In various controversial situations, in addition to real damage, there is such a thing as moral harm. The Civil Code of the Russian Federation (Civil Code of the Russian Federation) expressly establishes that compensation is provided for it. Many citizens are generally aware of this. Intuitively, everyone understands how moral harm is manifested. The Civil Code of the Russian Federation gives a clear definition of this concept. Let us try to clarify the term itself, how much compensation for harm may be required, as well as analyze cases from judicial practice.
Civil Code of the Russian Federation. Non-pecuniary damage: 151 articles
Article 151 expressly states that a citizen may demand compensation if he sustained non-pecuniary damage. This refers to physical or mental suffering.
What is physical suffering?
Physical suffering, which fall under the concept of "moral harm" (Civil Code), is divided into two categories:
- Harmful to health.
- Harm as a result of which a citizen suffered material losses.
Let’s try to figure out abstract examples when compensation is given for harm done to a person, and when not.
Suppose jewels were stolen from a citizen and handed over to a 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 precisely under Art. 151 of the Civil Code of the Russian Federation. Non-pecuniary damage (Article. Civil Code of the Russian Federation) in this situation is absent. The fact is that a property crime, in this example - theft of jewelry, does not actually cause moral suffering. A citizen from whom property was stolen may demand real compensation for his losses, but this is not compensation for moral damage. The Civil Code of the Russian Federation provides for other articles regulating such situations.
Moral damage
Another thing is if a citizen as a result of actions was harmed, which entailed financial losses. A vivid example is the illegal dismissal of an employee. Two events take place here:
- A person was illegally fired, causing him moral harm (Civil Code of the Russian Federation).
- As a result of illegal actions, he lost his earnings (Labor Code of the Russian Federation).
In this case, the courts are completely on the side of the injured person. As a result of the illegal dismissal, compensation for non-pecuniary damage is provided. The Civil Code of the Russian Federation contains such a thing as compensation for deprivation of wages. This amount is determined by the average daily earnings for the last year of work, which is multiplied by the number of missed days. Of course, each case is unique. According to lawyers, there are no two identical situations.
Personal non-property damage
Personal non-property harm, as a rule, manifests itself in experiences, mental disorders. For example, a citizen was fired from his job, his health deteriorated, his blood pressure rose, and insomnia appeared. For confirmation, it is advisable to take certificates from medical institutions. Unfortunately, the Russian courts are very stingy in this regard. This is quite logical. Real property damage can be assessed and proved by examinations, documents, checks. But how to monetize non-property harm? How to evaluate the cost of insomnia, worries? What should be the real compensation for non-pecuniary damage? The article of the Civil Code of the Russian Federation governing it does not contain references to the minimum and maximum amounts.
Manifestation of non-pecuniary damage
It can be expressed in the following:
- Job loss.
- Disclosure of medical and family secrets.
- Dissemination of invalid information that offends the honor and dignity of a citizen.
- Direct harm to health.
As for the disclosure of medical and family secrets, various problems often arise here. 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 result in a loss of reputation. A businessman may lose profitable contracts. Psychologists and doctors are required to keep their clients secret. However, as a result, journalists learned about the history of the businessman. They published it on the pages of newspapers. The businessman has lost profitable contracts, his reputation as a leader has been shaken. Of course, it is difficult to prove a direct causal relationship. Therefore, the real damage from such actions is impossible to calculate.
The situation is different with harm to health. There are specific certificates, extracts from medical documents, a medical history. All this can serve as evidence in court.
How much is the harm?
The legislation does not provide for restrictions on compensation for non-pecuniary damage. Each man decides for himself how much he estimates the deterioration of health, insomnia, and anxiety. In judicial practice, there have been cases when this amount reached eight-digit numbers. 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 is one thing to write, another to sue. As noted above, the courts are very stingy in compensation for non-property damage. Therefore, instead of the declared 200-300 thousand rubles, the plaintiff, as a rule, sees in the decision the amount many times less.
You need to pay with money
Non-pecuniary damage (Civil Code, Article 1101) must be compensated in cash. The amount is determined by the court, taking into account the individual characteristics of the case. This means that if a person broke an old fence at his grandmother’s village, then building a new one in his place by court order will not work - you will have to pay with money. Even if instead of a wooden fence the perpetrator wants to build it from more expensive materials. Such cases are resolved as part of a pre-trial settlement. At the trial, it will be impossible to state such a desire.
Other features
Compensation for non-pecuniary damage are not justified expenses of enterprises. The Ministry of Finance of the Russian Federation made this clear in a letter dated January 24, 2007. It says that the compensation for moral damage that the company paid for illegal actions is taxed. This is not a justified expense related to the commercial or other activities of the enterprise. Consequently, no tax benefits are provided.
Statute of limitations
The limitation period for claims for non-pecuniary damage, i.e., the time for filing an application with the court, is determined from the nature of the legal relationship. If an unlawful action results from a violation of property rights or of a different nature, according to which a limitation period is provided, then the same period is determined for compensation for moral damage. Let us explain with a specific example. A citizen was illegally fired from his job. The statute of limitations for restoration is one month under the new Code of Civil Procedure, in force since 2010. This means that compensation can also be requested during a forced absence during this month.
But if the violation is associated with personal non-property rights, then there is no limitation period. For example, if a citizen has been slandered, damaged his professional reputation, then he can appeal to the court at any time with a claim for compensation for moral damage. It is worth noting that one statement is not enough. Need to provide evidence. They will be discussed in more detail below.
Evidence
The decision on compensation for non-pecuniary damage is considered solely by the court. He relies not only on the words of the victim, but also examines the evidence base. As a rule, the basis of the decisions taken are:
- Written evidence (certificates, recipes, extracts).
- Witness's testimonies. For example, work colleagues, company managers can confirm that noticeable changes have occurred with the victim related to experiences: the quality of work has decreased, behavior, emotional state, etc. have changed.
- The conclusion of experts, specialists - various diagnoses, medical certificates.
The totality of all the above evidence will form the basis of the decision on compensation.
No need to be afraid to go to the psychiatrist
Professional lawyers note that if a citizen really experiences emotional distress associated with moral harm to him, then one should not neglect the approach to a psychiatrist. Most incorrectly think that only seriously ill people turn to them for help, and that such appeals will lead to further problematic situations: difficulties will arise in finding a job, there will be a negative medical history, etc. There is no need to be afraid of this. A call to a psychiatrist caused by emotional experiences is a normal occurrence. The doctor will prescribe sedatives, tell you how to cope with the excitement, give written confirmation of the fact of treatment - all this can affect future compensation.
How to defend your innocence
Sometimes proving the truth is extremely difficult. Some seemingly banal situations reach the highest court - the Supreme Court of the Russian Federation. Sometimes new decisions are made there, which proves one important theory: one must always go all the way in upholding one's innocence. If a citizen believes that the store employees, for example, neglected security measures, as a result of which their health was harmed, then one decision of the district court should not stop him. Often the decision of the first instance is quashed on appeal. It may happen that the defendant goes to the end. Large firms have their own full-time lawyers. Judgment is their job. Therefore, victory in one instance for an ordinary citizen, as a rule, is not final. Often, legal organizations submit to higher authorities.
Conclusion
So, the article of the Civil Code of the Russian Federation on non-pecuniary damage is 151. According to it, the victim can apply to the court for compensation. Non-pecuniary damage refers to suffering caused by unlawful acts. Payment is made only in cash. The decision is made solely by the court on the basis of all available evidence. Article 151 of the Civil Code of the Russian Federation does not contain minimum requirements . Everyone determines moral harm (severity) for himself, but we must understand that our courts are stingy for compensation.