Moral damage to the Civil Code of the Russian Federation, art 151: judicial practice
If a person has suffered(moral / physical) actions that infringe on his intangible personal rights or encroach on the intangible benefits that this person belongs to, he can file claim. Moral harm, according to art. 151 Civil Code of the Russian Federation, inflicted on the victim, can be compensated in monetary form.
In determining the amount of compensation for moraldamage to the court must take into account the degree of guilt of the culprit, as well as other significant circumstances. When considering the claims of the victim, the degree of suffering (physical, moral) related to his individual characteristics is taken into account.
Explanations of the Plenary Meeting
As the statistics show, the courts are considering quite a lot of cases related to the recovery moral harm. In the judicial practice under Art. 151 Civil Code of the Russian Federation quite a lot of questions that require a separatestudy. The variety of normative acts regulating relations connected with moral damage, different terms of their coming into force create difficulties in resolving cases.
Analyzing the comments on art. 151 Civil Code of the moral The damage caused by the Plenum of the Armed Forces can be concluded,that when considering disputes, courts should determine the nature of the relationship of participants, establish specific legal acts that regulate them. Of no less importance is the admissibility of compensation for harm within certain legal relationships, the time when the act regulating this procedure comes into force.
It is mandatory to find out what confirms the fact of causing suffering to the victim, what kind of action / inaction they have caused, the nature of suffering. The amount compensation for non-pecuniary damage, art. 151 Civil Code of the Russian Federation, in the first place, determines the victim himself. During consideration of requirements the court, considering specific circumstances of the case, satisfies or does not satisfy them.
Under the stipulated Art. 151 Civil Code of moral harm one must understand suffering(physical / moral) caused by inaction / action, encroaching on the intangible benefits that belong to the person from birth. These include, in particular, health, honor, business reputation, life, family (personal) secrets, etc. Actions / inactions may infringe upon non-property or property rights of a person. The first, for example, include the right of authorship, the use of their own name, etc.
Installed Art. 151 Civil Code of the moral harm may consist of feelings about:
- Loss of work.
- Impossibility to continue the old active life.
- Loss of relatives. For this reason, Art. 151 Civil Code of the moral damage in an accident.
- Dissemination of information discrediting the dignity of a citizen.
- Temporary restriction / deprivation of rights.
- Disclosures of medical or other secrets.
- Physical pain caused by an injury.
The Plenum of the Armed Forces emphasizes that in the Fundamentalscivil legislation of the USSR in Art. 131 provides for liability for damage caused by unlawful actions and in cases when in regulatory enactments there is no direct indication of the possibility of presenting such claims. According to Art. 151 Civil Code of the moral harm is collected according to the specified rule only if,when it is caused by actions that encroach on rights (non-property) or intangible goods. In other situations, compensation can be awarded only if there is an indication of this in the law.
Guilt of the Causes
It is considered one of the mandatory grounds for prosecuting arising moral damage under Art. 151 Civil Code of the Russian Federation. Meanwhile, the law provides for a number of exceptions.
So, compensation for non-pecuniary damage under art. 151 Civil Code of the Russian Federation can be awarded without fault of the culprit in cases when it is inflicted:
- The health / life of the person is a source of great danger.
- As a result of unlawful conviction, unlawful detention or taking a written undertaking not to leave, wrongful arrest or imposition of corrective labor.
- Dissemination of information discrediting the dignity, reputation, honor of a citizen.
As explained by the Plenum of the Supreme Council, the absence in the lawindication of the possibility of receiving compensation for moral damage under Art. 151 of the Civil Code of the Russian Federation within the framework of specific legal relations does not in all cases mean that the victim has no right to make appropriate claims.
For example, on the basis of paragraph 3 of the first articleThe fundamentals mentioned above, to the employment relations that arose after 03.08.1992, the provisions of Art. 131. This is possible insofar as the responsibility for the moral / physical suffering of the TC is not regulated. So, the court can oblige the employer to compensate for the harm caused by illegal transfer or refusal in it on medical indications, dismissal, application of collection, etc.
The rule mentioned above applies tolabor relations arising after 01.01.1995, as the said actions of the employer violate the non-personal personal rights of the employee and infringe on other intangible goods.
If the moral damage was inflicted prior to entering into thethe effect of the regulatory provision establishing the possibility of compensation, the applicant's claims are not subject to satisfaction. This rule also applies in cases where the plaintiff is suffering after the entry into force of the act.
This position is due to the fact that at the momentmoral damage was not established. According to general rules, the legislative act, which enhances responsibility in comparison with the damages acting at the time of the damage, does not have a retroactive effect.
If the moral damage was caused before the entry into force of the act, and the actions that provoked this harm continue after the entry into force of the document, the moral damage must be compensated.
Limitation of actions
If the claim for moral damagesderives from the infringement of non-property rights and other intangible benefits of the victim, the long-term period does not apply to him. This situation is enshrined in Article 208 of the Civil Code.
If the claim arises from the encroachment onproperty or other rights, the protection of which is carried out within the time limit established by law, takes into account the statute of limitations provided for by the relevant norms.
Form of collection
As the Plenum of the Armed Forces explained, in the dispute settlementcourts must take into account that for relations that arose after 03.08.1992, compensation for moral damage is determined in both monetary and other material form. As for the claims arising from the legal relations that took place after 01.01.1995, - exclusively in the monetary.
Taking these circumstances into account,the amount of compensation is determined depending on the extent and nature of the suffering caused to the victim, the degree of guilt of the causer in a particular situation, and other factors worthy of attention. At the same time, the amount of compensation can not be set depending on the amount of satisfied claims on the claim for recovery of damages (property damage, etc.). Courts in the resolution of such cases must be guided by the principles of justice and reasonableness.
Degree of suffering
It is evaluated taking into account the actual conditionscausing damage, as well as the individual characteristics of the victim. The latter should include any specific features of the victim, able to affect the intensity of negative emotions experienced by him. For example, it can be a state of pregnancy, increased excitability, illness, etc.
In the proceedings for recovery of compensationfor the suffering suffered, the courts must take into account that moral damage is considered in the legislation as non-pecuniary damage, despite the fact that compensation is provided in monetary or other material form. Therefore, the state duty for such cases should be levied in accordance with the provisions of sub-clauses. 3 1 point art. 333.19 NC, regulating the payment of claims of non-property nature.
At the same time, it should be taken into account that in a number of cases directly stipulated by law, the plaintiff can be exempted from the duty to pay the fee.
The court can considerself-claimed claims for compensation for moral damage. This is due to the fact that the responsibility for suffering, according to the law, does not depend on the existence of property damage. Accordingly, the recovery may be awarded both together with compensation for property damage, and independently. The victim has the right to claim compensation for the suffering caused in the criminal proceedings.