Compensation for moral damage in the form of monetary compensation is the norm. The law does not clearly indicate the amount of compensation, but it must be commensurate with the moral damage caused.
The Constitution of the Russian Federation states: the main value is to ensure the rights and freedoms of citizens, in accordance with the law of the Russian Federation. The state is obliged to guarantee every citizen, regardless of his race, nationality, language, religion, sex, financial status, position held and other categories, to give the opportunity to exercise these rights.
The concept of moral harm
Moral harm is a complex concept that belongs to the category of subjective signs of human life. From the standpoint of official legislation, moral harm is interpreted as one of the varieties of the moral right of a citizen. Negative emotional experiences, moral suffering, psychological and mental trauma experienced by a person due to the violation of the integrity of his personal non-property values - this is moral harm, or damage, for which he has the right to sue.
For a modern person, it is very important to be sure that he has a legal right to demand from the offender to compensate for the moral harm caused to him as a result of the violation of his rights, freedoms and an attempt on personal dignity.
The amount of compensation for moral damage
The causes of moral harm can be various factors that defame a citizen or give a false idea about him: insults, dissemination of inaccurate information, the very fact of committing a crime. In accordance with the main law of the state, moral damage can be compensated by imposing a monetary payment by the offender to the plaintiff. However, there are no clear rules by which this amount is determined. Most often, the plaintiff himself calls it, and the court decides on its full or partial payment. In this case, the judge must be objective and be guided by the principle of justice and proportionality of the damage caused and the required monetary compensation.
An appeal to the court with a request for compensation for moral damage can be considered within the framework of criminal proceedings: a claim is filed with an investigator, an inquiry officer or directly to a court. In addition, a claim for compensation for non-pecuniary damage can be filed through civil proceedings. At the same time, there is an opportunity to contact professional lawyers who will help to competently draw up a claim, defend rights in the process of hearing a case and achieve moral and financial satisfaction.
