Statement of Compensation for Non-pecuniary Damage: Sample. Art. 151 of the Civil Code of the Russian Federation. Compensation for non-pecuniary damage

One of the ways to protect the subject of his rights is a lawsuit to recover compensation for moral harm. The amount of compensation is established by the court. For this, various factors are taken into account: the degree of guilt of the offender, the nature of the victim's moral and physical suffering. A court decision on compensation for non-pecuniary damage is made taking into account the requirements of justice and reasonableness.

Grounds for recovery

The provisions of the Civil Code on moral harm and its compensation apply in cases of violation:

• secrets of the will;
• copyrights;
• consumer rights;
• the interests of the citizen due to the distribution of advertisements of inappropriate content;
• the rights of a person in connection with the disclosure of information, access to which is limited, or other unlawful use of such information;
• labor rights of a citizen as a result of discrimination in the field of work or other unlawful acts against an employee, including in case of unjustified dismissal, illegal transfer to another place or dismissal from office in violation of the established procedure.

This is not a complete list of cases in which the victim may demand compensation for non-pecuniary damage.

Mandatory conditions

In accordance with the Civil Code, moral harm and its compensation can be said in the presence of:

1. Suffering (physical or mental). They are the result of a violation of rights or encroachment on other intangible goods.
2. Illegal action / inaction.
3. The relationship between the suffering of the victim and the misconduct of the injurer.
4. Guilty of a violator of rights (Article 151 of the Civil Code of the Russian Federation).

To make a claim, all of these conditions must be combined.

Exceptions

In accordance with civil law, compensation for non-pecuniary damage can also be claimed, regardless of the fault of the perpetrator, if:

1. Damage to health and life of the subject is caused by a source of increased danger.
2. The victim was subjected to unlawful conviction, criminal prosecution or administrative liability, or against him unlawfully applied preventive measures.
3. Data were disseminated that discredited dignity and honor, as well as the business reputation of the person.

Aircraft Explanations

Some problems of compensation for non-pecuniary damage were considered in plenary decision of the Supreme Court No. 10 of 1994. In it, the Supreme Court provides a number of important explanations.

In particular, the Court points out that moral distress associated with the loss of loved ones, the inability to continue an active life, the disclosure of medical, family, personal secrets, loss of work, physical pain, etc. can be recognized as moral harm. In this case, the Sun pays attention to the fact that the absence in the regulatory act of a direct indication of the possibility of compensation for suffering does not mean that the victim does not have the right to present a corresponding claim.

Reimbursement amount

In practice, difficulties often arise in determining the amount of compensation for non-pecuniary damage. This is due to the lack of clear criteria and calculation procedures in the legislation.

According to general rules, judges make decisions at their discretion, taking into account the requirements of the victim. Accordingly, the amount of compensation directly depends on the subjective opinion of the court. Therefore, it is rather difficult to establish limits (minimum or maximum) of the amount.

According to lawyers, the minimum amount of monetary compensation for non-pecuniary damage may be 1 thousand rubles, and the maximum - 500 thousand rubles. Today, as judicial practice shows, the average amount of compensation in the metropolitan area is 5-50 thousand rubles.

Nuances

According to many lawyers, when considering claims for compensation for non-pecuniary damage (a sample of the document will be discussed below), courts are increasingly trying to take into account the desire of the plaintiff and defendant to reach an agreement within the framework of pre-trial settlement. If the applicant refuses the claim procedure and uses judicial protection as a method of enrichment, then it is likely that a minimum amount will be recovered in his favor.

Generally speaking, when considering claims for compensation for non-pecuniary damage, the authorities seek, on the one hand, to compensate the damage caused to the victim, and on the other hand, to prevent the plaintiff from being unjustified and putting an excessive property burden on the defendant.

Accident damage

As practice shows, in claims for compensation for non-pecuniary damage caused during traffic accidents, courts often reduce the average amount of claims of the victim by 2-5 times. However, it is precisely in such cases that large enough amounts are recovered.

So, in one trial the victim demanded 500 thousand rubles. compensation for non-pecuniary damage caused by the loss of a breadwinner, and 150 thousand rubles were awarded. In another case, the claim for non-pecuniary damage indicated the amount of 500 thousand rubles, and the court cut it exactly half. Another victim demanded 1 million rubles. for the harm done to health, but received a third - 300 thousand rubles.

There are cases in practice when the value of the stated requirements is reduced by 10 times. But even in such cases, you can get a higher than average refund.

Consumer Rights Violation

As a rule, the amount of compensation in such cases is 5-50 thousand rubles.

In its Decree No. 10, the Armed Forces noted that the amount of a claim for compensation for non-pecuniary damage cannot be made dependent on the cost of a service, product or work, or the amount of the penalty.

However, the courts, considering cases of violation of consumer rights, also underestimate the amount claimed. According to a number of lawyers, the amount of compensation can be reduced by more than 20 times.

Claims of victims for compensation for harm may be claimed and must be satisfied not only in cases of damage caused directly by defects in goods, services or work, but also in the case of an unreasonable demand for payment for services included in the free list.

Violation of labor rights

If there is a gross violation of the rights of the employee, he may demand compensation for non-pecuniary damage. Unfortunately, often when considering such cases, courts significantly reduce the amount of compensation. On average, applicants receive about 10 thousand rubles.

So, in practice there are cases in which the plaintiffs claimed in claims from 20 to 50 thousand rubles, but received no more than 12 thousand rubles.

Health damage

In case of harm to health, the presence of moral damage is automatically implied. In this case, the court determines only the amount of compensation, taking into account the requirements of the victim.

Many lawyers agree that the maximum amount of compensation should be exacted in this particular category of cases, since here the likelihood of suffering, suffering, disability, etc. is higher.

Consider an example. Due to the malfunction of the aircraft, landing on a flight was not carried out via a telescopic ladder, but using a self-propelled ladder through the apron. The victim was with her infant to board the bus from the airport building. Slipping, she fell back. The child fell out of her hands, but was not injured. After examination, airport medical personnel removed the passenger from the flight.

Considering that the administration of the airport complex did not provide adequate security, the prosecutor sent a lawsuit to the court in the interests of the victim. The victim indicated that she was a single mother. The loss of ability to work, the ability to continue active life, to take care of oneself, to raise and care for the child, interruption of breastfeeding, and the cancellation of the trip, the purpose of which was to conduct a medical examination of the child, brought together severe moral suffering. Moreover, the injury sustained at the airport continued to cause physical pain to the victim at the time of the trial. The amount indicated in the request amounted to 250 thousand rubles.

The court took the position of the applicant and noted that the security measures taken by the airport administration had indeed been insufficient. As a result, complete safety was not ensured when moving from the building to the bus. At the same time, the amount of the claimed compensation was left unchanged, considering it fair, taking into account the degree of suffering.

The defendant, however, appealed against the decision and demanded a reduction in the amount of compensation. But the higher authority did not satisfy the complaint.

Thus, when awarding compensation, the court took into account the duration of treatment, the degree of physical and mental suffering, the victim's experience due to the loss of the ability to independently serve and fully care for the child.

According to experts, as a rule, the amount of compensation in such cases rarely exceeds 50 thousand rubles. The above example is clearly an exception. What influenced the court's decision to satisfy the claim?

Firstly, lawyers say, the identity of the victim. A single mother with a baby gives compassion. Secondly, the airport is a large solvent company. For her, the amount of 250 thousand rubles. not significant.

According to lawyers, the courts in such cases try to use the possibility of collecting moral damage, as enshrined in Art. 151 of the Civil Code, as an instrument of influence on dishonest defendants. As practice shows, this method of influence is very effective.

Pre-trial Order

Compensation for non-pecuniary damage may be recovered in court or as part of the claims procedure for dispute settlement. Many lawyers note that plaintiffs often ignore the possibility of a pre-trial settlement of the conflict, which is not always advisable and justified. The fact is that the claim procedure can significantly save time, nerves and money on both sides of the dispute.

Pre-trial settlement involves sending a written claim to the inflicter of harm, indicating the violation and the offer to compensate the damage in the specified amount. If the addressee agrees with the requirement, then negotiations can begin.

If the inflicter of harm does not respond to the claim or sends a refusal to satisfy it, the victim may go to court. The claimant should also include correspondence to the claim, among other evidence of the correctness. So more likely that the court will satisfy the requirements.

What to write in a statement?

There is a list of information that must be required in a lawsuit:

1. The name of the authority that will consider the case.
2. Applicant's full name, address of residence, contact details.
3. Name of the defendant, address and contacts (if known). The defendant, by the way, may be an enterprise. In this case, you need to specify its name, address and phone numbers.
4. The name of the statement. In the center you need to write "A statement of claim for non-pecuniary damage."

The text must briefly state the circumstances of the case, indicate which particular right was violated. Here it is advisable to refer to the evidence that will be attached to the claim. In conclusion, it should indicate the norms of civil and civil procedure law that govern the applicant, as well as, in fact, a request to the court to recover compensation for moral damage from the defendant. It is necessary to indicate a fixed amount (not in the minimum wage).

Do not forget that the number of copies of the claim and applications must correspond to the number of participants in the dispute.

Features of evidence

Confirmation of the guilt of the defendant rests with the plaintiff. It is the applicant who must provide evidence of a violation of his rights, the presence of a causal relationship between the behavior of the causer and the harm resulting from him. For this, you can use any means not prohibited by law. This may be the testimony of witnesses, expert opinions, etc. Evidence of disability may be recognized as indisputable. This can be a certificate from a medical institution, emergency room, an extract from the medical history. It is likely that the court will consider that the greater the damage caused, the greater the suffering of the victim.

The evidence may be audio or video recordings of harm. You can confirm the need for compensation by a certificate from a psychologist or psychiatrist, which will indicate the reason for the visit and the conclusion of a specialist.

Limitation period

In accordance with applicable law, the statute of limitations for claims for compensation for non-pecuniary damage has not been established. However, you can file an application with the court within 3 years from the moment the damage was caused.

Conclusion

Judicial practice shows that cases of compensation for non-pecuniary damage are not considered so often. Perhaps this is due to the disbelief of the victims in the power of justice. Many victims simply do not know about their right to demand redress.