no tax incentives.
Time Limit of Limitation
The limitation period for claims for compensationmoral harm, i.e., time to file an application with a court, is determined from the nature of the legal relationship. If an unlawful action results from a violation of the property or other nature, which provides for the limitation period, then the same period is determined for compensation of moral damage. Let's explain on a concrete example. The citizen was illegally dismissed from his job. The limitation period for the restoration is one month under the new Civil Procedure Code in force since 2010. This means that you can also demand compensation during the forced absence period during this month.
But if the violation is connected with personalnon-property rights, then the limitation period is absent. For example, if a citizen is slandered, harmed his professional reputation, he can at any time apply to the court for moral damages. It is worth noting that one statement is not enough. It is necessary to provide evidence. They will be discussed in more detail below.
Decision on compensation for moral damageconsiders only the court. He relies not only on the words of the victim, but also examines the evidence base. As a rule, the basis for decisions taken are:
- Written evidence (references, prescriptions, extracts).
- Witness's testimonies.For example, colleagues at work, business leaders can confirm that a significant change has occurred with the victim, related to experiences: the quality of work has decreased, behavior, emotional state, etc. have changed.
- The conclusion of experts, experts - various diagnoses, medical certificates.
The totality of all the abovementioned evidence will form the basis of the decision on compensation.
Do not be afraid to go to a psychiatrist
Professional lawyers note that ifthe citizen really experiences emotional experiences connected with drawing to it of moral harm, it is not necessary to neglect a campaign to the psychiatrist. Most people misconceive that only seriously ill people turn to them for help, and that such treatment will lead to further problematic situations: there will be difficulties in finding a job, there will be a negative medical history, etc. Do not be afraid of it. Appeal to a psychiatrist, caused by emotional experiences, is quite normal. The doctor prescribes sedative medications, tells you how to cope with anxiety, will give a written confirmation of the fact of treatment - all this can affect the future compensation.
How to defend your rightness
Sometimes it is extremely difficult to prove the truth.Some seemingly banal situations reach the highest court of law - the Supreme Court of the Russian Federation. Sometimes new decisions are made there, which proves one important theory: you must always go to the end in defending your rightness. If a citizen believes that store employees, for example, carelessly reacted to security measures, as a result of which his health was harmed, then one decision of the district court is not in his favor should not stop. Often the decision of the first instance is annulled in the appeal. It may turn out that the defendant will also go to the end. Large firms have their own full-time lawyers. The court is their work. Therefore, a victory in one instance for an ordinary citizen, as a rule, is not final. Often legal organizations are submitted to higher authorities.
So, the article of the Civil Code of the Russian Federation on moral harm - 151.According to her, the victim can apply to the court for compensation. Moral harm means suffering caused by wrongful acts. Payment is made only in cash. The decision is taken solely by the court on the basis of all available evidence. Minimum requirements are not contained in Article 151 of the Civil Code. Moral harm (severity), each determines for himself, but we must understand that our courts are averse to compensation.